Showing posts with label Rocket Boys. Show all posts
Showing posts with label Rocket Boys. Show all posts

Tuesday, September 14, 2010

Augusta County shuts down Rocket Boys ... court appeal continues

Complete 14-part series on the VAST Rocket Boys can be found here.

"Not in my backyard."

That's the mindset of some in western Augusta County even if the backyard consists of hundreds of acres of land. They just don't want the Valley AeroSpace Club to participate in rocket launches for reasons that have been shot down by many who also live in the area.

The trouble began in July 2009 when Augusta County notified land owner Bill Croft that a Special Use Permit (SUP) was necessary to continue model rocket launches on his 500-acre property in Swoope. A September Board of Zoning Appeals hearing denied the SUP leading to an appeal by the rocketry club.

VAST's president Chuck Neff has kept an updated legal time line at the VAST website.

The club was back in Augusta County court yesterday in a continuation of their appeal to the Board of Zoning Appeals in obtaining an SUP that was deemed "only routine" when an anonymous complaint was received concerning the family-friendly activity. Not one person ever complained to VAST or the landowner. However, the News Virginian reported the following:
Ten people spoke against the permit in September and Jeanne Hoffman, who lives near the launches, presented a petition of 100 names. Informed of the team’s appeal, Hoffman said she still feels their activities are not compatible to the agricultural area.

“I think it’s a great thing, but this is not the place to do it,” she said.

If not on 500 acres of land in the middle of a sparsely-populated area, then where?

In this rural area there is a need for activities for young people who often say they have nothing to do. "Cruisers" are discouraged from congregating in parking lots. Meth and drugs and gang related activities present concerns for law enforcement authorities as well as drunken parties with stabbings like the one reported by the Waynesboro News Virginian earlier this year.

The latest from yesterday's hearing can be read at the News Virginian, all the background can be read in a 14-part SWAC Girl series, and the legal time line kept by Chuck Neff can be found at the VAST website.

On online petition is available to support the VAST Rocket Boys.

Friday, August 06, 2010

Augusta County shuts down Rocket Boys ... part 14: Dreams of space

Part 14: Dreams of space ... Augusta County shuts down Rocket Boys

(Updated 8/6/10: Augusta Board of Zoning Appeals approves paraglider ... now could they re-do the Rocket Boys case?)

(Updated 9/26/10:  Highland County opens its doors to VAST)

Part 1 ... October Sky
Part 2 ... Who is VAST?
Part 3 ... What is agri-tourism?
Part 4 ... Francis Chester
Part 5 ... Launch location -- Croft Field
Part 6 ... How it began ... anonymous complaint
Part 7 ... "It's only a formality"
Part 8 ... VAST prepares for BZA meeting
Part 9 ... VAST presents case to BZA meeting
Part 10 ... VAST denied Special Use Permit
Part 11 ... Augusta County denies BZA hearing tapes
Part 12 ... The legal case begins
Part 13 ... Community reaction
Part 14 ... Dreams of space

Remember the movie October Sky that told the true story of Homer Hickam of West Virginia, a coal miner's son who was intrigued by the Soviet Sputnik satellite in the 1950s that streaked across the October sky?

That incident inspired Homer to study rocketry, win a science contest, go away to college, and eventually earn his Ph.D. and become a NASA scientist. And it all began when he and his friends put together and launched model rockets even though some of the town people tried to shut them down.

Just imagine ... in Augusta County there is a new generation of Rocket Boys who could be future NASA scientists, much like Homer.

And in western Augusta County with its large tracts of land, there appears to be the perfect place for a local rocket club to teach science in the wide open spaces, smack in the middle of 500 acres of land, isolated from surrounding properties. But you would be wrong.

This series looks into the background of a group of boys and adult volunteers who were blindsided by an anonymous complaint that brought the government into what should have been a recreational, educational activity in the middle of a 500-acre farm field void of government involvement.

It looks into Augusta County's desire to cultivate agri-tourism, and Del. Steve Landes' agri-tourism bill that passed this year's General Assembly, and questions the fairness of the decision of who can participate in agri-tourism ... and who can't.

And it looks at community reaction ... questions that have been brought up by county citizens who wonder if they will be next by what is perceived as an overbearing Big Government mentality.

I had not seen the movie October Sky for a number of years so checked it out of the Churchville Library to once again get the feel of students who dream ... and the adults who nurture those dreams. In the movie, one adult who encouraged Homer was his teacher Miss Riley who died at age 31 of Hodgkin's Disease but not before she planted the seed for him to look beyond the coal mines and pursue his dreams of space.

In Augusta County, we hope to one day see local dreams played out once again, and we hope the Rocket Boys are allowed to again fly the skies of western Virginia.

Feedback about this series is welcomed.

Related stories:
- SWAC Girl: Del. Landes' agri-tourism bill passes House
- WHSV TV-3: Agritourism Brings Boost for Augusta County
- NBC 29: Rocketry club goes to court to get permit
- Staunton News Leader: Sparring launches in rocket case
- Staunton NL: Rocket club grounded
- Staunton NL: Aerospace Team may scratch launches
- Staunton NL: Why can't we give rocket club a chance?
- Staunton NL: Zoning board denies permit for rocketry club
- Waynesboro News Virginian: Throttle up: Rocketry appeal heats up
- Waynesboro NV: Zoning board denies liftoff of Swoope rockets
Update: WVTF Public Radio news story - 4/7/10
- Waynesboro NV: Go for launch - 9/25/10
- SWAC Girl: Are the skies friendlier in Highland than Augusta for the Rocket Boys? - 9/26/10


Other bloggers write about Rocket Boys:
- Yankee Phil: Local boys trying to be good ... denied in Augusta County
- Yankee Phil: More info on ... Local boys trying to be good ... denied in Augusta County
- The Journey: No rockets on company property
- Virginia Virtucon
- StrictlyVA
- The Journey: His neighbors didn't like rockets either

Paraglider approved ... now could they redo the Rocket Boys case?

When neighbors protested the idea of a paraglider being launched from a nearby farm, they protested by saying it would scare the livestock. A demonstration for the Board of Zoning Appeals on the property Thursday proved the horses not only were not scared but never stopped eating as the paraglider took off. A Special Use Permit was granted to retired FBI agent Drew Richardson.

One reason given last summer for shutting down the Rocket Boys was that the rockets scared cattle on nearby farms even though the rockets were launched in a 500-acre field. Did the Board of Zoning Appeals drive out to see for themselves if the cows were spooked? Maybe that case could be reheard and the boys given the opportunity to once again practice rocketry in the wide-open spaces of western Augusta County....

Tuesday, May 11, 2010

Landowner files lawsuit against Augusta County charging violation of open meeting laws

~Citizen concerned about sense of secrecy~

Yet another lawsuit has been filed against Augusta County, this time from a private landowner whose property value increased in 2009 and who has accused the county of failing to conduct open meetings and failing to record minutes and votes.

Thomas Cline of Fort Defiance raised many questions, perhaps one of the most startling being the lack of record keeping and what he described as a sense of secrecy coming from the Government Center. From the Waynesboro News Virginia:
He learned that neighbors had prompted the board to review his property, but when he tried to find out who spoke up, and then tried to review prior meetings to learn how homeowners contested increases, Commissioner of the Revenue Jean Shrewsbury told him there were no minutes, Cline said.

“That didn’t seem right,” he said.

Shrewsbury was on vacation and unavailable for comment Monday, officials said.

Cline, put on edge by the secrecy he sensed, arrived early for his hearing and found the meeting room door closed with a note for people to wait outside until they were called.

Once inside, Cline said he asked about meeting minutes, but was rebuked and told to stick to presenting his case. “‘We’re not here to be interrogated,’” Cline said board officials told him. Within minutes, Cline was back in the hallway.

The board had not voted.

“No discussion, no vote in our presence,” he said. “We were not made to feel like we were welcome to stay there.”

Cline later showed officials an Attorney General’s opinion about meeting minutes and law code sections pertaining to the board.

Met with more walls and “attitude,” Cline moved to litigation, he said.

“Cost is not the point,” he said. “I tried to work it out with them before filing.”
Interestingly, thousands protested the 2009 reassessments when 10,500 Augusta County residents signed petitions requesting the Board of Supervisors and Commissioner of the Revenue Jean Shrewsbury to roll back what many felt were outrageously inflated real estate assessments. The largest crowd in history, over 1,000 residents, attended a March 2009 Board of Supervisors meeting addressing the assessments.

Others have run into issues with the Government Center over lack of minutes or recorded minutes concerning meetings. In the Rocket Boy case, now under appeal in Augusta County, a request for the audio tape minutes from a Board of Zoning Appeals meeting was denied and a hard copy version was found to have numerous inaccuracies and omissions. When the Rocket Boys pressed for the audio tape so direct comparisons could be made, they were denied by the county.

Read more about Mr. Cline's lawsuit against Augusta County.

Monday, April 19, 2010

Augusta County "Rocket Boy" case covered by WVTF public radio

In the summer of 2009, Augusta County government shut down VAST, a local rocket club that offered a safe, family-friendly activity for local young people. Led by VAST President Chuck Neff and other responsible adults, it was an activity geared to science and math at a time when many are concerned about our youth's involvement in drugs, gangs, smoking, and drinking.

After being shut down by the county which then denied a special use permit (something the club had been told was "merely a formality"), VAST sued Augusta County. The lawsuit is currently awaiting action from the court.

Last week WVTF public radio picked up the story, concentrating on Staunton's R.E. Lee High School rocketry club. In the past, as participants in national rocketry competitions, the club had prepared by launching test flights at Croft Field under the watchful eye of VAST. The field is located in the middle of 500 open acres in sparsely-populated western Augusta County.

This year, because the use of Croft Field has been barred by Augusta County authorities, the school's rocketry club has had to prepare for the national competition by launching test flights from their adviser's back yard which is surrounded by trees. The few launches that have occurred have resulted in lost rockets, a rocket stuck in a tree, and other issues not encountered in the wide open spaces of western Augusta.

The 2010 rocket competition challenge requires the launching of an egg and returning it to earth uncracked. With limited opportunities available to perfect the launch, the club may not win this year.

Listen to WVTF's story about Augusta County's Rocket Boys here. Read the entire "Rocket Boy" series here.

Sunday, April 18, 2010

Frost on the red buds ... Riverfest in Waynesboro

Brrr. This morning was 28 degrees with frost ... a fire is crackling in the woodstove to ward off the chill. The central Shenandoah Valley's safe frost date isn't until May 15 so we still have a month to go. Still, it's sometimes easy to forget with all the nice weather we've enjoyed this spring. The grass is green, the tree leaves have really popped the past week, and the mountains are greening for the season with only the highest ridges still waiting for the spring leaf canopy.

Driving through beautiful Virginia ... SWAC Husband, SWAC Daughter, and I drove to Roanoke Saturday afternoon ... the red buds in their hues of pink and purple blooming along the interstate were gorgeous. They had been joined the past week by blooming dogwood and catawba trees, splashes of white and purple along the roads and on mountainsides, a reminder of the beautiful place we call home.

A further reminder of how fortunate we are to live in Virginia was a message Saturday evening from a fellow blogger who lives at Virginia Beach and was heading out to take a sunset stroll on the beach alongside the mighty Atlantic Ocean. It's a reminder of lyrics from a John Denver song, "The moon and the stars are the same ones you see ... it's the same old sun up in the sky...."

Yesterday's SWAC conservative round table breakfast was truly enjoyable as we listened to Pastures Supervisor Tracy Pyles and his insight into the Board of Supervisors and the real estate assessment issue from the past year. Joining us was also attorney Francis Chester who has been sanctioned by the Augusta County government for his efforts to defend citizens. He helped as We the People turned in 10,500 signatures protesting overly inflated assessments at a time of recession ... 1,000 citizens showed up for a Board of Supervisors meeting in March 2009 to protest those assessments ... only 50 speakers from We the People were allowed to address the board at that time. We the People have representation in Supervisor Pyles and Attorney Chester.

Rocket Boys ... it was good to have Chuck Neff of the Augusta County Rocket Boy case at the SWAC breakfast with his wife. He is a scientist who wanted to share his talents and knowledge with those in the community interested in rocketry ... and then was shut down by Augusta County government. Read the entire series ... it's eye-opening. His group is being represented by Attorney Francis Chester.

Congrats to fellow SWAC bloggers on their Blog Net News/Virginia rankings ... Yankee Phil is # 1 this week and Fishersville Mike is # 4.

Riverfest will be next weekend in downtown Waynesboro on the South River with fly fishing, wine tasting, canoeing, crafts, musical entertainment, nature exhibits, plant sales, food vendors, and more. The weather is supposed to warm up all week so come out and enjoy the weather, the mountains, the people, and the hospitality of the central Shenandoah Valley.

Photo by SWAC Girl
Lynn Mitchell
April 2010

Monday, March 01, 2010

Augusta County's Rocket Boys launch court case

The Rocket Boys of the Valley Aerospace Team (VAST) gathered Saturday night at the Eidelweiss Restaurant in Greenville to enjoy German cuisine and hear the latest about their court case against Augusta County after being shut down by an anonymous complaint.

From NBC-29:
Members of the Valley Aerospace Team say they are seeking justice in their case against the county and ultimately the right to go back to their home base to continue their rocketry.

A snow covered 500-acre Croft Field in Swoope, near Staunton, had been home to the team until July. That is when the board of zoning appeals required the club to get a special use permit to continue lifting off. The club applied but the board denied the permit in September.

Club members say they have never had noise complaints and do not understand why the county is bringing their rockets to a standstill.

"It's just a hobby," said club President Chuck Neff. "We got together once a month in the middle of a farm field, a 500 acre farm field. The closest house, and there's only one, is 1800 feet away."

"This is a group of people, principally scientists that are aiding young children to become interested in the area of science," added the club's attorney Francis Chester. "And for the county of Augusta to reject their application, I think is ludicrous."

Chester believes the county's decision was based on politics and he is hoping the club will soon be able to use the field freely without restriction.
Video: Rocket Club Launches Court Case.

Read the entire series: Augusta County shuts down Rockets Boys.

Tuesday, February 16, 2010

Augusta County shuts down Rocket Boys ... 14: Dreams of space

Part 14: Dreams of space ... Augusta County shuts down Rocket Boys

Part 1 ... October Sky
Part 2 ... Who is VAST?
Part 3 ... What is agri-tourism?
Part 4 ... Francis Chester
Part 5 ... Launch location -- Croft Field
Part 6 ... How it began ... anonymous complaint
Part 7 ... "It's only a formality"
Part 8 ... VAST prepares for BZA meeting
Part 9 ... VAST presents case to BZA meeting
Part 10 ... VAST denied Special Use Permit
Part 11 ... Augusta County denies BZA hearing tapes
Part 12 ... The legal case begins
Part 13 ... Community reaction
Part 14 ... Dreams of space

Remember the movie October Sky that told the true story of Homer Hickam of West Virginia, a coal miner's son who was intrigued by the Soviet Sputnik satellite in the 1950s that streaked across the October sky?

That incident inspired Homer to study rocketry, win a science contest, go away to college, and eventually earn his Ph.D. and become a NASA scientist. And it all began when he and his friends put together and launched model rockets even though some of the town people tried to shut them down.

Just imagine ... in Augusta County there is a new generation of Rocket Boys who could be future NASA scientists, much like Homer.

And in western Augusta County with its large tracts of land, there appears to be the perfect place for a local rocket club to teach science in the wide open spaces, smack in the middle of 500 acres of land, isolated from surrounding properties. But you would be wrong.

This series looks into the background of a group of boys and adult volunteers who were blindsided by an anonymous complaint that brought the government into what should have been a recreational, educational activity in the middle of a 500-acre farm field void of government involvement.

It looks into Augusta County's desire to cultivate agri-tourism, and Del. Steve Landes' agri-tourism bill that passed this year's General Assembly, and questions the fairness of the decision of who can participate in agri-tourism ... and who can't.

And it looks at community reaction ... questions that have been brought up by county citizens who wonder if they will be next by what is perceived as an overbearing Big Government mentality.

I had not seen the movie October Sky for a number of years so checked it out of the Churchville Library to once again get the feel of students who dream ... and the adults who nurture those dreams. In the movie, one adult who encouraged Homer was his teacher Miss Riley who died at age 31 of Hodgkin's Disease but not before she planted the seed for him to look beyond the coal mines and pursue his dreams of space.

In Augusta County, we hope to one day see local dreams played out once again, and we hope the Rocket Boys are allowed to again fly the skies of western Virginia.

Feedback about this series is welcomed.

Related stories:
- SWAC Girl: Del. Landes' agri-tourism bill passes House
- WHSV TV-3: Agritourism Brings Boost for Augusta County
- NBC 29: Rocketry club goes to court to get permit
- Staunton News Leader: Sparring launches in rocket case
- Staunton NL: Rocket club grounded
- Staunton NL: Aerospace Team may scratch launches
- Staunton NL: Why can't we give rocket club a chance?
- Staunton NL: Zoning board denies permit for rocketry club
- Waynesboro News Virginian: Throttle up: Rocketry appeal heats up
- Waynesboro NV: Zoning board denies liftoff of Swoope rockets
Update: WVTF Public Radio news story - April 7, 2010

Other bloggers write about Rocket Boys:
- Yankee Phil: Local boys trying to be good ... denied in Augusta County
- Yankee Phil: More info on ... Local boys trying to be good ... denied in Augusta County
- The Journey: No rockets on company property
- Virginia Virtucon
- StrictlyVA
- The Journey: His neighbors didn't like rockets either

Monday, February 15, 2010

Augusta County shuts down Rocket Boys ... 13

Part 13: Community reaction

Please see background in previous posts:
-Part 1 (October Sky), 2 (Who is VAST?), 3 (What is agri-tourism?), 4 (Francis Chester), 5 (Launch location -- Croft Field), 6 (How it began ... anonymous complaint), 7 ("It's only a formality"), 8 (VAST prepares for BZA meeting), 9 (VAST presents case to BZA meeting), 10 (VAST denied Special Use Permit), 11 (Augusta County denies BZA hearing tapes), and 12 (The legal case begins).

The Rocket Boys aka Valley Aerospace Team (VAST) have been shut down in rural western Augusta County, Virginia, since the summer of 2009.

An anonymous complaint that was lodged with the county but never with the rocket club or land owner began a series of events that, although described as "only a formality" by the county, concluded with the Board of Zoning Appeals (BZA) denying a Special Use Permit (SUP) for the Rocket Boys to continue their family-friendly, educational activity.

The county has touted agri-tourism and even state Delegate Steve Landes had an agri-tourism bill pass in this year's Virginia General Assembly. However, agri-tourism in the form of rocketry apparently is not acceptable for Augusta County.

The only local attorney to take the case was Francis Chester (others reportedly were afraid of repercussions from the county ... Mr. Chester was sanctioned in December in the real estate assessment case representing 10,600 citizens pro bono against the county so perhaps other attorneys feared that would happen to them). He filed suit against the BZA and the case is currently pending before Judge Victor Ludwig of the Augusta County Circuit Court.

After the first installment of this Rocket Boys series, I received an email from an Augusta County citizen with some very interesting questions:
Glad to see the rocket club getting some air-time on your BLOG!!! Here's my question, why do you need a permit to persue a non-profit hobby on private property?

If I invite you over to target shoot, do I need a special use permit for a shooting range?!?!? If I have friends over for a weiner roast, do I need a special use permit for outdoor cooking? If a person who has horses invites friends over to ride, do they need a special use permit to operate a stable?
Then there were comments left on the blog. One was puzzled about the county's position in closing down local young people:
I simply don't understand the county's rationale for not letting them continue to lauch the rockets.
Another commenter said:
Back when the land next to us was undeveloped, my son and I shot off rockets right at home. It's actually a pretty safe activity. I don't see the problem, especially given the situation these people have.
There have been calls from folks in the community as well as "water cooler" conversation in groups throughout the SWAC area who do not understand how 500 acres of land could not be enough for an activity like rocket launching, and speculations about those who wield more influence with the Government Center than the everyday citizen.

I contacted Chuck Neff, President of the Valley Aerospace Team, who volunteers with the Rocket Boys to ask for a comment about what has been a frustrating episode in civics, politics, and government. Mr. Neff responded:
"I don't deny that the Board of Zoning Appeals has a difficult task to perform. I do feel, however, that they should be held accountable for their decisions and be expected to perform their duties in a consistent manner.

"This denial was not just a failure of the BZA. The County staff tasked with researching land uses and making recommendations to the Board also failed. How could they raise issues about public safety, noise, and traffic when they knew nothing about our events or the hobby itself?

"We submitted lots of evidence on the excellent safety history of our hobby yet it was not reflected in their report. We held one event (with the Zoning Administrators permission) after the submission of our application(and before the public hearing) in which any of the staff or BZA members could've attended and witnessed first-hand what goes on. Did anyone bother to check us out? Nope!

"We presented the same information about our activities directly to the Board during the public meeting. Why was it again ignored?

"The area where our launch activities occured (Swoope) has one of the lowest population densities in the County. If our activities are not appropriate there, where would be? We do not alter the land whatsoever nor do we affect the current land use. It's still a pasture. Why didn't they table the request as they had done with other requests at previous hearings in order to gather more data or to witness events first-hand?

"I think the answers are obvious. The Board of Zoning Appeals has become accustomed to no one questioning their decisions. They've been forcing their will upon all who have become before them for many years now. VAST refuses to be one of their victims and in the end, I'm confident that justice will prevail and rockets will again soar in the sky over Swoope, the jewel of Augusta County."
"Justice will prevail...."

When a decision has been made by Judge Ludwig, it will be reported here. Until then, the skies are quiet over the rolling hills in the isolated farmland of western Augusta County, and a group of young boys are not allowed to participate in a hobby they love. The Rocket Boys have been silenced.

Saturday, February 13, 2010

Del. Landes' agri-tourism bill passes House

Augusta County's Del. Steve Landes (R-25th House) has seen his agri-tourism bill, designed to promote rural business and expand opportunities for farmers, pass the House:

House Bill 582 related to the expansion and promotion of agricultural opportunities and sponsored by Del. R. Steven Landes, R-Weyers Cave, continues his goal of helping small businesses and in particular farmers in the rural areas of our state.

“After a constituent approached me regarding many ideas and suggestions to promote agri-tourism, I decided to submit two bills to promote agri-tourism and farm businesses” Landes said. “Receiving input from a number of interested organizations, the ideas were incorporated in HB 582 to move forward through the legislative process.”

House Bill 583, related to farm businesses, was stricken from the docket after it was decided to incorporate some of its language into HB 582 and move forward with one bill.

The legislation adds responsibility to the Center for Rural Virginia (CRV) to help create a rural enterprise opportunity task force to develop strategies that will promote economic opportunities of the agricultural industry throughout the Commonwealth.

The task force will be made of representatives from the Virginia Farm Bureau, the Virginia Agribusiness Council, the Virginia Department of Agriculture and Consumer Services, the Virginia Association of Counties, and the Virginia Chapter of the American Planning Association, plus at least one owner of a farm business or rural enterprise interested in expanding economic opportunities. Landes is Vice Chairman of the Board of Trustees for CRV.

The task force will have to consider issues related to the expansion of farm businesses and rural enterprises to include such items as local ordinances and laws/regulations that may be unreasonably restrictive, new approaches for these farm businesses with consideration given to preserving the rural character of the surrounding area, best management practices, tax and regulatory incentives, plus other issues deemed relevant by the task force.

The work of the task force will be completed and provide recommendations by November 2010, to the chairmen of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation, and Natural Resources.

The bill was reported from the Agriculture, Chesapeake, and Natural Resources Committee on a 22-0 vote and has passed the House on a block vote of 99-0.

Augusta County has expressed an interest in increasing agri-tourism. However, the county's recent denial of a Special Use Permit from the Board of Zoning Appeals for VAST, a local rocketry club, brings into question the fairness of deciding who is allowed to participate in agri-tourism and who is not.

Saturday, February 06, 2010

Augusta County shuts down Rocket Boys ... 11

Part 11: Augusta County refuses to provide tapes of BZA hearing

See part 1, 2, 3, 4, 5, 6, 7, 8, 9, 10

After Augusta County's Board of Zoning Appeals voted against providing the never-before-mentioned Special Use Permit, suggested by the county as "just a formality," to VAST, the club set about to try and understand why the denial.

As mentioned before, scientists take meticulous notes. A week after the hearing, VAST requested a copy of the audio tapes recorded during the BZA meeting. They were denied access to the tapes because, according to VAST's notes, the tapes were not for public use. A transcript of the meeting was not available because the staff member reponsible for that was on vacation. We pick up VAST's legal timeline:
13. September 9, 2009 - VAST requests a copy of the audio tapes recorded during the BZA meeting.
a. The County denies VAST access to the tapes saying they're not for public use.

b. The meeting transcripts are not available yet due to the responsible staff member being on vacation.
14. September 12, 2009 - VAST receives an official SUP Denial Letter from County by mail.
a. No explanation for the denial is given.

b. VAST is notified of the thirty (30) day appeal deadline, which corresponds to October 2, 2009.
15. September 12, 2009 - VAST holds a membership meeting to discuss options.
a. The Pros and Cons of appealing the BZA decision are discussed.

b. All members present vote unanimously to move forward with appeal process.

c. A VAST Legal Fund collection is authorized and initiated.
16. September 18, 2009 - VAST contacts the County again regarding the BZA meeting transcripts.
a. Transcripts are still not available due to the vacationing staff member.

b. VAST asks how an appeal assessment is expected to be made without any official rationale from the BZA for their decision.
17. September 14 to September 25, 2009 - VAST consults with many attorneys.
a. Over thirty (30) local and non-local attorneys are contacted.

b. Several recuse themselves due to conflicts of interest with the County.

c. Some are not interested in taking on the County out of fear of repercussions.

d. Numerous require hefty retainers and/or charge excessive hourly fees.

e. Others simply do not have experience with land use law.
18. September 28, 2009 - VAST retains a local attorney, Mr. Francis Chester of Churchville, Virginia.
Is Francis Chester the only attorney willing to defend local citizens in cases against Augusta County?

The Rocket Boys were ready to go to court to stand up to what they felt was an unjust denial of their request to continue launching rockets in rural western Augusta County with permission from the landowner on 500 acres of land.

However, they were having difficulty obtaining necessary documentation from Augusta County, documentation that was necessary in order to make the appeal process that had a 30-day deadline imposed by the county. As of September 18, transcripts of the September 3rd BZA hearing were still not available to VAST.

Next -- Part 12: The legal case begins

Thursday, February 04, 2010

Augusta County shuts down Rocket Boys ... 9

Part 9: VAST presents case to Augusta County Board of Zoning Appeals

See part 1, 2, 3, 4, 5, 6, 7, 8.

On September 3, 2009, the Valley Aerospace Team members attended an Augusta County Board of Zoning Appeals hearing at the Augusta Government Center at 1:30 pm. The VAST timeline lays out the proceedings:
12. September 3, 2009 - VAST members assemble at the Augusta County Government Center at 1:30pm for the BZA meeting.
a. In addition to four (4) VAST BoD members, at least six (6) other VAST members are present. The landowner (Mr. Croft), two (2) local school teachers, the farmer who leases and farms a portion of the property (Mr. Schooley), and several others who had attended launches are also present to support us. Unfortunately, since the meeting starts at 1:30 pm during a school day, VAST's many youth members and supporters are unable to attend.

b. A total of eight (8) SUP applications are on the agenda. VAST is scheduled as #7 to be heard. The first six permits are decided upon within the first hour. VAST starts its presentation at 2:30 pm.

c. VAST gives an excellent presentation (which deals primarily with the issues raised in the staff report) and it appears to be well received by the Board. They ask lots of questions (for which VAST has the answers) and seem genuinely fascinated by VAST's activity. The only negative aspect the Board mentions is they feel VAST should have done a better job of communicating with the neighboring owners. VAST agrees and apologizes for not properly contacting the adjacent property owners.

d. VAST has numerous people speak on its behalf. Everyone does a great job pointing out the hobby's excellent and unparalleled safety history as well as the obvious educational values. They also express how family oriented VAST's activities are.

e. A number of people speak in opposition to VAST's request. Most feel our activity should not be allowed on agriculturally zoned property and justify it with concerns about noise and increased traffic. Some make unsupported claims of cattle being startled, explosions far off the property, and even an incident requiring the involvement of the local fire department (which is entirely false). It's the typical "not in my backyard" attitude with the usual arguments and no evidence to support it.

f. VAST is permitted a rebuttal period in which the concerns, issues, and claims brought by the opposition against the permit are addressed. VAST again apologizes for not making the proper contact with the neighboring property owners.
VAST completed its presentation and its members waited for the BZA vote.

Next -- Part 10: VAST is denied Special Use Permit by BZA.

Augusta County shuts down Rocket Boys ... part 8

Part 8: VAST prepares for Augusta County Board of Zoning Appeals meeting

See part 1, 2, 3, 4, 5, 6, 7.

An anonymous complaint to the county of Augusta shut down the Valley Aerospace Team rocketry club (VAST) even though no complaint was ever filed with the landowner or the club.

Augusta County suggested the club may have to install permanent bathroom facilities and septic system, drill a well. They were also told to check with VDOT for "field entrance requirements" going through a gate to access a 500 acre farm field off a rural gravel road in western Augusta County.

All of this came about because of an anonymous complaint from someone protected by Augusta County when they refused to reveal the name to VAST or the landowner.

VAST documented the steps they took leading up to their meeting with the Board of Zoning Appeals (BZA). Still thinking this was "just a formality," they set to work gathering the information necessary to go before the BZA to receive a Special Use Permit (SUP).

From the VAST legal timeline:
6. August 7, 2009 - With landowners' full consent and support, VAST submits an application for the SUP, pays the required $250.00 fee, and is added to the Board of Zoning Appeals (BZA) Meeting Agenda scheduled for September 3, 2009.
a. At this meeting, VAST will "present" its request for the SUP.

b. Supporters of the permit request will be allowed to speak.

c. Opposition of our request will then be allowed to speak.

d. VAST will be allowed rebuttal period and answer any final questions from the BZA members.

e. The five (5) BZA members will then discuss VAST's request during a closed portion of the meeting and then vote to approve or disapprove the request.
7. August 11, 2009 - VAST asks its members and friends to write letters of support to the County.
a. As a result, thirty five (35) letters of support are received by the County and added to the SUP request file.

b. It is later determined that three (3) letters of opposition were also received and added.
8. August 25, 2009 - VAST creates Informational Packets and delivers them to the County.
a. Packet contains over 40 pages of documentation on VAST, hobby rocketry, its safety record, as well as information on the Tripoli Rocketry Association (TRA) and the National Association of Rocketry (NAR), VAST's parent organizations.

b. Issues of Rockets Magazine are also included for each of the BZA members.
9. August 28, 2009 - VAST receives a copy of the Croft Staff Report.
a. Report is produced by staff from the Augusta County Community Development Department.

b. VAST learns that the staff is recommending denial of the SUP request primarily due to concerns for public safety, noise, and increased traffic in the area.
i. It's apparent that no effort was made by the staff to educate themselves about the hobby's excellent safety record.

ii. The documentation VAST provided to the County was obviously also not reviewed.c. Report mentions a complaint was made to the County that VAST had entered the farm field of an adjacent landowner to recover a rocket without their permission.
10. August 28, 2009 - VAST Board of Directors (BoD) addresses Croft Staff Report with a Response to Comments.

a. Creates a detailed response document which addresses every comment, error, and condition.

b. It also includes additional information about the hobby's excellent safety record as well as calculations on expected noise levels.
11. September 2, 2009 - VAST distributes the response document.

a. VAST attempts to contact BZA Chairman (Mr. Shreckhise) and is informed that he is out of the area and will not be attending the September 3 meeting.

b. VAST then contacts BZA Co-Chairman (Mr. Callison) and requests permission to send the response document.

c. Mr. Callison approves and suggests the document be faxed to him for distribution to the rest of the BZA members.

d. VAST faxes the response document to Mr. Callison.
A request for a Special Use Permit that the county had suggested was "just a formality" has now been recommended for denial by the staff of the Augusta County Community Development Department.

With a suggestion for denial now before them, the rocketry club prepares for their hearing before the Board of Zoning Appeals (BZA).

Next -- Part 9: VAST presents their case to the Augusta County Board of Zoning Appeals.

Augusta County shuts down Rocket Boys ... 7

Part 7: Augusta County tells VAST, "It's just a formality."

See part 1, 2, 3, 4, 5, 6.

After the landowner was notified by Augusta County Zoning Administrator, Mr. Wilkinson, that launchings on the landowner's property must receive a Special Use Permit, the rocketry club began to prepare its case in what they were assured would be "just a formality."

Scientists are known to be precise and meticulous in their record keeping. VAST continues its well-kept documentation with its legal timeline:

The legal timeline shows that what began as a simple formality to ask for a before-not-mentioned permit (the club had no idea a complaint had been filed) had ended up in appeal in the court system.

Here VAST is informed it is only a "formality":
c. [Zoning Administrator] Mr. Wilkinson informs that if VAST wants to continue its activities, it needs to apply for an Special Use Permit (SUP), pay a $250.00 application fee, and present a request to the Augusta County Board of Zoning Appeals at a public meeting.

d. Landowner and VAST are told it is just a formality. Then attention is turned to the porta-johns.

e. Mr. Wilkinson states that the County does have concerns with the porta-john as well as the occasional camping done on site.

f. He advises that VAST may be required to install a well, septic system with drain field, and permanent restroom facilities. He directs VAST to contact the Virginia Department of Health (VDH) for the applicable regulations.

g. He also directs VAST to contact the Virginia Department of Transportation (VDOT) about possible field entrance requirements.
So what began as "just a formality" turned into talk of the county possibly requiring the installation of a septic system with a drain field, providing permanent restroom facilities, and drilling a well as while as the need to check with VDOT about "field entrance requirements" off a dirt road in rural western Augusta County.

All this for an activity held two days a month.

Back to the VAST timeline:

4. July 22, 2009 - VAST contacts the Virginia Department of Health.
a. VAST describes its monthly activities, attendance history, and porta-john servicing schedule.

b. VDH informs VAST that they have no issues with the use of a porta-john or the occasional on-site camping.
5. July 22, 2009 - VAST contacts the Virginia Department of Transportation.
a. VAST describes its monthly activities and attendance history.

b. VDOT states that based on the expected low volume of traffic, no changes to the existing field entrance would probably be required.

c. VDOT stipulates that once they are notified by the County of the SUP request, they will perform an inspection and make official recommendations then.
Next -- Part 8: VAST prepares for Augusta County Board of Zoning Appeals Meeting

Augusta County shuts down Rocket Boys ... 6

Part 6: How it began

See part 1, 2, 3, 4, 5.

In January of 2006 the Valley Aerospace Team (VAST) rocketry club began monthly launches in several Augusta County farm fields providing a wholesome, family-oriented activity for young possible scientists following in the footsteps of Homer Hickam of West Virginia.

Homer, a coal miner's son who was intrigued by the Soviet Sputnik satellite in the 1950s that streaked across the October sky, was the inspiration of the movie, October Sky, and the book, Rocket Boys.

In rural areas there is always concern about entertainment activities for young people and Augusta County is no different. Teenagers "cruising" around local shopping centers were curtailed a few years ago by police and property owners concerned about possible illegal activity ... gangs have located in the SWAC area ... drugs have been an ongoing problem.

When the Croft Field owner provided his 500 acres for VAST, he was providing a location for adult advisers to work in an educational way with students and their parents. Isn't that a far better use of rural land than a drunken party with a stabbing like this one that was headlined in the Waynesboro News Virginian earlier this week?

In June of 2008 the club began monthly launches on the Croft property located in Swoope, Virginia, a rural 500-acre site offered for the club's use by the land owner. No complaints about the rocketry activities were ever received by any of the landowners nor VAST.

In July of 2009, the landowner received a letter from the Augusta County Zoning Administrator stating that they were in violation of the county's zoning ordinance by allowing VAST activities to take place on their agriculturally zoned property.

On July 21, the landowner and VAST met with the zoning administrator who stated that rocketry activities were considered "active recreation" which, by zoning regulations, was allowed only on the approval and issuance of a Special Use Permit (SUP). To receive a SUP, VAST needed to pay a $250 application fee and present a request to the Augusta County Board of Zoning Appeals at a public meeting.

The landowner and VAST were told that it was just a formality.

Next: Part 7: Augusta County says, "It's just a formality...."

Tuesday, February 02, 2010

Augusta County shuts down Rocket Boys ... 5

Swoope in western Augusta County is made up of large tracts of farm land. VAST rocket club was given permission to launch on 500 acres of land.

Part 5: Launch location in a 500-acre field in rural Augusta County

See part 1, 2, 3, and 4.

Chuck Neff, President of the Valley AeroSpace Team, provided the exact location of the launch site:
BZA Map that we submitted with our SUP Application.

Also, here's an Aerial Photo of the area taken from the Augusta Couty GIS website. There is one (1) occupied dwelling within a half (1/2) mile radius (equal to approximately 502 acres) of the launch site range location. That equates to only one (1) home in approximately 502 acres of land.

If you stretch it out to a one (1) mile radius (with an area equal to approximately 2,010 acrea), the total number of occupied dwellings increases to approximately twenty (20), but that is still only a density of one (1) home per 100 acres of property.

Here's an image taken from the VAST launch range location facing toward the East. This next one is facing South. Here's one looking West and the last one to the North.

Here's one of the Gates leading into the site that VAST used for 14 months (with no problems).

This is the available sight distance along Livick Road looking towards the East. Here's the sight distance facing West. Here's an image of the VAST launch range area as seen from Glebe School Road.

This is another picture taken of the range area from Livick Road. In both cases, the range is over 1,400 feet from the road. The equipment trailer and porta-john are barely visible. How could the Augusta County Board of Zoning Appeals say this just isn't the right location for rocket launching?
So how did a group of boys with their advisors, using land with permission of the landowner, end up being shut down by Augusta County and end up in Augusta County court?

Next: Part 6 ... How it began.

Augusta County shuts down Rocket Boys ... 4

Part 4: Francis Chester ... the only lawyer willing to represent VAST in Augusta County?

See part 1, part 2 and part 3.

Recently reporter Tony Gonzalez wrote in the Waynesboro News Virginian about this unfortunate case in which Augusta County has ruled against her citizens:

A rocketry club barred from holding launches on Swoope farmland has appealed to a judge to get a permit that Augusta County officials denied four months ago.

The Board of Zoning Appeals voted 3-1 against permitting the Valley Aerospace Team launches after a stream of opponents said their farm animals were spooked by the blasts and their rural setting disrupted by increased traffic.

Within a month of the September vote, the aerospace team’s Churchville attorney, Francis Chester, had filed an appeal claiming the zoning board’s “arbitrary and capricious” vote disregarded evidence that the launch locale was safe and appropriate.

Augusta County Circuit Court Judge Victor V. Ludwig asked the county to give him records relating to the rocketry club by this week. A hearing will follow.

“It really threw us for a loop,” team President Charles Neff said of the permit denial. “Not one person ever complained to us or the landowner.”
The article is a nutshell of the events that have led up to the current time as VAST awaits a hearing from Judge Victor Ludwig.

Is there no legal representation in Augusta County for those going up against the county government except Francis Chester? (See timeline below.)

Mr. Chester, who is known as a local folk hero because of his representation pro bono of 10,500 citizens of the county in the real estate assessment case that has been ongoing since January 2009, was sanctioned and fined in December 2009 by Judge Victor Ludwig.

Thanks to meticulous record keeping, the rocketry club's website documents through their legal timeline the search for an attorney to represent VAST:
September 14 to September 25, 2009 - VAST consults with many attorneys:
a. Over thirty (30) local and non-local attorneys are contacted.

b. Several recuse themselves due to conflicts of interest with the County.

c. Some are not interested in taking on the County out of fear of repercussions.
Will others with grievances against the government be able to find representation if Francis Chester is not around?

Next: Part 5 ... Launch location in a 500-acre field in rural Augusta County

Augusta County shuts down Rocket Boys ... 3

Part 3: What is agri-tourism?

See part 1 and part 2.

I received an email in mid-December from Charles Neff, president of Valley AeroSpace Rocketry Club, who questioned Augusta County's desire to bring in agri-tourism when they appeared to contradict themselves by shutting down the rocket club. He wrote:
I listened to the “Agri-tourism Brings Boost For Augusta County” story on WHSV this morning with great fascination … especially since an activity that would be considered Agri-tourism was shut down in Augusta County by the Board of Zoning Appeals.
The December 17, 2009, TV-3 story was about Augusta County supervisors' desire to bring agri-tourism into the area:
Agritourism may be helping to generate income in Augusta County during a time when farmers are struggling the most.

While farm land may be vanishing in Virginia, in Augusta County, it's still increasing. Officials believe that agritourism may be bringing in a boost.

Weddings and horseback riding may seem unrelated, but they're both a part of what's bonding tourism and agriculture in Augusta County.
...
Augusta County Board of Supervisors member Nancy Sorrells believes this is just the beginning for agritourism.

Sorrells says, "There's no doubt it's bringing in money but I just don't think it's reached it's full potential."

The money agritourism is bringing to the county may be worth just a little bit more. "If I take a dollar and spend it in the community, that's just a dollar. But this community has to build roads that I use, has to build schools. But, if a visitor comes here and spends a dollar, it's really worth $5 because they go home," says Sorrells.

Del. Ben Cline (24th District) supports agritourism in Augusta County and is taking the message all the way to Richmond.

Cline says, "Agriculture is our top industry and in Augusta County, it's extremely important. So, we want to encourage all aspects of farming, including agritourism."

While agritourism is getting a lot of attention, Sorrells says if it's bringing in money, it's a good thing. Sorrells says, "I think we need to explore all kinds of ways to bring money into our area and the money that would come in that has the least impact on our tax bases is good money. So, if we need to find ways to hype that up, I say go for it."

The Augusta County Board of Supervisors has delayed any decision about rezoning its exclusive agriculture district until its meeting in January 2010.

From 2002 until 2007, Augusta County farmland increased two percent.
At that meeting in January the Augusta County Board of Supervisors voted to eliminate exclusive agriculture and, yes, open it up for agri-tourism, as reported by the Staunton News Leader:
County leaders hope by eliminating a restrictive agriculture zoning district, it will provide farmers more freedom to pursue alternative business options on their property.

The Board of Supervisors informally voted Wednesday to preliminary approve eliminating the county's exclusive agriculture district and convert that land to a general agriculture designation.

The move would open up more agriculture land to be able to have additional operations, which range from small business to agritourism uses. Unlike those on general agriculture-zoned land, residents in the exclusive agriculture district cannot apply for special-use permits to allow non-farming business.
Two comments were left on the WHSV TV-3 website about agri-tourism. The first:
The Augusta County Board of Zoning Appeals disagrees with Ms. Sorrells and Mr. Cline. The BZA effectively shut down the activities of a safe, educational, and family oriented model rocket club in Sep 09. They sided with a small group of residents who were terrified that a cardboard rocket from a 10 yr old might land on their property once or twice per year. The County has lost a free educational resource and agritourism income as a result.
The second comment:
This is very interesting! Someone needs to inform the Augusta County Board of Zoning Appeals about this! Our club, which had held monthly rocket launches in a Swoope (Augusta County) farm pasture for 14 months, was notified that a Special Use Permit was required which the Zoning Board subsequently denied. Although not huge, our events brought people to the County. They stayed at local hotels, they ate at local restaurants, and they shopped at local stores. If you think rocket launches shouldn't be considered Agri-tourism since it's unrelated to agriculture (other than the farm field), you should know that Hot Air Balloon Rides, Hang Gliding, Cross-Country Skiing, Music Festivals, Biking, etc. are all considered Agri-tourism. None of them have any closer relationship to agriculture than our activity. I believe the County is contradicting itself...
In Colorado agri-tourism is recognized as a growing industry and includes all the above-mentioned activities plus fishing, hunting, wildlife photography, horseback riding, farm and cannery tours, cooking classes, wine tastings, cattle drives, harvest festivals, corn mazes, roadside vegetable stands, and much more.

Does Augusta County want agri-tourism?

Next -- Part 4: Francis Chester ... the only lawyer willing to represent VAST in Augusta County?

Cross-posted at Virginia Virtucon

Monday, February 01, 2010

Augusta County shuts down Rocket Boys ... 2

Part 2: Who is VAST?

See part 1.

Who is VAST? From their website:
Located in the heart of the Shenandoah Valley of Virginia, the Valley AeroSpace Team (VAST) is the area's only public rocketry club. VAST is a chartered Prefecture of the Tripoli Rocketry Association (Tripoli Western Virginia #36) and a chartered Section of the National Association of Rocketry (NAR Section #687).

What Do We Do? The Valley AeroSpace Team holds meetings, workshops, and launches for the purpose of aiding and encouraging all those interested in rocketry. We also strive to increase public understanding and interest in rocketry by engaging in fun, scientific, and educational activities.

Why Hobby Rocketry? Since we can’t all work for NASA or catch a ride on the Space Shuttle, we’re left to do the next best thing … launch our own. The thrill of watching something you built streak out of sight riding a tail of flame and smoke is hard to beat. Whether they’re small model rockets or the larger, high-powered versions, they’re all fun and educational. Rocketry is an activity enjoyed by families and enthusiasts of all ages. People from all walks of life enjoy this hobby.

Is Hobby Rocketry Safe? Following strict safety codes has made rocketry one of the safest recreational activities available. In more than fifty years of hobby rocketry, there has not been one fatality or serious injury. Under the umbrella of our two national sanctioning organizations, the Tripoli Rocketry Association (TRA) and the National Association of Rocketry (NAR), Valley AeroSpace Team members launch rockets ranging from small scale models to custom designed high power rockets.
A safe, family-oriented, educational activity for young people in a rural area sounds like a good thing. After all, we could use more wholesome activities because meth and other drugs are a big problem. Young people overseen by volunteer advisors were fortunate to participate in what could have been a stepping stone to future education and careers.

I can almost hear Captain James Kirk on the USS Enterprise saying, "Space ... the final frontier...."

Next -- Part 3: What is agri-tourism?

Augusta County shuts down Rocket Boys ... 1

Part 1: We have our own October Sky in Augusta County

Remember the movie October Sky that told the true story of Homer Hickam of West Virginia, a coal miner's son who was intrigued by the Soviet Sputnik satellite in the 1950s that streaked across the October sky?

That incident inspired Homer to study rocketry, win a science contest, go away to college, and eventually earn his Ph.D. and become a NASA scientist. And it all began when he and his friends put together and launched model rockets even though some of the town people tried to shut them down.

Just imagine ... in Augusta County there is a new generation of Rocket Boys who could be future NASA scientists, much like Homer.

And in western Augusta County with its large tracts of land, there appears to be the perfect place for a local rocket club to teach science in the wide open spaces, smack in the middle of 500 acres of land, isolated from surrounding properties.

Wrong.

Not in Augusta County. Just like the town went after Homer and his friends, the county has shut down the kids in the local rocketry club. One anonymous complaint was all it took to deny further launchings. The complainer's identity was never revealed but the name has been widely circulated through the western Augusta rural grape vine.

An activity that had been ongoing for 18 months with the landowner's permission was suddenly over. A county that had a supervisor and state delegate promoting "agritourism" seemed to contradict itself by shutting down the rocketry club.

Since the club was first founded in 2005, over 400 area youth launched their first rockets.

In October 2007 VAST co-hosted 250 Boy Scouts as part of their District Camporee in Rockingham County called "October Fly" as part of the 50-year anniversary of the launch of Sputnik.

At the current location, known as Croft Field, there were usually four to eight kids at launches that were held monthly over a Saturday and Sunday with less participation during the winter months and more during the summer. The most fliers they had was the last launch in August of 2009 when 19 showed up.

Usually an average of 15-25 spectators were present. Bad weather sometimes prevented launches on one or both days.

The club has outlined and documented the entire case on the club's website where the following announcement is now posted:
Until Further Notice
VAST was denied a special use permit by the Augusta CountyBoard of Zoning Appeals on September 3rd, 2009. The decison has been appealled to the Circuit Court of Augusta County. VAST is awaiting a hearing date.
And that's where I began my research into a case that was in the local newspapers and specifically brought to my attention by the club's president. A "routine" request for a special use permit ended up not so routine and VAST went to court to appeal the Zoning Board's denial of a group of boys who wanted to fly rockets in Augusta County, Virginia.

Next ... Part 2: Who is VAST?