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Cumberland Landfill Information Web Site

Community Development through informed citizen involvement.

"...let Facts be submitted to a candid world." --The Declaration of Independence

CUMBERLAND The Cumberland County Board of Supervisors have recently appointed members to serve on the Countys Landfill Citizens Advisory Committee. The creation of the committee was approved by supervisors during the month of November in order to address concerns related to matters that may arise regarding the commercial landfill that is to be sited in the County.

The committee is outlined in the Host Community Agreement between Cumberland County Land Development, LLC (CCDC) and the County. The committee is to be comprised of citizens, affected parties, Board of Supervisors members, County staff, and CCDC representatives to discuss issues and concerns related to the landfill operations and to provide a way to consider ideas regarding the implementation of the Property Value Assurance Program, according to the bylaws.

And the committee shall cease to exist after January 1, 2027 unless the board acts earlier to terminate or extends its existence, the bylaws later state.

District Two Supervisor Cliff White told The Herald Monday that the board has appointed several members to serve on the committee. He also added that the board is awaiting confirmation from two residents who were recently recommended. Both, White and Board of Supervisors Vice-Chairman Van Petty, have made recommendations to the board regarding two (at-large) residents from the neighborhoods surrounding the landfill.

I have asked a lady in The Woods subdivision and she said she wanted to think about it and she hasnt came back to me yet. And the Third District, Van Petty, has asked someone on Goshen Road and she hasnt given him an answer yet either,said Supervisor White.

The County Administrators office provided The Herald with the names of the committees members so far. According to the information, currently the landfill committee is comprised of District One resident Dave Hale, District Two resident Loren Glover, District Three resident Jack Ingle, District Four resident Gene Brooks, and District Five resident John Skelly. Also, County Administrator Judy Ownby will serve as the staff representative and Supervisor White was appointed as representative from the Board of Supervisors with Petty serving as the alternate.

The committee, once completely established, will make recommendations to the board during the planning and design phases, operation, maintenance, closure, and post-closure of the landfill. Also their duties include, making recommendations after consideration and discussion related to the monitoring of the site and the maintenance of the access road leading to the landfill, according to the bylaws. The non-binding recommendationwill also include such topics as the compensation for landowners near the landfill site pursuant to the Property Value Protection Plan, outlined in the Host Agreement.

The bylaws also state that once the committees recommendations have been heard, the Board of Supervisors will make final determinations.

CUMBERLAND The Countys Board of Supervisors met on Monday night to make important decisions concerning a Landfill Citizens Advisory Committee and also regarding an extension of the Interim Agreement between the Cumberland County School Board and the contractor, H&M Construction, Co., Inc.

Supervisors also discussed several other important issues during the called meeting as well.

County Attorney Howard Estes began this portion of the meeting by presenting the bylaws of the Cumberland County Landfill Citizens Advisory Committee.

Last month, Supervisor Clifton White asked that logistical information be brought forth to the Board about creating a committee whose purpose would be to advise Supervisors during the planning and design phases, operation, maintenance, closure, and post-closure of the landfill.

According to the bylaws presented, the committee would make recommendations to the Board regarding compensation for landowners pursuant to the Property Value Protection Plan in accordance with the Host Agreement… (And) shall make recommendations to the Board regarding any other issues which impact the surrounding neighborhoods.

Ultimately, the County Supervisors will make all final decisions about the compensation under the Property Value Protection Plan after the committees recommendations are heard.

A committee created would serve an advisory role… In terms of the Property Protection Program as well as dealing with other issues such as trucks coming out on Route 60 that are not being watched properly, or if there are noise issues or problems, or trash being left on the side of the road… This committee will serve as a double check, if you will, on the Property Protection Program and serve as a recommendation to the full Board and then you will work with the Allied representatives through that variable,explained the County Attorney to the Supervisors.

The committee will be made up of nine voting members. One member from each Districtfive total, two members from the landfills surrounding neighborhood, and two members representing the Cumberland County Development Company, LLC, including the landfills current manager.

The County Administrator or designee, the Planning and Zoning Administrator or designee, and two Supervisors will also sit on the committee as non-voting, ex-officio members.

Other than that, this is standard framework for setting up an advisory committee… And then allows them to go ahead and run itself as they see fit,commented Chairman Osl.

Later it was decided that the County Attorney incorporate the changes that were discussed on Monday night and during the Boards November meeting action will be taken.

Karen Mulleins, Project Manager with Cumberland County Schools, began the meeting by presenting information to the Board about the history and future plans for the new middle and high school complex project.

The request by the Superintendent is to approve the appropriation of $812,107 to extend the Interim Agreement in place with H&M through December 31. This will allow the project process to continue while the subsequent Comprehensive Agreement is finalized pursuant to the PPEA (Public-Private Educational Facilities and Infrastructure Act) guidelines,explained Ms. Mulleins.

Board Chairman William Osl later clarified previous statements and said, Just from a technicality standpoint, we will not be appropriating the $812,107. We didnt appropriate the $725,000, we gave agreement for authorization for the school to enter into the Interim Agreement. And thereby committing the County on a financial basis at some future point and time… So tonight we will be looking at taking action to continue the work that is going on with the project and to…give the Superintendent authorization to commit the county to this financial liability in the future.

The construction will be to build a new 1,200-student middle and high school in the same location as the current high school. According to information presented by Ms. Mulleins, the project has a planned opening date of January 5, 2009.

The School Board received the unsolicited proposal from H&M in March of this year. And this past August H&M was given approval to begin design work under an Interim Agreement.

The original Interim Agreement covered the cost of design work through October 31 in the amount of $725,000.

According to information provided, the extension of the agreement would cover the ongoing design through 75 percent completion. An asbestos report and abatement, a complete geo-technical engineering report, Phase 1 environmental survey, the consulting of engineers to support a value engineering study, and the placement of portable classrooms to allow for the relocation of classrooms that are in the demolition footprint.

During the discussion, Supervisor White asked questions concerning when the County will have to pay the money. When will Cumberland County have to give H&M some of this money, after the Comprehensive Plan signing?

County Attorney Estes responded by stating, At the end of this December 31 time period Cumberland County will owe the entire 1.5 million.

What this will do, as you can see under the Interim Agreement being extended to the end of this calendar year, will allow them to do the asbestos maintenance… And put the classrooms in place so they can immediately begin demolition, all the IT lines will be moved so that the classrooms are operational for the new semester in January. Basically, they will be ready to begin demolition,explained Supervisor White.

So, the intention is, there will be a schedule that will have some meetings and the process for us to approve the Comprehensive Agreement within the next thirty days,Chairman Osl commented.

If we want to make any changes…change recommendations to the School Board… that money is tied up in this additional appropriation too. What we are trying to do with the Board (School Board) is to try and make sure we are getting the most for our money, and not extra for our money,said Supervisor White.

According to the targeted timeline provided by the school, as of November 6 the negotiations on the proposed Comprehensive Agreement should be finalized.

During the next scheduled Board of Supervisors meeting the agreement will be presented for approval.

This schedule is contingent on the School Board affirming the Comprehensive Agreement at its next meeting.

Also, the Board is currently looking into the details concerning making the school a designated emergency shelter.

The difference is that different items will have to go into the process at this point and time,said Chairman Osl regarding the new school complex.

According to Supervisor White in order to build the school as an emergency shelter the roof system will have to be able to sustain hurricane force winds.

White concluded, So youre looking at, basically, the gymnasium, the bathrooms associated with the gymnasium, and the cafeteria area if we thought the additional cost is worth that.

Currently, the County only has two rescue squad buildings designated as emergency shelters.

It helps us finalize funding sources without slowing down the process,Chairman Osl concluded.

After discussion, the Board unanimously approved to extend the Interim Agreement through December 31.

According to Assistant County Administrator of Finance Jill Matthews the County will begin advertising for a part-time Fire Marshall.

At the beginning of the presentation Supervisor White addressed the fact that he does not think a full-time Fire Marshall position is needed.

I dont particularly think we need a full-time position,Supervisor White commented.

And later after the discussion, Chairman Osl told the Board the he believes it would be great to have one in the County of their own.

Currently, the Board is working on revising the Countys animal ordinances to delineate private and commercial kennels, amend permitted uses in agricultural and residential zoned areas to include private kennels, and add Section 10-34 which relates to Animal Nuisances and also add Section 10-35-40 that would relate to Animal Cruelty.

According to information presented by the County Attorney the definition of a commercial kennel could be revised by Supervisors to state, A facility where dogs, cats, other domestic animals are kept for boarding, breeding, care, grooming, sale or other purpose for commercial gain or other compensation.

And the definition of a private kennel in the draft ordinance states, A place where five or more dogs, cats, other domestic animals, more than four months old, are kept, houses, sheltered, or otherwise maintained.

Vice Chairman Van Petty discussed his concern about controlling the number of animals the county citizens can have.

Vice Chairman Petty said that, Trying to decide the number of animals that a person can have is difficult. For example, lets say that in an A-2 (agricultural) area there might be a community where houses are in a cluster… (And) in other scenarios you might have two acres and the person might have two horses and 20 or 30 dogs, and 10 or 15 cats, and they might even have some chickens. Although it may be in an A-2 area, it is a clustered area, people are living right beside each other and you have animals confined in a tight area.

According to comments made by Chairman Osl, At some point and time do we recognize in the County thats really an R-2 not an A-2 and its not even being used for that purpose anymore and the purpose its being used for is a residential development.

The Board is currently questioning how to arrive at a particular number of domestic animals to allow in the residential zoned areas.

According to the drafted ordinance, in an A-2 you can have as many domestic animals as you want, but really with R-2 and R-3 if you have five or more you would have to get a conditional use permit,explained the County Attorney.

Id like to take this back to the folks in the Farm Bureau and have them look at it and see if there are any concerns or issues that they have with it,commented Chairman Osl.

The Board says it would like to make sure those involved with this decision have their concerns addressed before making a decision.

Later during the meeting the Board also approved a resolution regarding the Virginia Department of Transportation (VDOT). According to the resolution the Turnkey Asset Maintenance Services (TAMS) should not eliminate services provided to rural areas such as Cumberland by Area Headquarters.

According to the Board it opposes the reduction in local staff at Area Headquarters and the outsourcing of maintenance activities through privatization.

The resolution states that, Any reduction in Area Headquarters may reduce VDOT costs, but will increase emergency response time, increase the time required for snow-removal since chemicals will not be stored in the area, creating a hardship for all rural counties.

Also, the Board approved sending another resolution to the Governor, the Countys General Assembly delegation, and to the Virginia Association of Counties regarding clustering of single-family dwellings and its opposition to certain provisions of Senate Bill 374.

According to the resolution, the new code requires each locality to designate 40 percent of unimproved residential and agriculturally zoned land as eligible for by-right cluster development is arbitrary and capricious and encourages unwanted residential growth in localities trying to manage and control growth.

In the resolution, the Board strongly urges to make cluster development an optional land use tool for local governments… and to eliminate any reference to what type or how much land in a locality should be made available for cluster development.

The Board also will send a copy of the resolution to other counties in the Commonwealth in hopes that they will adopt a similar resolution.

CUMBERLAND On Tuesday evening Cumberland County citizens gathered in the Cumberland Elementary Schools cafeteria to take part in the permitting process for the proposed multi-state landfill.

Cumberland County Land Development, LLCa subsidiary of Allied Waste arranged the open forum. It is the first step towards obtaining a permit from the Virginia Department of Environmental Quality (DEQ). During the Notice of Intentmeeting, frustrated citizens, that will be living in close proximity to the proposed commercial landfill, voiced their opinions and asked questions.

Ted Neura, project development manager for Allied Waste, led the open forum. Also in the audience were other representatives from Allied Waste and members from the Lynchburg DEQ office.

The meeting began with a presentation from Neura that included background information concerning the proposed landfill and gave information concerning the next steps that will be taken to meet the regulations, set by DEQ, as part of the permitting process.

Neura briefly explained that the process began well over a year ago, in July of 2005. Then in November Allied Waste submitted a proposal to the County. Later in January of this year Cumberland County hosted a meeting that outlined the permitting process.

In late January, we were actually selected as the preferred provider of the project,Neura said.

By April of this year, Allied Waste had held a large meeting and during that meeting the proposed location of the site was announced. And most recently, in August, Allied Waste submitted the several rezoning a p pl i c a tions to the County.

After several recent public hearings, the decision was made by the Countys Board of Supervisors to approve the rezoning and conditional use applications regarding the siting of a landfill in the area located just off of Route 60, next to The Woods subdivision.

And to that, we had several meetings with a lot of sincere questions, a lot of answers, and a lot of emotions through this process. And I know some people still have some questions that are outstanding. And were going to talk about where we are with the design and the permitting process tonight,Neura explained.

The meeting, Tuesday, was the official initiation of the DEQ permitting process by Allied Waste for the siting of a landfill to be sited in Cumberland County.

According to remarks made by Neura, the purpose of the meeting on Tuesday was to seek comments from the residents that are located near the site about the siting and operation of the landfill itself.

Neura said, We have not filed a permit application with the DEQ at this point and time. There are really two types of applications or a two-part process. Once we go through the notifying of the community, we are about ready to submit the permit application, we will submit Part A.

Part A of the permitting pro c ess involves the reviewing of the site to make sure that it is suited for the location of a commercial landfill. DEQ will, for instance, look at various geological features, floodplains, wetlands, and the setbacks from property boundaries, roads, and residents.

Also, under consideration during this part of the permitting process will be the Virginia Department of Transportations (VDOT) Adequacy Report, land use, and the Host Agreement between Cumberland and Allied Wastes subsidiary Cumbe r land County Land Develo p ment, LLC.

Neura later commented, And Part B is kind of like the nuts and bolts of the design and all of the operation and monitoring plans that you would have with construction, operation, closure, and post-closure… So, we are before the application stage.

One of the goals of the landfill project, according to the presentation, is to maximize environmental protection, but to also minimize the impact it will have on the surrounding community.

One of the most difficult things I have in my job is explaining the difference between the new sites and the old sites,Neura said. …Its tough to overcome the kind of history old landfills have had.

Key design elements include, the clay liner system, the plastic liner system, the cap system, the gas extraction system, and how all of these are layered together. Neura also explained how the monitoring system and design elements relate and work together in order to create an environmentally safe comme r cial landfill.

The system at the top serves a dual purpose,explained Neura. It allows the operators to keep gas inside the site as well as moisture out. The landfill is kind of set like a rooftop on a house. There are certain grades that control the surface water thats at the top of the landfill… and keeps moisture from entering the site. And over the long-term they tend to dry up.

The Part B phase of permitting, according to Neuras presentation, is the step that follows the Part A portion.

We get into various monitoring and operating plans, the financial assurance requirements are established,Neura stated.

Throughout the presentation, Neura commented that a lot of the operating issues have already been addressed to date. They include the standards that have been set forth in the Host Agreement and also in the 41 conditions that can be found in the Conditional Use Permit that was approved by the Countys Supervisors last month.

A great deal of operating questions have been raised and practice standards set forth,concluded Neura.

After Neuras presentation, he then opened the meeting for comments from the County citizens. Citizens did not have to speak from the podium, but instead spoke from their seats in the Elementary Schools cafeteria.

Although there was not a large crowd in attendance for the meeting, those citizens that were present did bring a long list of concerns, questions, and clearly voiced their opinions.

Neura responded, We minimize any impact on the environment… If you did have a problem with the liner system you have other location requirements… It gives us an opportunity to pick it up in our monitoring system.

Neura answered again, I cant guarantee that the liner wont leak, but what I can tell you is the design compensates for all of that the redundancy of the clay liner itself, with our monitoring program and with the cap system. So you know, the question has come up and the answer is simply that you have all these other criteria to help protect the environment. So I cant guarantee that the synthetic liner wont leak.

Next, one County citizen wanted to know if any of Allied Wastes other landfill sites are located in areas where the surrounding landowners are on well water?

The answer is yes,Neura said. Most of our sites are set up in areas that dont have city water or some kind of community water system. So, a lot of landfills are in rural environments where the neighbors are frankly on well water.

Neura also explained that Allied Waste is required to protect the neighbors by maintaining requirements that will keep landowning neighbors from being impacted by the commercial landfill.

After much discussion someone in the audience asked, If you lived four miles from the site would you want it put there?

To try to do justice, Ive operated sites the majority of my life. And Ive seen things through those eyes and the answer that I would give you is that it wouldnt bother me. Four miles is a long ways away and you just are never going to know the site is there. Now, you are hearing it from me, its hard for you to even believe that. I would tell you personally, no. But, Im the landfill guy up here,explained Neura.

After capping a landfill, according to Neuras comments, the federal and state standards are that the landfill must be monitored for 30 years.

…Once we get into it, its ours forever and its a great responsibility and we take it very seriously,said Neura.

Later, another citizen asked Neura where exactly would the footprintof the landfill begin off of Goshen Road?

I think right now the preliminary footprint is approximately 500 to 600 feet off Goshen, is where the closest point of the footprint would be. But where we are going to start, its probably going to beIm going to guess right nowbut Im thinking at least 1500 feet further back into the site,explained Neura.

After the explanation the same citizen then said, So there will be a minimum of a 300-foot buffer between Goshen Road and whatever you are doing over in the woods that n o body can see.

The footprintcan only be as large as 265 acres, according to the agreement between the County. That is written in stone,explained Neura.

Another topic that arose from the discussion between the citizens and Neura pertaining to the landfills future after it has been capped.

At other landfill sites, according to Neura, the areas have been converted to parks and recreational facilities.

Lastly, a resident that lives near the proposed landfill site asked Neura to elaborate on the VDOT Adequacy Survey. And what would be the maximum per day that would be allowed,she asked.

We looked at employee traffic, we looked at construction traffic, and we incorporated truck traffic with the landfill… Im thinking it was around 200 trips in and then 200 trucks out for a total of 400,explained Neura.

There is no way Route 60 is going to take traffic like that safely,the resident ended.

The corridor that we looked at is the section along U.S. Route 60 to the county line and over to 45… (VDOT) actually has studies that theyve done and we actually pulled on existing (VDOT) studies. I think the date is 20055

Before Neura ended the meeting, Robert Coxon said, Ive got to go tomorrow with my wife to look for another place to live… When you mess with my assets, its like going to the bank and stealing my money.

CUMBERLAND Late Tuesday night marked a change for the entire county of Cumberland. In what has been a long-standing debate in the County, members of the Board of Supervisors approved the rezoning applications and conditional use permits for a multi-state commercial landfill to be placed on Route 60 close to The Woods subdivision and the Goshen and Frenchs Store Road communities.

To begin, the Board heard the resolution for the amendment to County Code concerning borrowing and excavating activities in an A-2 (agriculture) zone. After the motion was made, the Board voted unanimously to the Zoning Ordinance Amendment.

Next, County Attorney Howard Estes read the resolutions into the record for the two rezoning applications and the two Conditional Use Permit (CUP) applications submitted by Cumberland County Land Development, LLC (CCDC) and Obscurity Land Development, LLC (OLD).

The Board unanimously approved the rezoning applications after making slight modifications to the 41 CUP Conditions listed in Part One of the CCDC rezoning application #06-08-01.

One modification included, for clarity sake, the Board and Allied Waste agreed to change the language in Condition 38 to read, at the nearest property line,instead of the original nearest residence. According to Allied Waste, specifically, the property must be a residential lot with a home.

Board of Supervisors Chairman William Osl began the public hearing by making comments, from the entire Board, to the citizens of Cumberland County.

The Board approached the landfill with healthy skepticism, so that we could determine if the County benefits of a landfill were real…And so that we could access the potential jeopardy to the health and safety of our citizens and to the environment. And also to determine if we were willing to subject ourselves and our families to the political pressure and to the personal ridicule that was sure to follow. You did not see that skepticism in any of our public meetings,said Chairman Osl. Why would we bring something to you if we were not confident in it ourselves. Unfortunately, some of you interpreted that confidence as arrogance.

During the comments made, Chairman Osl addressed the concern of one resident who questioned information concerning research done and regarding the landfill experts that were consulted by the Board.

Here are the facts…None of those firms were the law firm, or the consultants, or the engineering firms who work for or are financially supported by the firm that we are working with, Allied or the…former firm Republic,Osl said.

The applicant, Allied, has been by no means the only or even the primary source of information to the Board of Supervisors. Some have questioned the integrity of this Board,commented Osl. As a citizen, if I suspected anyone in local government services to be quote on the takeor receiving personal financial gain I would call for a formal investigation or I would stop spreading malicious rumors. And I would be happy to personally participate in those formal investigations. I have nothing to hide.

According to comments made by Chairman Osl, the potential financial gain from this project is not just about the schools. The Countys economic development strategy developed last year includes a number of infrastructure projects in areas designated for growth or emergency services, a variety of other community services, and rural preservation.

There are 12 other items besides schools and every one of those items takes money to do. Thats why these are considered our phase two strategies. Phase one had to be finding funding for it to begin with. The proceeds from the landfill have never been just about the schools,said Chairman Osl. This has probably been the most open project to the public in Cumberlands history.

Absolutely yes, we will continue to have these dialogues…The process wont end here tonight no matter the outcome tonight, it will continue. I agree with that and I know other Board members will agree with that as well,Chairman Osl said during his concluding comments.

Planning and Zoning Administrator Ms. Catherine Kahl presented the Board with a descriptive overview and a timeline of events for all four of the proposals.

On October 10, a public hearing was held and that night the Planning Commission voted to recommend the approval of the resolutions to the Board of Supervisors,Ms. Kahl reminded the Board.

Later during her comments. Ms. Kahl mentioned that the Planning Commission wanted supervisors to address concerns regarding odor, noise, and animal waste before making a decision.

The total acreage is 1,214 and the applicant was requesting the rezoning of 844 acres. The location is south of Route 60 in Magisterial District Two. The area is currently zoned as a combination of A-2 (agricultural) and R-2 (rural residential). The rezoning is for 556 acres to be rezoned M-2 (industrial) with a conditional use permit. And 120 acres to be rezoned as M-2 (conditional) for the industrial access road, and also approximately 200 acres to be rezoned to permit the borrowing and excavation activities to be allowed in an A-2 (agricultural) zone.

Currently, the County Zoning Ordinance permits a non-hazardous solid waste landfill…only in a M-2 zoning district and only with a conditional use permit,said Ms. Kahl. The County Code currently does not permit borrowing and excavating activities in an agricultural zone or in any zone in the County. The applicant therefore asked that the code be amended to permit such activities, and once amended apply to the conditional use permit.

The resolutions were grouped together but they were voted on individually by the Board. The four applications were the amendment to the County Code to permit borrowing and excavating activities in an agricultural district, the rezoning case #08-06-01 submitted by the Cumberland County Land Development, LLC, (CCDC) the rezoning case #06-08-02 submitted by Obscurity Land Development, LLC, (OLD) and also the Conditional Use Permit #06-08-03 that was submitted by OLD.

Once again Allied Waste Project Development Manager Ted Neura gave a brief presentation before the decision was made. Neura did not offer any new or additional information during his comments, but only reiterated statements that have been made during previous meetings.

Speaking of questions, this process has generated a lot of them…There has been a lot of questions asked, a lot of meetings, and a lot of questions answered. And there have been a lot of emotions during this process. It is quite natural when you go through a project like this…We appreciate the sincerity that some people have had in trying to get their genuine concerns addressed,Neura said. Questions have ranged from, Who is Allied Waste? Are we capable? Are we a qualified operator?…To site selection, traffic, environmental protection…the liner system, odor control, assurances and guarantees. And of course property value protection.

According to Neura, Allied Waste has tried to keep the right operating restrictions in place, provide the right buffers, and provide a property value protection plan for those that are closest to the landfill site.

I think its a good program, but there are some people out there that still have concerns about that,Neura commented. I still have some talking to do with some folks.

District Two Supervisor Clifton White commented to fellow supervisors as well as the citizens of Cumberland during the public hearing. He spoke about the concerns he has for the citizens.

As we, both the Planning Commission and Board of Supervisors, have struggled with this most in your face example of a not in my back yardissue. I have been diligently working behind the scenes to offer those that will be most significantly impacted by such a decision in some manner… Those residents in closest proximity of the site selected for a commercial landfill in District Two will without question be more apt to some manner of inconvenience. Whether it is from noise from traffic and equipment operation…or financial distress, whether perceived or real, associated with property values than obviously the remainder of this county,said Supervisor White.

According to Whites comments, he has been in constant communication with Allied and others concerning the property protection program for the citizens that will offer a level of protection.

I do not believe that we or any elected body should make a decision that will negatively impact the financial situation of any specific group of citizens without some type of protection. True, a tax increase will uniformly impact all citizens proportionally, thus equally. But that is not the solution to fund the needed infrastructure and improvements for Cumberland,White declared.

We have from the beginning said…we needed money to, yes, build new schools that is by far the most significant high dollar need. But we also addressed the need for emergency services, for new fire trucks, to expand our needs for E911 coverage to allow communications from anywhere in this county. And paid emergency medical technicians (EMT) to supplement our wonderful volunteers on our rescue squad, the expansion of water and sewer lines for economic development purposes, technology improvements and high speed internet options…and thats just to mention a few,said White.

He concluded and proposed that the Board designate a group of seven-11 citizens comprised of residents from The Woods subdivision and the Goshen community, a representative from each other district, a representative from both the Planning Commission and the Board of Supervisors, and also one representative from Allied Waste.

This committee would determine an appropriate property value protection program and find ways to currently improve the program outlined in the Host Agreement between the County and the landfill.

I am not advocating that anyone receive any undue profit from such but simply to be made whole if and when the sale of their property proves to be at a loss to a pre-landfill sale,explained Supervisor White.

At the end of the scheduled meeting, Supervisors made a motion to schedule a Work Session on Monday, October 30 in the old Clerks Office. During the meeting the County Attorney and the Board will discuss the necessary documents needed in order to create such a committee.

Ms. Nancy Coxen said, I am against multi-state landfills, periodduring her opening remarks to the Board. Afterwards she addressed comments made previously about economic development in the County. She said, People are leaving because of the dump, so there will be no residential concentration.

Ms. Edith Brownright retired from New York and came to Cumberland County two years ago to research her familys genealogy. According to Ms. Brownright they were all farmers in Cartersville.

I ask you to consider why if New York doesnt want its garbage, why should small Cumberland take it. Yes, we need money and economic development but I ask you to consider your children and your future great-grandchildren,expressed Ms. Brownright.

According to comments made by one Dillwyn resident, Ms. Bessie Clements, the definition of dump in the Websters Dictionary reads a dull state of the mind. She later said, Maybe this is one of the problems, some people need to think long and hard about this.

Cartersville resident Bill Wright said, If we impose this dump on our neighbors and take the money to grow governmental services and buildings then we are violating the very principle that our Revolutionary Patriots fought for. It is not right to take property value from one party to benefit another without fair compensation to the damaged party.

Long-time resident of Cumberland County, Ms. Deloris Beuth told the Board, Youve noticed that the last few meetings Ive gone home. How much can citizens stand with what we have been through?…I dont care how you vote or what you do, there will never be a commercial landfill…Please keep the citizens in mind. I have told you from the beginning that there would be a fight…This is just the beginning. There will not be a landfill.

Miss Katelyn Mulleins, goes to Cumberland County High School and she spoke to the Board regarding the landfill and how it will impact the County.

I can assure you that many of us in this county are proud of you for what you have accomplished…You dont have easy jobs, thats for sure. Not only you, but the Planning Commission and School Board, have had to sit back and listen to strange stories and weird dreams…It is a known fact that my classmates who spoke during this whole ordeal showed more character and pride for our county. And did better research than anyone else that has approached this podium,said Miss Mulleins.

Ms. Carol Miller said, A lot of what we are talking about here, I think, is trust. I think what the Board is saying is that if we have not had time to do the same amount of research as they have then we need to trust them. Trust is a very important item in our lives. It needs to be earned. And it is very difficult to earn if it has been betrayed…Please think about the trust you are asking us to give you and dont do anything to violate that trust.

Residents Against Pollution (RAP) Co-Chairman Tim Kennell addressed the Board about his feelings regarding winners and losers during his comments.

The bottom line is either you are all the way in or you are in the way. Zoning A-2 land to M-2 property is a tremendous property…The fact is that a multi-state landfill in this county stinks,Kennell said.

Church Wood Land community member Ms. Emily Harris, after speaking with a friend earlier in the day, decided to speak before the Board. She said, I am going to move that this discussion be put to a referendum so that the citizens of Cumberland County have the opportunity to vote for this plan.

After the public hearing Chairman Osl addressed Ms. Harriss concerns about a referendum. According to the Chairman, in the State of Virginia there is an entire list of items that can be put to a referendum. But, landfills are not listed as a referendum item.

The answer is no. Its not a referendum item. The State laws state what is a referendum item and whats not,said Osl during his concluding comments.

Later Ms. Karen Mulleins spoke. I would like to commend you on our efforts to overcome that challenge. The not in my back yardmind set is obvious in many rural communities…You have gone above and beyond in your efforts to educate the community and provide opportunities to involve them in every step of this very rigorous process,she said about the Boards challenging role.

During the public comments segment, the Board heard from citizens who had positive remarks, who debated the issue fairly, and those who made inappropriate comments.

In response, Wilson Shores said, I would like to apologize for some of the remarks that have been made tonight that were totally unnecessary. I dont know why they are so upset about something; this is the most wasteful country in the whole wide world. We throw billions and billions of tons of garbage away…But they are totally willing to dump it into someone elses county.

According to Joe Hazlegrove Jr., he sat on a commission 17 years ago for Cumberland County to decide whether a landfill was a good decision.

He said, during that time he concluded that the landfill operation was a safe and sound economic proposal. My opinion remains the same today,said Hazlegrove.

Henry Marsh, Virginia State Senator and legal representative from Hill, Tucker, & Marsh law firm for RAP, spoke to Supervisors also during the public comment segment.

You can see it from close up and far away…The dump will provide business and emotional barriers to the citizens of this county,said Marsh.

The first to speak was Supervisor Van Petty. Petty addressed the fact that the landfill was not a casual thing. According to him, the Board knew what they would be getting into when they decided to bring the idea of a landfill to the public.

We have had personal attacks on our character and as individuals weve been talked about. As long as people are talking the issues I can talk to them. But when you start hurling the insults, you know its no way to respond to those insinuations. If you want to talk issues, lets talk. But if you want to just throw insults, I am not into that, or into reciprocating additional insults,said Petty.

Supervisor Elbert Womack said, Some of the accusations that were made tonight were inappropriate…But I have listened attentively to the people that are for the landfill and to the people who are against the landfill. I respect both of you…But there is one fact, and we need finances for this county. And we cannot get those finances off of the property owners. That will just destroy the County. Youll end up driving people like me, which is a farmer, into subdividing. Yes, I support the rezoning for the landfill.

Ms. Christine Curry Ross has only sat on the Board since May for District Five. During the supervisorscomments she mentioned that she is very interested in gathering everyones opinion.

One of the things that has become very clear to me, as a member of the Board of Supervisors, is all the things that need to be addressed as soon as possible, if not ten years ago… And because we have put them off and put them off we have a dam ready to break. And when it does there will not be any funding there if we dont do something,expressed Ms. Curry Ross.

Later, Supervisor White said, This is just not a second district issue…A lot of people dont understand that. Also, he addressed how some citizens say they believe that the problem cannot be fixed in one four year term. White responded, Experience shows, that in Cumberland County a Board only gets one four-year term. So, we are looking at setting forth a manner in which this county can be ready to grow.

According to comments made by White, there will be a Cumberland County employee at the landfill site at all times.

One individual cannot work 12 hours a day six days a week. We understand that. If you think about the way we set that up two $40,000 employees and a $20,000 employee to allow the other two to get some time off is what we are looking at. Those people report to us, not to Allied. And they will have access to all the trucks that come in, and can stand on the tipper and tell us what they see being dumped. And can have the authority to stop what is going on,White said.

Chairman Osl ended the Boards comments, Well vote it up or well vote it down. But there is no sense in letting the issue lay out there…just move on.

Later Osl addressed one question raised by a Cumberland citizen and derogatory comments.

After one resident asked about the citizens who are in favor of the landfill, and why so many of them are not at the meetings, Chairman Osl responded, They have been run away.

According to the Chairman, they dont feel like fighting against their neighbors. But that these citizens who are in support of the landfill call Board members and let them know how they feel.

When I hear those (derogatory comments), one, I am disappointed with the citizens of Cumberland County. What it also tells me is, there are people not willing and not capable to debate on the issue. I am happy to debate the issue. When you resort to name calling and derogatory comments you tell me that you are out of ideas and you dont have other ways to debate the issue anymore,concluded Chairman Osl.

CUMBERLAND According to a memorandum filed on September 19 in the Clerks Office of the Circuit Court of Cumberland County, Republic Services of Virginia, LLC gave notice of Lis Pendens to American Timberland, LLC.

Lis Pendens according to one legal definition is Latin for a suit pending. And is a written notice to all parties involved that a lawsuit has been filed which concerns the title to real property or some interest in that real property.

This action gives notice to the defendant who owns real estate that there is a claim on the property. It also informs the general public.

According to another definition, this action makes the property less attractive to a buyer or lender. After the notice is filed, anyone who purchases the land or property described in the notice is subject to the ultimate decision of the lawsuit,according to one legal definition.

The lawsuit filed in the Circuit Court is Republic Services of Virginia, LLC v. American Timberland LLC.

Republics principle business is solid waste collection, transfer, recycling and disposal services, including the acquisition, operation and management of solid waste management facilities,according to the issued complaint. And Timberlands primary business is the management, maintenance, and harvesting of timber on real property owned or controlled by Timberland.

Simon H. Bloom, attorney for Powell Goldstein, LLC in Atlanta represents Senior Vice President of Regions Bank, Manager of American Timberland Ms. Joyce Niggley and Vice President of Cumberland County Land Development, LLC James Zieche.

Bloom specializes in eminent domain, land use, landlord-tenant, broker, title, and all variety of real property disputes.

When asked by The Herald about the pending lawsuit involving his clients Bloom said, Republic is suing American (and) asking the court to stop American from consummating its land transactions with Allied. That is the very basics.

The only thing that the lawsuit does is it potentially impacts Americans ability to sell the land to Allied. If Republic wins and they convince the judge to block the sale from American and Allied then Allied will not be able to do the landfill on the property that is currently identified,Bloom said. I dont think that is going to happen. There is no legal basis for the judge to stop the sale. But that is what Republic is asking the court to do.

According to Bloom, a court date has not been set yet and that the cause for the suit is because, Republic is saying that American is breaching the contract between Republic and American.

The documents provided outline that American Timberland owns tracts of land in Cumberland that total 1,141.48 acres, these acres of land are the subject of the lawsuit.

The property was being negotiated between Republic and American Timberland. According to the complaint, Republic disclosed that their intended use for the property was to be the operation of a solid waste management facility.

Republic agreed to pay the required premium if it purchased the property, according to the complaint.

The provision of the agreement that Republic is relying on is that American will not oppose Republics use or development of the property that they were discussing. That is what the contract says between American and Republic,Bloom said.

And they (Republic)_ are alleging that by American contracting to sell a different piece of property to Allied that someway constitutes opposition to Republics use or development of the property. Even though Republic has never had a permit, never had an agreement with the County, never had the green light or the go headby the County to do a landfill,explained Bloom.

During the scheduled Planning Commission Public Hearing on Tuesday night the lawsuit was addressed.

According to Allied Waste Project Development Manager Ted Neura, the land in question is not the same property as that being considered for the proposed landfill by the County.

The property referred to by Republic is closer to Frenchs Store Road and The Woods subdivision, according to Neura.

I really only have one word for it and we believe it is baseless. It is not a suit involving us or a complaint involving us. Republic was one of the individuals who also submitted a proposal to the County. The County went through an extensive selection process. We think this just reinforces the Board of Supervisorsdecision to select us as a proffered provider,said Neura during the public hearing.

Also, Allied Wastes Counselor Meade Spotts with Spotts and Fain law firm of Richmond also commented to the Commission about the lawsuit.

In this case it is easy to note that they did not ask for a conjunctive relief, which would stop the project or the sale from moving forward…As Ted has pointed out the land they have mentioned is not the same land,said Spotts.

He concluded by stating, As a history of Virginia the courts tend to uphold a lis pending, meaning stopping property, only when plaintiff has specific interest in that property. And Allied has not been made a party of this party.

After comments were heard from Allied Waste, Planning Commission Chairman Parker Wheeler asked County Attorney Howard Estes also to comment on the lawsuit.

County Attorney Estes explained to Planners that, The County has not been made a party. There was a question and comment during the public hearing regarding whether or not the ownership interest in Allied through CCDC was a legitimate party before you. And while we were here we did check. There is a notice of a legitimate application filed.

In response to questions brought forth by The Herald regarding the lawsuit, Planning and Zoning Administrator Ms. Catherine Kahl said, I have heard that these things would be happening but I just didnt know specifically when. I think this is probably par-for-the-coursewith a project like this.

CUMBERLAND During Tuesday nights public hearing, Planners passed the motions made to accept the three rezoning applications. Now the applications for the proposed commercial landfill will travel to the County Board of Supervisors for a final vote.

The Planning Commission approved the amendment to the County Code regarding borrowing and excavating in an A-2 (Agriculture) zone, and the two rezoning applications and conditional use permits submitted by the subsidiaries of Allied Waste North America.

Planning and Zoning Administrator Ms. Catherine Kahl gave a staff update that included a timeline of events that have led up to the consideration of the rezoning applications. The applications have been before Planners since the beginning of August. They were submitted by Cumberland County Land Development, LLC and Obscurity Land Development, LLC.

Shortly after receiving the applications, the Planning Commission made a visit to the Brunswick County landfill facility, also operated by Allied.

The Commission originally scheduled the public hearing for Monday, September 18, but due to an amendment by the applicant it was postponed. The amendment called for a shift of the access road westward and the inclusion of a 300-foot buffer between the landfill and The Woods subdivision.

Currently, it (total property) is zoned A-2 (agricultural) and R-2 (residential). The proposed rezoning is for approximately 557 acres for a M-2( (industrial) conditional use permit, 120 acres for a M-2 (industrial) conditional use for the access road, and approximately 200 acres to remain agricultural for borrowing,Ms. Kahl said. The County Code currently does not allow for borrowing and excavating activities in agriculture areas, hence the applicant is asking that the County Code be amended to permit such activities in an agriculture zoning district.

To review, the total property is 1,214 acres and the area that will be rezoned is 884 acres and is located south of Route 60 in Magisterial District 2.

Project Development Manager Ted Neura briefly spoke during the hearing. Neura started off by thanking the Commission for their time and consideration of the applications.

What we have presented shows that the land is suitable and accessible. We presented on how the environment was going to be protected, about the liner, and the composite cap system. Also, we discussed was the economic value that will be added to the community as a result of this project,Neura said.

After comments were made Neura asked Allied Wastes counselor to speak. Meade Spotts, with Spotts & Fain law firm of Richmond, read four items to the Planners concerning the steps that have been taken by Allied Waste throughout the process of the project.

Spotts concluded by stating that the items are already in the possession of the County, but that he was resubmitting them so that they would be read into the record.

We have had a long journey to get to where we are tonight. Were at the point where it is decision time and the ball is in our court…We have reviewed a lot…a lot…of stuff. We have read and looked over and read again…We have listened to the public and we have listened to each other. And we have listened to the public again tonight…At this time I guess it is time to put down our pencils, stop listening, and go one way or the other,said Planning Commission Chairman Parker Wheeler.

The first resolution voted on by the Commission was the amendment to the County Code regarding borrowing areas. The resolution states that the borrowing activities for excavation, relocation, and stock piling of cover, clay, sand, gravel, and other soil areas is consistent with the Comprehensive Plan. After hearing the resolution, Planners voted unanimously to recommend the amendment of the Countys Zoning Ordinance to the Board of Supervisors.

Afterwards, the Commission was read the resolution recommendation for the rezoning and conditional use permit application (#06-08-1) requested by Cumberland County Development Company, LLC by County Attorney Estes. After a motion was made and discussions were heard the Commission voted. The motion carried on a six to one vote.

Next, County Attorney Estes read the resolution recommendation for the conditional rezoning application (#06-08-2) and also the recommendation for a conditional use permit (#06-08-3) requested by Obscurity Land Development, LLC. Both resolutions passed on a six to one vote.

Throughout the voting process Planners made recommendations for the Board of Supervisors to consider regarding the applications submitted by Allied Wastes subsidiaries.

Some of those recommendations include revisiting the Host Agreement concerning the amount of money provided in order to pay a county employee to monitor the landfill, and needing more discussion regarding odor control and noise requirements.

Before the Planners voted on the three rezoning applications and conditional use permit application, the Commission heard comments from many citizens in and around Cumberland County.

One resident of the village, Connie Pepper asked the Commission to vote yes and later said, I have talked with several residents that live very close to the old landfill. And all of these people have told me that they have never had any reason to even notice that landfill nor have they ever smelled it. The citizens of the County will barely even know the landfill is here.

Fred Shumaker, a resident of Cartersville, voiced his concern about other infrastructures being located in the County.

We have no infrastructure, minimum water, no sewage, no tax base, and a 37 percent illiteracy rate, in other words no skilled labor market. We dont have what it takes to support a Wal-Mart or Food Lion, let alone something like Motorola who needs one million gallons of portable water a day,Shumaker said.

Shumaker also said during his comments that he encourages anyone to travel to western Henrico County.

I encourage anyone to travel to western Henrico. There is a little place called Innsbrook, its an upscale business park and home to corporate giants…and then we have the Dominion Club, its one of the premier golf courses in the state of Virginia. All of these places are built adjacent to the Henrico County landfill…They have no better buffer zones that what we are being offered at our landfill,explained Shumaker. And concluded by saying that many opportunities have been turned down in the past.

Please start thinking about the greater good of this county. We in this county are so far behind were still fighting the Indians, so lets move out of the dark ages,Shumaker said.

Later during the public comments segment, The Woods subdivision resident, Ms. Janet Habel, said that she does not understand why the wetland behind the subdivision has not been considered. Afterwards, she mentioned that there is a large group of children who wait for the bus at the entrance to the subdivision on Route 60. According to Ms. Habel, the bus stop needs to be considered by Planners before they make a decision regarding the potential landfill.

Tim Kennell spoke and drew the Commissions attention to the pending lawsuit filed between Republic Services LLC of Virginia and American Timberland LLC.

I respectfully submit that this meeting and public hearing be postponed until such time to allow the Planning Commission time to determine if Obscurity and Cumberland County Development Company do indeed hold the land purchase right…,said Kennell.

Cumberland County School Superintendent Jim Thornton also addressed the Commission during the comments segment. To begin, he said that he thanked the Planners for their time that has been spent and also urged the Commission to approve the rezoning.

I have listened to many members of the Board of Supervisors and Planning Commission say that they would love to build new schools but…but…and but…The but is about the money,said Thornton. Ive seen a building condemned and Ive seen teachers teach children in classrooms that were designed in the 1930s and 1960s. It is 2006 and were trying to prepare our children for a global economy in buildings that were designed back in the industrial age.

Later Thornton said, Yes, a tax increase will pay for the schools. But there are more than just schools on the line with this project…I have listened to the danger of such a landfill, yet cannot find any documentation where a Subtitle D landfill either has ever leaked or is an environmental hazard.

Cumberland resident Carol Wright said, My dreams are haunted by the picture of hundreds of 25 ton trash trucks roaring into the peaceful morning in Central Virginias agricultural heartland…Enough is enough, Virginia does not need another interstate landfill.

According to Cartersville resident Randy Bryant, he hears trucks everyday where he lives. And if the wind is blowing from west to east he smells a smell and it is not a landfill.

If there was acceptable land and roads to support the traffic in my area I would be one to stand up and say that I would take the landfill behind my house,said Bryant.

Bryant went on to mention a discussion he had with his grandfather while in high school.

The discussion was about The New Dealinitiated by President Franklin D. Roosevelt.

This was during the Depression and it allowed a better way of life for people…And it got people out of the soup line. People grew to understand that it was the right thing to do. That is how I feel about this landfill, it is the right thing to do. It will get Cumberland out of the soup line and head them down the right road. It will better everyone in the County. I would like to go on record as saying that I am in favor of it,explained Bryant.

Long time Cumberland resident Penny Baber said, I wasnt going to say this, but there have been a couple of comments about people volunteering. If you give me this permit I would be tickled to death to put this landfill in for you. But the one condition I want to be able to keep my house close enough to see the money coming in.

Bill Wright said he has had experience in this field and was one of many residents who also spoke during the hearing.

As a petroleum engineer I have drilled wells in dumps, processed the gas in garbage water, and generated the electricity for sale. It is not pretty work,said Wright. No one should have to live next to a dump.

Cumberland County High School Principle Larry Bryan addressed the Planners by stating that although he is a resident of Buckingham County he has an invested interest in Cumberland. Bryan grew up in Cumberland and believes his roots still lie in the County.

The issue of the landfill is an emotional one, up-front and in your face type of emotion. But the issue of the conditions of our middle and high school is also an emotional one. One that takes a toll on our youth over time,Bryan said.

New Cumberland resident Virginia Howenburger just moved from North Carolina. And according to Ms. Howenburger, she lives next to where the proposed road will be for the landfill.

Here is my problem, I am severely allergic to formaldehyde which is one of the gases that will be emitted at the landfill site. I cannot breath…and this landfill is going to be directly next to me. I dont know what else to do,Ms. Howenburger.

She also said to the Commission, Must I die for the school system? Does one person, one, not matter? I really dont really want to die…How do you consider that volatile organic compounds are coming out right next to my property?

Roger Hatcher lives on Putney Road in Cumberland County and has worked for 30 years in waste management and spoke during the public hearing.

We as citizens have obligations. I prefer actually to have the waste from Maryland rather than the people from Maryland move into Cumberland County. I support the rural land just like some speakers here tonight. I think its an opportunity to keep our county rural. And I think we can take advantage of the dense population. And take advantage of the factories that produce problems in other locations…And keep our land. This is a small imposition, not for the people who are immediately adjacent to it. Its a big imposition for those people. But so is any development…But, to the county as a whole it is a very beneficial enterprise,said Hatcher.

After all public comments were heard from citizens. Planners took the opportunity to address several concerns regarding the potential landfill and the rezoning applications.

There was reference to a superfund site. Just so you know a municipal landfill, the ingredients going into the proposed landfill even if it leaked, wouldnt be a superfund site. There is no medical waste or toxic waste going in there,said Smook. Under that liner is 18 inches of compacted clay. So I think from a safety standpoint the technology is far better what was in my mind when the whole discussion began. As far as living near a landfill, I grew up one mile from a landfill that was closed. A closed landfill can make a good neighbor. The property doesnt suffer for that.

Commission member Bill Burger made comments regarding how questions concerning what will happen to the property values of those that are nearby the proposed landfill.

I do not know of any other area in this county that has the concentration of heavy commercial types of industry that this area does…True anytime we look at a M-2 rezoning you are going to impact some people, this is a given and we have recognized that. As far as roads, Route 60 is the very best we have to offer,explained Commission member Ms. Irene Speas to the concerned citizens.

According to Vice Chairman Keith Oulie, animal waste is where most of the odor is generated in the open cell of a landfill.

Planners began the public hearing by asking the Countys Economic Developer Ms. Sherry Swinson to address comments that have been made previously in other meetings by citizens regarding why the County hasnt had the alternative of other large businesses.

Currently the demographics of this region, we only have 9,000 citizens that live in all of Cumberland County and as you well know we are spread out from a northern, southern, and central area…an elongated county. So its hard to serve people. And we have been contacted by a number that represent such businesses as Food Lion and they have looked at us and said call us in a couple years when you get more rooftops in,said Ms. Swinson. It is a delicate balance between residential and commercial growth and right now we just dont have that residential to support the commercial establishment.

Ms. Swinson later explained to citizens that, It takes an entire community to have a successful economic development program. Cumberland County is hindered by one major Route 60 going through it with two major branches of Route 45 going through it. But we have no major highways to attract very large businesses. Even Route 60 traffic counts that we have dont inspire businesses to locate there because they are just not going to serve enough customers…We have finally gotten the water system that should be operational by November 1 and that will help us draw some smaller businesses in. But until we get a couple of little residential areas coming in, for smaller businesses I think we are going to have a hard time.