Feb 15, 2022 Board of Supervisors Meeting

UM, OKAY.

THANK

[A. Call to Order and Pledge of Allegiance of the United States of America]

YOU.

IF YOU WOULD STAND FOR THE PLEDGE OF ALLEGIANCE, PLEASE.

UM, IS ADOPTION OF THE AGENDA.

AND WE'LL CALL THIS MEETING TO ORDER.

AND THE FIRST,

[B. Adoption of Agenda – Additions or Deletions]

ARE THERE ANY ADDITIONS OR DELETIONS? MADAM CHAIR? I'D LIKE TO ADD, UM, AN ITEM TO THE AGENDA TONIGHT.

IF WE WILL, PLEASE.

AND WE CAN DO THAT.

UM, YOU WANT TO PUT IT RIGHT AFTER THE ADOPTION OF THE AGENDA? UM, THE WORK COUNTY BOARD OF SUPERVISORS WOULD LIKE TO, UH, ADD A RESOLUTION OF THANKS.

IS THERE A SECOND TO THAT MOTION? DIDN'T WE ALSO WANT TO REMOVE YES.

IN THE REMOVAL OF, UH, UNDER PUBLIC HEARINGS, NUMBER THREE, DO I HAVE A MOTION TO ACCEPT THE AGENDA AS AMENDED WITH THOSE TWO ITEMS? THERE'S A ROLL CALL, MRS. UM, SECOND TO THAT SECOND, EXCUSE ME.

BEEN A LONG DAY ROLL CALL, MRS. ROCKEY.

AND I'LL READ THE RESOLUTION, UM, OF RESOLUTION OF THE BOARD OF SUPERVISORS OF WARREN COUNTY AND APPRECIATION OF THE EFFORTS OF THE COMMUNITIES OF CHICKEN T VIRGINIA AND ACCOMACK COUNTY, VIRGINIA.

WHEREAS ON JANUARY 22ND, 2022 FOR YOUNG MAN FROM THE FRONT WORLD, WARREN COUNTY COMMUNITY WERE INVOLVED IN A BOATING ACCIDENT AND THE CHICKEN TEAGUE BAY.

AND WHEREAS TWO OF THE YOUNG MEN WERE RESCUED BY A GOOD SAMARITAN.

AND WHEREAS CORY LAWRENCE, ALLS SON OF DEVIN LYNN AND MICHELLE NITA, ALZ TRAGICALLY LOST HIS LIFE IN THE ACCIDENT.

AND WHEREAS AN EXTENSIVE SEARCH WAS CONDUCTED FOR NATHAN JENKINS, SANA, JAMIE AND SUSAN JENKINS BY THE VIRGINIA MARINE POLICE, VIRGINIA PORT AUTHORITY, US FISH AND WILDLIFE, VIRGINIA BEACH POLICE FOR VIRGINIA BEACH FIRE, CHESAPEAKE POLICE, CHINCOTEAGUE POLICE ACCOMACK COUNTY SHERIFF'S OFFICE, AND COUNTLESS VOLUNTEERS FROM THE CHICKEN T COMMUNITY.

AND WHEREAS MEMBERS OF THE CHICKEN TEAGUE BUSINESS COMMUNITY, AND INDIVIDUAL RESIDENTS DONATED AND PROVIDED FOOD LODGING ASSISTANCE TO THE FAMILY MEMBERS OF THE MISSING YOUNG MAN AND THE VOLUNTEERS FROM THE FRONT WORLD, WARREN COUNTY COMMUNITY WHO AIDED IN THE SEARCH NOW, THEREFORE BE IT RESOLVED THAT THE WARREN COUNTY BOARD OF SUPERVISORS THAT EXPRESSES ITS DEEPEST CONDOLENCES TO DEVIN LAND AND MICHELLE NITA, ALLS FOR THE LOSS OF THEIR SON, AS WELL AS ITS HOPE AND PRAYERS TO JAMIE AND SUSAN JENKINS FOR THEIR SON WHO IS STILL MISSING AND BE IT FURTHER RESOLVED THAT THE BOARD OF SUPERVISORS EXTENDS HEARTFELT APPRECIATION TO THE LAW ENFORCEMENT AND RESCUE AGENCY WHO PARTICIPATED IN THE SEARCH AND THE KINDNESS SHOWN BY THE BUSINESS COMMUNITY AND RESIDENTS OF THE TOWN OF CHICKEN TEAGUE AND ACCOMACK COUNTY.

AND THE IT FINALLY RESERVED THAT COPIES OF THIS RESOLUTION OF APPRECIATION SHALL BE PREPARED FOR THE CHICKEN TEAK TOWN COUNCIL ACCOMACK COUNTY BOARD OF SUPERVISORS AND THE VIRGINIA BEACH CITY COUNCIL ADOPTED THIS 15TH DAY OF FEBRUARY, 2022.

IS THERE A MOTION TO ACCEPT THIS RESOLUTION? SO MOVED SECOND ROLL CALL, MRS. SHIRAKI MR. BUTLER, MRS. OATES, MADAM CHAIR.

I MRS. COOK, MR. MAY.

THE PUBLIC COMMENT PORTION OF OUR MEETING.

WE ARE AT

[C. Public Comment Period (60 Minute Time Limit)]

MRS. SHAHRAKI.

HAS ANYONE SIGNED UP? UH, YES.

MA'AM MATT TEDRICK.

OF SUPERVISORS, NOT TO THE AUDIENCE BE CONSIDERED OF YOUR FELLOW SPEAKERS.

I WILL REMIND EVERYONE THAT THIS IS A 60 MINUTE TIME PERIOD WITH A THREE MINUTE PER SPEAKER TIME AND, UH, READ THE PUBLIC CONDUCT CODE.

ALL COMMENTS WILL BE DIRECTED TO THE BOARD

[00:05:01]

THERE SHOULD BE NO APPLAUSE, BOOING OR OTHER AUDIBLE DISRUPTION TO THE PROCEEDING THROUGH A SHOW OF HANDS.

THE CHAIRMAN MAY ASK FOR A SHOW OF SUPPORT FOR COMMENTS MADE BY SPEAKERS, PLACARDS POSTERS, AND OTHER MEANS OF VISUAL DISPLAYS OF COMMENTS WILL NOT BE PERMITTED IN THE BOARD MEETING ROOM.

THIS DOES NOT INCLUDE INFORMATION OR MATERIALS YOU USE AS PART OF A FACTUAL PRESENTATION TO THE BOARD AT THE HEARING, WHICH WE'LL BE HAVING HEARINGS LATER.

THE BOARD WILL NOT TOLERATE PERSONAL ATTACKS BY ANYONE ON ANY OF, ON ANY OF THE PARTICIPANTS IN THE PROCEEDING.

ANYONE WHO VIOLATES THE GUIDELINE OF THIS PUBLIC HEARING MAY BE ASKED TO LEAVE BY THE CHAIRMAN FAILURE TO LEAVE THE PUBLIC HEARING WHEN ASKED TO DO SO IS A VIOLATION OF CODE WARREN COUNTY CODE 56 DASH FOUR AND CODE OF VIRGINIA 18.2 DASH FOUR 15 AND IS SUBJECT TO A FINE UP TO $2,500 IN A SENTENCE OF UP TO 12 MONTHS, EITHER BOTH.

SO MR. DIEDRICH YOU'RE TOM, THANK YOU.

MADAM CHAIRMAN, MATT TIDRICK FRONT ROYAL, VIRGINIA.

UH, FIRST I WANT TO BEGIN BY COMMENDING YOU ON THAT RESOLUTION.

I THINK THAT'S A VERY WELL DESERVED A RESOLUTION AND WANT TO THANK THE BOARD FOR THAT.

UM, 11 DAYS AGO I SENT AN EMAIL TO, UH, MY SUPERVISOR, MS. COOK AND COPIED THE OTHER SUPERVISORS.

UM, I ALSO COPIED MR. DALEY, UM, AND MISS EMILY AND I WANTED TO, UH, I HAVE NOT RECEIVED A RESPONSE TO MY QUESTIONS.

UM, SO I DIDN'T WANT TO PRESUME THAT, UH, I WAS BEING IGNORED, BUT INSTEAD I THOUGHT I'D COME HERE TONIGHT AND HAND HARD COPIES OUT SO THAT, UM, THE PUBLIC CAN SEE THAT I ACTUALLY DID DELIVER, UM, FIVE QUESTIONS THAT I'VE ASKED.

UM, I'M HAPPY TO READ THOSE INTO THE MINUTES IF YOU'D LIKE ME TO READ THEM, OR WOULD YOU PREFER, I DON'T READ THE MINUTES OR WHAT'S YOUR PREFERENCE? MADAM CHAIR.

LET ME READ THE QUESTIONS.

COULD I SEE THE QUESTIONS? AND THEN DID YOU NOT GET THE EMAIL I DID, BUT THAT AND ABOUT A HUNDRED OTHERS.

SO THESE ARE VERY SPECIFIC QUESTIONS.

UM, YES AND NO TYPE OF ANSWERS WITH SOME, UH, BACKGROUND INFORMATION.

SO, UH, I DON'T KNOW IF TONIGHT, UH, DURING YOUR, UH, BOARD COMMENT PERIOD, THIS IS THE FIRST MEETING THAT'S BEEN IN REGULAR SESSION SINCE I SENT THE EMAIL, BUT, UM, THIS WAS SENT 11, 11 DAYS AGO.

SO I'M GLAD TO KNOW, AT LEAST YOU GOT IT.

UH, I HAVEN'T, LIKE I SAID, I HAVE NOT RECEIVED A RESPONSE FROM MY SUPERVISOR OR ANY OTHER SUPERVISORS AS IT RELATES TO THESE QUESTIONS.

I THINK THESE ARE IMPORTANT QUESTIONS THAT NEED TO BE ANSWERED.

UM, CLEARLY THE PRESS, UH, REFUSES TO ASK THE QUESTIONS.

UM, THAT'S KIND OF STANDARD NOW IN THIS DAY AND AGE THAT WE FIND OURSELVES IN THAT THEY'RE NOT ASKING THE TOUGH QUESTIONS THAT NEED TO BE ASKED TO HOLD PUBLIC OFFICIALS ACCOUNTABLE.

SO HERE IT IS.

IT'S UM, I'VE SENT, I'VE SENT THE EMAIL HERE.

IT IS ON THE RECORD AND I LOOK FORWARD TO GETTING RESPONSE, MS. COOK, THANK YOU.

IS ANYONE ELSE SIGNED UP TO SPEAK? SO NO ONE ELSE JUST SIGNED UP MADAM CHAIR, BUT I BELIEVE THERE ARE PEOPLE WHO WOULD LIKE TO SPEAK.

IF ANYONE ELSE WOULD LIKE TO SPEAK AT THIS TIME, WE DO HAVE A HARD STOP AT SEVEN 30 FOR OUR PUBLIC HEARINGS.

UH, WHATEVER TIME IS REMAINING WE CAN DO AFTER, UM, THE PUBLIC HEARINGS.

IF YOU'D LIKE TO SPEAK, IF YOU'D COME UP AND STATE YOUR NAME AND ADDRESS, UM, AND YOU'LL HAVE THREE MINUTES, WOULD ANYONE LIKE TO SPEAK AT THIS TIME SECOND CALL WITH ANYONE LIKE THIS BAIT? GREAT.

THIRD FINAL CALL.

WE WILL MOVE

[D. Reports – Board Members, County Administrator, Interim County Attorney]

ON TO BOARD REPORT.

MR. BUTLER.

MADAM CHAIR, THE, UH, UH, WE INTERVIEWED, UH, TWO, UH, PERSONNEL FOR THE, UH, AIRPORT, UH, BOARD AND WE, WE MADE A RECOMMENDATION THAT SELECTION OF, UM, MR. SEAN RO.

THAT'S OUR AND I APOLOGIZE FOR THAT.

WE IS, IS THAT, UM, I THINK WE'VE GOT THAT ON OUR AGENDA A LITTLE BIT FURTHER DOWN, BUT THAT'S FINE.

NO, YOU'RE FINE.

I'M SORRY.

UM, AND NORMALLY YOU BRING THOSE OUT OF THE CLUB SESSION MA'AM TO ADD THEM TO YOUR, AGAIN, TO MAKE YOUR APPOINTMENT IT'S ON THE AGENDA, ISN'T IT? IT'S ON.

IT IS.

YEAH, I THINK IT IS WELL,

[00:10:01]

IT IS PUT UNDER THE CLOSED SESSION, BUT WE DIDN'T ADD IT AS AN ACTION ON THE AGENDA ITSELF.

YOU COULD DO IT NOW, IF YOU WANT TO, UM, OR YOU COULD WAIT UNTIL THE J ADDITIONAL NEW BUSINESS AND THEN ADD IT TO THE AGENDA AND, YOU KNOW, DO IT ALL AT ONCE.

YUP.

WELL, WHY DON'T WE DO IT THERE, THEN I HAVE A PR FOR FEAR OF MISSING SOMETHING ELSE UP.

I HAVE NOTHING ELSE THERE.

DON'T, DON'T WORRY.

WE ALL MAKE MISTAKES.

WE'RE HUMAN.

SO, UM, MRS. COOK ALL MY, I JUST WANTED TO LET EVERYONE OUT.

UH, LAST WEEK WE REVIEWED OUR FISCAL YEAR 23, 22 23 DEPARTMENT BUDGET BUDGETS.

IT WAS OLD, AN OLD DAY EVENT.

UM, I JUST WANT TO THANK THE COUNTY FINANCE DEPARTMENT IN THE B CAMERA DEPARTMENTS AND THE DEPARTMENT HEADS FOR COMING THAT DAY AND REPORTING AND PRESENTING THEIR BUDGETS.

UM, I KNOW THAT'S A HARD TASK AND, UM, I JUST WANNA THANK EVERYONE FOR PARTICIPATING.

UM, WE HAD A MEETING MEETING AS MS. COOK HAS SAID ABOUT THE, UH, BUDGET AND WITH OUR PARTNERS ON THE FIRST AND, UM, ON THE SECOND WE HAD A SCHOOL BOARD MEETING THAT I ATTENDED, OOPS, EXCUSE ME.

ON THE THIRD, UM, VISITED WITH THE COUNTY ADMINISTRATOR FOR INFO INSTRUMENT, ADDITIONAL KNOWLEDGE ON THINGS THAT I NEEDED TO KNOW, UH, ON THE FOURTH DISGUSTED DISCUSS CONSTITUENTS CONCERNS WITH FINANCE TOURISM, UM, VIA THE PHONE AND IN PERSON.

UM, THE, ON THE FOURTH ALSO, WE HAD AN EDA MEETING IN THE MORNING ON THE EIGHTH, THE DEPARTMENT OF BUDGET STEERING.

THE DAY ON THE NINTH, I VISITED TRAVIS JOHNSON, UH, TO REVIEW HIS COP APPLICATION AND, UH, LOOK AT THE SITE.

AND ON THE 10TH, MET WITH THE COMMISSIONER OF REVENUE ON REBATE PROGRAMS FOR THE PEOPLE OF THE COUNTY ON THE 10TH, UH, MET WITH THE DRUG COMMITTEE AND THAT WITH SUPERVISOR OATS TO CONTINUE THE DISCUSSIONS ON THE DRUG PROBLEMS IN OUR COUNTY AND HOW OVER TIME WE CAN MAKE THEM BETTER.

UH, ON THE 14TH, I HAD A SCHEDULED MEETING THAT I PERSONALLY HAD TO CANCEL WITH THE BUMBO GROUP UP, UH, AT BLUE MOUNTAIN.

AND OF COURSE THE BOS MEETING TODAY.

THAT'S ALL I HAVE MET THEM CHAIR.

THANK YOU, MRS. SO I WOULD JUST LIKE TO HAVE A SHOUT OUT BECAUSE A LOT OF TIMES OUR COUNTY EMPLOYEES ONLY HEAR ABOUT NEGATIVE THINGS.

AND SO IN MY POSITIVE MOMENT TONIGHT, I AM SHOUTING OUT TO MR. CAULFIELD.

I DON'T THINK HE'S HERE.

I BELIEVE HE'S REPRESENTING US AT A PROPERTY OWNERS ASSOCIATION MEETING, BUT, UM, I HAD A, A CONCERN FROM A CONSTITUENT.

I SENT AN EMAIL TO DR.

DALEY ON LET'S SEE IT WAS WEDNESDAY AFTERNOON.

AND MR. FELT WAS ON THE PROPERTY DOING A SITE VISIT ON THURSDAY.

AND THE, UH, THE CONSTITUENT IS VERY PLEASED WITH THE RESULTS.

IT'S NOT AS EASY AS SOLUTION AS HE HAD HOPED, BUT HE IS, HE IS VERY PLEASED THAT THE COUNTY WOULD RESPOND SO QUICKLY AND TRY TO WORK THROUGH THE ISSUE WITH HIM.

AND SO MR. CAULFIELD, WHEREVER YOU ARE, GREAT JOB.

AND, UM, UM, MS. COLORS AND I ATTENDED VACO'S LEGISLATIVE DAY, AND WE ALSO SPENT TWO DAYS IN TRAINING WITH VACO FOR, UM, THE CHAIRMAN AND THE VICE CHAIRMAN ROLES, WHICH WAS, I DON'T CARE HOW MANY TIMES YOU GO, YOU LEARN SOMETHING NEW.

EVERY TIME I GO, I LEARNED SOMETHING NEW.

AND SO, UM, WE DID THAT AND WE ALSO MET WITH OUR LEGISLATORS.

WE MET WITH THE DELEGATES THAT REPRESENT US, UM, AND WE HAD QUITE SOME SPIRITED CONVERSATIONS ABOUT POTENTIAL TAX REPEALS AND HOW THEY WOULD AFFECT THE COUNTY.

AND THEN I ALSO RAN THEIR DRUG COURT MEETING, UH, WITH GARY GILLESPIE.

HE'S MY PARTNER OVER AT THE TOWN, AND WE ARE WORKING VERY HARD TO ESTABLISH A DRUG COURT IN WARREN COUNTY.

AND THERE'LL BE MORE ABOUT THAT IN THE FUTURE.

THAT'S ALL.

SEEMS LIKE, UM, IT'S, IT'S NOT CENTRALIZED TO WARREN COUNTY.

UM, I'D ALSO LIKED IT TO SAY THANK YOU TO MICHAEL KOHLFELD AND THE PUBLIC WORKS DEPARTMENT AND OUR PUBLIC PARKS AND REC MAINTENANCE STAFF FOR THEIR, UM, SNOW REMOVAL EFFORTS DURING THE RECENT SNOW EVENT.

UM, FEBRUARY 3RD, MRS. OATES AND I ATTENDED THE LOCAL GOVERNMENT DAY IN RICHMOND.

UM, WE HAD A MEETING STARTING AT EIGHT O'CLOCK THAT MORNING WITH SEVERAL OTHER COUNTIES TO DISCUSS, UM, CENTURY LINK AND THE WONDERFUL SERVICE THAT THEY PROVIDE OUR COUNTIES, UM,

[00:15:01]

IT'S VERY REGIONAL AND THERE WERE, I THINK, EIGHT OTHER COUNTIES THERE, UH, WITH THE SAME LOVE OF THE SYSTEM THAT WE HAVE.

SO, UM, ALBEMARLE COUNTY IS, UH, HAS FILED AND THERE'S GOING TO BE A HEARING WITH THE SEC ON FEBRUARY 23RD, I'VE SIGNED UP TO HAVE MY FIVE MINUTES OF CONVERSATION ON WARREN COUNTY'S ISSUE.

WE'RE NOT SURE THAT THIS IS GOING TO AMOUNT TO WHAT WE WOULD LOVE TO DO, BUT WE FIGURE WE'RE ALLOWED OUR VOICE WITH ALL OF US GOING TOGETHER TO WORK ON THIS.

SO IF ANYONE HAS, UM, ANY ITEMS OF THAT YOU THINK WOULD BE WORTHWHILE FOR ME TO BE PRESENT, I'VE GOT PICTURES, I'VE GOT QUITE A BIT OF INFORMATION, BUT YOU'RE WELCOME TO EMAIL ME AND I'LL ADD THOSE TO MY LIST.

I MIGHT RUN OVER FIVE MINUTES THOUGH, BUT IT'S, UM, I WILL GET THEM IN.

UM, AND, UH, WE WERE, UM, MET WITH MIKE WEAVER AND BILL WILEY, SENATOR OPEN CHAIN, AND, UM, TODD GILBERT EVEN WAS ABLE TO GIVE, UM, CHAIRMAN DONNA HAY AND I FROM RAPPAHANNOCK COUNTY SOMETIME THAT, UH, AFTER THAT MEETING TO, UM, TO DISCUSS THIS.

SO WE ARE BEING HEARD AND HOPEFULLY IT'S GOING TO MAKE A DIFFERENCE.

UM, BUDGET PROCESS IS GOING ON AND WE ARE GOING TO DO OUR BEST TO CONTINUE WORKING IN THE SAME, UH, TAX RATE THAT WE ARE NOW.

THAT'S, THAT'S OUR GOAL.

SO WE, WE HOPE TO ACHIEVE THAT.

AND THERE HAVE BEEN COMMENTS FROM THE PUBLIC REGARDING THE MEMORANDUM FROM THE FORMER TOWN ATTORNEY TO THE TOWN'S PLANNING COMMISSION.

AND I, ON BEHALF OF THE WARREN COUNTY BOARD OF SUPERVISORS HAVE REQUESTED OUR COUNTY ATTORNEY TO LOOK INTO THIS MATTER.

AND AFTER RESEARCHING, IT WAS DETERMINED THAT THERE WERE NO ILLEGAL ACTS BY MR. MAY, BUT ALSO WANT TO NOTE THAT THIS CONCERN IS A TOWN ISSUE.

IT ORIGINATED WITH THE TOWN AND IT IS, YOU KNOW, A PROBLEM OF THERE NEEDING TO SOLVE, AND IT SHOULD BE ADDRESSED BY THEIR GOVERNING BODY, NOT THE FRONT WORLD, NOT THIS BODY.

SO I'M GLAD TO HEAR YOUR CONCERNS, BUT I THINK YOU NEED TO TAKE IT TO THE TOWN COUNCIL AND BE HEARD THERE, SIR, BUT I HAVE HEARD YOU AND I, WE DID LOOK INTO IT.

SO THANK YOU, DR.

DAILY, UM, AS WAS MENTIONED, THE BOARD HAS HAD A GOOD TIME OF INTERVIEWING ALL PARTNER AGENCIES AND ALL OF THE DEPARTMENTS.

AND EVERYBODY HAS HAD A VERY GOOD TIME FOR SEVERAL DAYS.

UH, WE WILL CONTINUE THIS PROCESS ON, UH, NEXT TUESDAY, FIVE 30.

WE WILL MEET WITH THE SCHOOL BOARD, COME EARLY AT FIVE O'CLOCK AND HAVE SOMETHING TO EAT.

AND YOU WILL HAVE THE SCHOOL BOARD AT FIVE 30, AND THEN YOU HAVE A SPECIAL PUBLIC HEARING AT SEVEN 30 THAT EVENING.

AND THEN WE WILL BE BACK AT, ON THE FOLLOWING TUESDAY, MARCH THE FIRST, SINCE THE 29TH HAS BEEN CANCELED.

WE'LL GO AHEAD AND HAVE THE WORK SESSION ON THE BUDGET IMMEDIATELY FOLLOWING YOUR REGULAR MEETING MARCH 1ST.

AND THEN WE ALSO HAVE RESERVED MARCH EIGHT, DEPENDING UPON EXACTLY WHERE WE ARE.

AND IF THE LEGISLATURE IS STILL IN SESSION BECAUSE NO LOCAL GOVERNMENT IS SAFE WHEN THE LEGISLATURE IS IN SESSION AND WE NEED, CAN'T FINALIZE THIS BUDGET TILL WE KNOW WHAT THEY ARE GOING TO DO FOR, OR AGAINST US ONE OR THE OTHER.

AND THAT'D BE HAPPY TO ANSWER ANY QUESTIONS.

CAN I ASK A QUESTION NOW, THE CHAIR, DR.

DALEY, WILL WE ACTUALLY BE ABLE TO SEE THE SCHOOL'S BUDGET BEFORE WE ARE ASKED TO CONSIDER IT NEXT WEEK? CAUSE I HAVEN'T SEEN ANY INDICATION OR EVEN A WORKING BUDGET AT THIS POINT, AND THAT WOULD BE NICE TO HAVE MR. ROBERTSON.

AND I HAVE SEEN A COUPLE OF PRELIMINARY DRAFT SHEETS IF YOU WILL.

AND WE'LL BE HAPPY TO SHARE THOSE WITH YOU.

UM, I DON'T KNOW IF THE, UH, SCHOOL BUDGET IS, HAS BEEN PRESENTED TO THE SCHOOL BOARD AND IF THEY'VE SHARED IT WITH THE BOARD AND SO FORTH OR NOT, I'M, I'M NOT SURE.

AND I WOULDN'T WANT TO SAY THAT THE SCHOOL BOARD HAS SEEN THEIR BUDGET YET OR WHAT THEY HAVE DONE WITH THEIR BUDGET.

I DON'T THINK THEY'RE AS FAR ALONG AS YOU ARE IN DEVELOPING YOUR BUDGET, THAT WOULD BE CORRECT.

[00:20:01]

MET WITH MY SCHOOL BOARD MEMBER AND THERE'S, SHE'S NOT SEEING THE BUDGET EITHER.

AND I JUST THINK IT'S PREMATURE TO HAVE A MEETING WITH THE SCHOOL BOARD OR THE SCHOOL ABOUT THE BUDGET.

IF WE HAVEN'T HAD A TIME TO EVEN EVALUATE THE PROPOSAL.

I WON'T KNOW WHAT TO ASK IF YEAH.

AND I WILL, I WILL REQUEST THAT WE HAVE IT BY FRIDAY.

UM, I WOULD SAY ALSO THAT ON NEXT TUESDAY IS YOUR OPPORTUNITY TO HEAR WHAT IT IS THEY HAVE TO SAY.

UH, THE STATE DID INDICATE THAT THEY WOULD RECEIVE APPROXIMATELY 6 MILLION IN INCREASED STATE FUNDING.

UH, THEY HAD A NUMBER OF THINGS THEY WERE REQUESTING FROM THE COUNTY THAT, UH, OUR DEPARTMENT STAFF, UH, FIRE AND RESCUE AND PUBLIC WORKS ARE WORKING WITH FINANCE TO EVALUATE THE VASSAR, TURN WHAT OUR BEST OPTIONS ARE WITH THEM.

AND WE'LL BE WORKING ON THAT FOR, TO DO THAT.

ALSO TALKING TO MRS. LOGAN IS WORKING WITH THE PARKS DEPARTMENT ON THE QUESTION OF THE COST OF, UH, MAINTAINING THOSE FIELDS.

UM, PARKS DID NOT RECEIVE ANY INCREASE THAT WE CAN FIND WHEN THEY TOOK THEM OVER.

SO THEY JUST HAD TO ABSORB IT AT THE TIME.

NO, IF EVERYBODY IS AWARE OF THAT DISCUSSION, BUT YES.

AND SO THE, THAT WOULD BE VERY BENEFICIAL IF WE HAD SOME DETAILED INFORMATION IN ADVANCE.

SO THAT MEANS, AND LAST YEAR IT TOOK TWO MEETINGS AND YOU MAY WANT TO PLAN ON INVITING THEM TO COME BACK AFTER YOU GET TO SEE WHAT IT IS THEY HAVE.

IF I, IF I MAY, UM, I ALSO ATTENDED THE SCHOOL BOARD MEETING LAST WAS IT LAST WEEK, RIGHT? AND THEY DID DISTRIBUTE A PRELIMINARY BUDGET, NOT, NOT AT THE LEVEL OF DETAIL THAT WE WOULD LIKE, BUT IT WAS AT A HIGH LEVEL AND CORRECT ME IF I'M WRONG.

I THINK WE HAVE IT ON OUR BUDGET PORTAL UNDER THE SCHOOL BOARD.

IT'S ONLY A ONE PAGER, BUT AT LEAST IT'S SOMETHING TO TAKE A LOOK AT.

IF YOU WILL, MADAM CHAIR, I'D LIKE TO REQUEST THAT WHEN WE DO SEE THE BUDGET THAT WE ARE GOING TO, UH, TO CONSIDER THAT IT BE DETAILED AS MUCH AS POSSIBLE DOWN TO THAT LINE ITEM, BECAUSE THERE, THERE ARE SOME ITEMS ON THERE THAT, UH, THAT I'M AWARE OF THAT NOT ON THE, NOT ON THE BUDGET, BUT SOME, SOME OF THE ITEMS THAT I KNOW THAT ARE KICKING AROUND, YOU KNOW, WITH, UH, WITH SCHOOL BOARDS IN GENERAL, THAT I WANT TO TAKE A LOOK AT AND SEE IF THOSE, IF THEY HAVE THOSE, YOU KNOW, PROPOSED ON THERE.

AND SO I WANTED AS DETAILED AS POSSIBLE.

AND I DID MS. COOK, UM, SUPERVISOR COOK, SEE THE ONE PAGER, BUT IT'S A $65 MILLION BUDGET.

ONE PAGE.

IS IT JUST NOT EFFECTIVE? A LOT OF MONEY FOR WORD AND GIVE YOU A STARTING POINT.

AND IF WE'RE GOING TO MEET WITH THEM ON TUESDAY, I PERSONALLY WOULD LIKE IT BY FRIDAY.

AND I, WE WILL REQUEST THAT, UM, THEY, UM, THEY WERE HAVING MEETINGS WORKING ON IT, UH, THIS WEEK.

SO I CAN'T SPEAK AS TO EXACTLY WHERE THEY ARE, BUT WE WILL REQUEST IT NOW, WHATEVER THEY HAVE THIS FAR, IT'S, SHOULDN'T BE MUCH MORE THAN A MATTER OF PUSHING PRINT.

FIVE TIMES.

I WOULD ASK, GO CONTACT YOUR SCHOOL BOARD MEMBERS TO SEE WHAT THEY CAN HELP YOU WITH.

ALRIGHTY.

THANK YOU, MR. HAM.

OH, SORRY.

DID I CUT YOU OFF? WAS THAT ENOUGH? OKAY.

SORRY, MR. .

I HAVE NO REPORT.

APPROPRIATIONS AND TRANSFERS.

UH, FIVE ABOUT SEVEN MINUTES.

I THINK WE CAN GET THROUGH THE REST OF THIS AND THEN, UM, GET TO OUR PUBLIC HEARINGS.

[E. Appropriations and Transfers]

WERE THERE ANY QUESTIONS OR DISCUSSION ON APPROPRIATIONS AND TRANSFERS AND IF NOT, IS THERE A MOTION TO ACCEPT AS PRESENTED MADAM CHAIR? I MAKE A MOTION THAT WE ACCEPT THE APPROPRIATION TODAY.

IS THERE A SECOND, SECOND RURAL CALL, MRS. SHIRAKI MR. BUTLER, MRS. OATES, MADAM CHAIR.

I MRS. COOK.

I, MR. MADE APPROVAL

[F. Approval of Accounts]

OF ACCOUNTS.

ANY QUESTIONS OR DISCUSSION THERE? AND IF NOT, IS THERE A MOTION TO APPROVE AS PRESENTED? SO MOVED SECOND ROLL CALL, MRS. SHAHRAKI

[00:25:01]

MR. MRS. COOK.

I MADAM CHAIR.

I MRS. OATES I, MR. BUTLER APPROVAL

[G. Approval of Minutes]

OF MINUTES.

UM, IS THERE ANY ADDITIONS OR DELETIONS OR CORRECTIONS TO THE MINUTES? JEREMY COLORS? I AM UNABLE TO, UM, APPROVE 1 11 22 BECAUSE I WAS DOING MY MOST IMPORTANT JOB, WHICH WAS BEING A MOM.

SO, UM, I CAN'T, YEAH, I CAN'T VOTE ON THAT ONE.

SO WE'LL NEED TO VOTE ON THAT ONE SEPARATELY.

UM, IS THERE A MOTION WE'LL WE'LL HAVE TO BREAK THEM OUT THEN.

UM, MADAM CHAIR, I'D LIKE TO MAKE A MOTION TO, UH, ACCEPT THE SPECIAL MEETINGS ON JANUARY 11TH, 2022.

IS THERE A SECOND? A SECOND ROW.

PALM IS A SHIRAKI MR. BUTLER.

IS THERE ANY ADDITIONS, DELETIONS OR CORRECTIONS ON THE REGULAR MEETING OF JANUARY 18TH AND FEBRUARY 1ST? AND IF NOT, IS THERE A MOTION TO ACCEPT THEM AS PRESENTED SECOND I ROLL CALL MRS. SHIRAKI MR. MABE, MRS. COOK.

I MADAM CHAIR.

I MRS. OATES, MR. BUTLER.

[H. Consent Agenda]

CONSENT AGENDA.

ARE THERE ANY ITEMS TO POOL FOR DISCUSSION ON THE CONSENT AGENDA? IF NOT, IS THERE A MOTION TO ACCEPT IT AS PRESENTED MADAM CHAIR, I MAKE A MOTION THAT WE ACCEPT THE CONSENT AGENDA AS PRESENTED.

IS THERE A SECOND, SECOND ROLL CALL, MRS. SHERLOCKING MR. BUTLER.

MRS. OATES, MADAM CHAIR.

I MRS. COOK.

I MR. MABE.

THE MINUTES WE HAVE FOUR MINUTES.

IF ANYONE WANTS TO TAKE A BREAK BEFORE, UM, WE GO INTO THE PUBLIC HEARINGS AT SEVEN 30.

FOLKS, IF YOU WANT TO GET YOUR SEATS, IT'S NOW SEVEN 30.

I'D LIKE TO START THE PUBLIC HEARINGS.

PUBLIC HEARING IS GOING TO BE ON THE DISPOSITION OF PUBLICLY HELD REAL PROPERTY.

WE'RE READY TO START.

OUR FIRST

[I.1. Sale of County-Owned Property Located at 30 E Jackson Street, Front Royal – Alisa Scott]

AND ALICIA, SCOTT, THERE YOU ARE.

MADAM CHAIR.

THE FIRST PUBLIC HEARING WE HAVE TONIGHT IS FOR THE DISPOSITION OF PUBLIC HEALTH PROPERTY, 30 EAST JACKSON STREET, FRONT ROYAL VIRGINIA FOR THEY'RE IDENTIFIED AS TAX MAP.

NUMBER 20 A Z 4 3 9 A IS SURPLUS PROPERTY OR OF EXCESS NEED THE POTENTIAL REVENUE TO BE DERIVED FROM THE SALE OF THE PROPERTY IS BETTER USE OF PUBLIC FUNDS THAN TO MAINTAIN OR TO IMPROVE PROPERTY.

THE COUNTY HAS ORDERED A COMMERCIAL REAL ESTATE APPRAISAL AND IS LISTING THE PROPERTY FOR SALE.

THE COMMERCIAL APPRAISALS SHALL DETERMINE THE VALUE OF THE PROPERTY AND ASSISTED IN THE IDENTIFICATION OF THE HIGHEST SALES OFFER.

THE COMMERCIAL APPRAISALS SHALL BE COMPLETED WITHIN 55 DAYS.

ONCE THE VALUE OF THE PROPERTY IS DETERMINED, ALL OFFERS SHALL BE CONSIDERED.

THE COUNTY SHALL SIGN THE PURCHASE AGREEMENT.

THAT IS THE HIGHEST SALE IN ACCORDANCE WITH VIRGINIA CODE 15 DOT TWO, 1-800-COUNTIES, CITIES AND TOWNS AS AMENDED.

THE COUNTY OF WARREN HAS PROPERLY ADVERTISED AS PUBLIC HEARING FOR THE DISPOSITION OF PUBLICLY HELD REAL PROPERTY.

THE COST OF THE SALE IS A 6% COMMISSION OF THE TOTAL SALES PRICE TO BE PAID TO ADAMS NELSON CONTINGENT UPON THE SALE OF THE PROPERTY.

IS THERE ANY QUESTIONS IN REGARDS TO THIS?

[00:30:02]

I'M GOING TO OPEN THE PUBLIC HEARING.

AND THEN IF THE BOARD HAS QUESTIONS FOR MS. SCOTT, SO WE HAVE THEN REQUESTED A PR APPRAISAL FOR THIS PROPERTY, AND THEN WE WILL ACCEPT BID IT.

IT WILL BE BID AFTER THAT.

IS THAT CORRECT? SO HOW WILL THAT WORK? WILL BITTERS BE ABLE TO SUBMIT A BID OR WILL THEY HAVE TO GO THROUGH THE REAL ESTATE AGENT? THEY WILL GO THROUGH THE BROKERAGE.

ADAM'S NELSON, THEY'VE LISTED THE PROPERTY ON THEIR WEBSITE.

SO THEY'VE ESSENTIALLY ADVERTISED FOR THE SALE OF THE PROPERTY.

SO WE HAVE RECEIVED A FEW OFFERS FOR THIS PROPERTY, BUT WE DON'T KNOW HOW MUCH IT'S WORTH.

SO ONCE WE GET THE APPRAISAL BACK, WE'LL GO BACK TO THE OFFERS AND ASK THEM IF THEY WOULD LIKE TO INCREASE THEIR OFFER.

SO WE WILL ACCEPT THE HIGHEST VALUE.

EXCELLENT.

ANY OTHER QUESTIONS FROM THE BOARD ON THIS? THAT FOR ME? OKAY.

MRS. SHIRAKI HAS ANYONE SIGNED UP TO SPEAK? NO.

WE WILL MOVE ON TO NUMBER TWO.

WOULD ANYONE LIKE TO SPEAK ON THIS PUBLIC HEARING? SECOND CALL, WOULD ANYONE LIKE TO SPEAK THIRD AND FINAL CALL PUBLIC HEARING IS NOW CLOSED.

UM, WE DON'T NEED A MOTION ON THIS TONIGHT.

WE JUST NEED TO HAVE A PUBLIC HEARING.

[I.2. An Ordinance to Repeal Warren County Code Sections 16-3.1, 16-6.1, and 16-7.1; and to Adopt and Ordain Warren County Code Sections 16-3.2, 16-6.2, and 16-7.2, to Change the Election Districts and Precinct Boundaries of the County of Warren Pursuant to the Decennial Census; and to Change the Polling Places for the Otterburn and Central Absentee Precincts – Joe Petty]

AND THAT IS AN ORDINANCE.

THIS ONE'S A LONG ONE, AN ORDINANCE TO REPEAL WARREN COUNTY CODE SECTION 16 DASH 3.1 16 POINT DASH 6.1 AND 16 DASH 7.1.

AND TO ADOPT AN ORDAIN WARREN COUNTY CODE SECTION 16 DASH 3.2 16 DASH 6.2 AND 16 DASH 7.2, TO CHANGE THE ELECTION DISTRICTS AND PRECINCT BOUNDARIES OF THE COUNTY OF WARREN PURSUANT TO THE DISSEMINABLE DECENNIAL CENSUS AND TO CHANGE THE POLLING PLACES FOR THE AUTO BERN AND CENTRAL ABSENTEE PRECINCT.

MR. PETTY, THANK YOU, MADAM CHAIR, AS YOU STATED, THIS IS A ORDINANCE REVISION.

IT WILL REPEAL AND REVISION TO ADD NEW POLLING PLACES AND AMEND AND REDISTRICT OUR PRECINCTS AND POLLING PLACES.

THE 2020 CENSUS POPULATION DID INCREASE FROM 37,000 TO 40,000.

AND AS PART OF THAT, WE HAD TO LOOK AT EACH DISTRICT AND SEE WHAT THAT CHANGE IN POPULATION MEANT AND HAD TO MEET A SUBSTANTIAL EQUALITY PERCENTAGE.

IN EACH ONE WE HAD TO MAKE SURE WAS WITHIN 5%.

AND AS PART OF THAT PROCESS, WE FOUND THAT HAPPY CREEK AND SHENANDOAH MAGISTERIAL DISTRICTS HAD THE MOST DISCREPANCY.

AND AS WE PRESENTED IN A WORK SESSION IN DECEMBER AND IN BEGINNING OF JANUARY, WE'VE FORMULATED TWO OPTIONS AND IT WAS THE CONSENSUS OF THE BOARD TO MOVE FORWARD WITH OPTION ONE.

UM, THOSE BOUNDARIES HAVE NOT CHANGED SINCE THAT ORIGINAL PRESENTATION IN DECEMBER.

AND SO FOREGO READING, IT'S JUST THE SAME INFORMATION YOU'VE ALREADY HEARD FROM PREVIOUS PRESENTATIONS.

WE MADE SURE THAT THAT MET THE NEW STATE MAPS THAT CAME OUT RIGHT AROUND CHRISTMAS TIME OF LAST YEAR.

UM, WE'D BEEN WORKING WITH LYNN AND SITE'S OFFICE TO MAKE SURE THAT EVERYTHING IS CORRECTED.

UM, I BELIEVE YOU DO HAVE AN UPDATED VERSION THAT WAS CIRCULATED AROUND.

WE DID HAVE SOME TYPOS IN THERE, BUT WE WERE CORRECTED THOSE.

THERE WAS NO SUBSTANTIVE INFORMATION THAT CHANGED AGAIN.

IT WAS JUST GRAMMATICAL ERRORS THAT WERE IN THERE.

WE HAD TO CORRECT.

UM, BUT WE DID USE CRITERIA SIMILAR TO 2011 AND THE STATE CODE, UM, AGAIN, AND THAT'S IN THE COVER SHEET.

AND JUST TO BE CLEAR, YOU KNOW, WE ARE CHANGING A FEW POLLING PLACES, BUT THOSE, THE MAIN CHANGE IS THE RIVERMONT.

THE NEW RIVERMONT FIRE DEPARTMENT WILL BE TAKEN OVER FOR THE AIRPORT LOCATIONS RIGHT ACROSS THE STREET.

UM, BUT THAT WOULDN'T CHANGE ANYBODY'S BOUNDARIES AT THAT POINT.

SO IF YOU HAVE ANY QUESTIONS, I WOULD BE HAPPY TO ANSWER THOSE.

BUT AGAIN, THIS IS ALL FOR OPTION ONE THAT WOULD CHANGE THE BOUNDARY BETWEEN HAPPY CREEK ROAD AND THE OR HAPPY CREEK MAGISTERIAL DISTRICT AND THE SHENANDOAH MAGISTERIAL DISTRICT THAT'S BEEN PRESENTED TO YOU.

THE TWO PREVIOUS MEETINGS PUBLIC HEARING IS NOW OPEN.

ARE THERE ANY QUESTIONS ON THIS FOR MR. PETTY? NOPE.

MRS. SHIRAKI HAS ANYONE SIGNED UP? NO.

THERE IS A NOTICE PROVISION, AND THIS IS IN THE ORDINANCE.

WOULD ANYONE LIKE TO SPEAK ON THIS HEARING AT THIS TIME? SECOND CALL ANYONE LIKED TO SPEAK THIRD AND FINAL CALL PUBLIC HEARING IS CLOSED.

IS THERE A MOTION? SO I JUST WANT TO CHIME IN WITH ONE THING.

[00:35:01]

IF YOU, IF YOU ADOPT THIS, THIS DOES NOT TAKE EFFECT UNTIL THE ATTORNEY GENERAL HAS ISSUED THIS CERTIFICATION OF NO OBJECTION.

BASICALLY THE ATTORNEY GENERAL GETS 60 DAYS TO LOOK AT IT AND IF THEY FIND SOME ISSUE, IT WILL BE COMING BACK TO THIS BODY.

UM, AND I DON'T EXPECT THAT THEY WILL, BUT THAT'S THE PROCESS THAT'S FOLLOWED.

IS THERE A MOTION? MADAM CHAIR, I MOVE THAT THE BOARD OF SUPERVISORS ADOPT THE ORDINANCE TO REPEAL WARREN COUNTY CODE SECTION SIXTEEN-THREE.ONE SIXTEEN-SIX.ONE AND SIXTEEN-SEVEN.ONE.

AND TO ADOPT AN ORDAIN WARREN COUNTY SECTIONS 16 SIXTEEN-THREE.TO 16 DASH SIX DOT TWO AND 16 DASH SEVEN DOT TWO AS PROPOSED.

SO YOUR SECOND, SECOND WORLD CALL MRS. SHIRAKI.

MR. BUTLER, MRS. OATES, MADAM CHAIR.

I MRS. COOK, MR. MABE.

THANK YOU, MR. PETTY AND EVERYONE ELSE THAT DID ALL THE WORK ON THAT.

I APPRECIATE IT.

THAT WAS A LOT OF WORK.

APPRECIATE IT.

I WILL SAY, I WILL SAY.

YEAH, I'D DEFINITELY SAY MR. HAMMOND, UM, TARYN AND EMMA FROM OUR GIS DEPARTMENT REALLY DID A LOT OF WORK BEHIND THAT.

I'D LIKE TO THANK ALL OF THEM.

NEXT IS CONDITIONAL USE PERMIT 2021 DASH 11 DASH OH TWO, DENNIS FILL-IN FOR A SHORT TERM TOURIST RENTAL LOCATED AT 4 84 CREEK ROAD AND IDENTIFIED ON TAX MAP 39 C BLOCK B AS LOT 27, MR. WYNLAN.

[I.4. Conditional Use Permit 2021-11-02, Dennis Flynn for a Short-Term Tourist Rental Located at 484 Creek Road and Identified on Tax Map 39C, Block B, as Lot 27 – Matt Wendling]

MADAM CHAIR AND MEMBERS OF THE BOARD.

UH, THE APPLICANT STATED HE WOULD LIKE TO RENT THE LOWER PORTION OF HIS HOUSE AS A SHORT-TERM TOURIST RENTAL FROM SPRING THROUGH FALL.

AND FROM THURSDAYS THROUGH SUNDAYS, HE IS PRIMARILY TARGETING THE APPALACHIAN TRAIL USERS AND THOSE WANTING TO VISIT THE SHENANDOAH NATIONAL PARK AND SKYLINE DRIVE.

HE DOES PLAN TO SHUTTLE GUESTS TO THE TOWN IF NECESSARY WHEN THEY HAVE NO OTHER OPTIONS FOR TRANSPORTATION.

UH, THE PROPERTY IS LOCATED IN A RESIDENTIAL COMMUNITY LOCATED OFF REMOUNT ROAD IN WHICH THE TRAILHEAD OF THE APPALACHIAN TRAIL IS A SHORT DISTANCE AWAY.

WE HAVE RECEIVED COMMENTS FROM LAKE FRONT, ROYAL POA.

UH, THEY HAD SOME CONCERNS REGARDING SPEED ON ROADS, ADDITIONAL WATER USAGE FOR WELL MONITORING OF THE PROPERTY FOR COMPLIANCE AND THIS SETTING OF PRECEDENTS FOR THE FIRST SHORT-TERM TOURIST RENTAL IN THIS SUBDIVISION.

SO THEY ARE REQUESTING DENIAL.

THE PROPERTY DOES MEET THE 100 FOOT SETBACK.

IT IS 102 FEET FROM A DWELLING TO DWELLING.

A PLANNING COMMISSION DID MOVE THIS FORWARD WITH, UH, THE FOLLOWING CONDITIONS, UM, AND, UH, WITH THE APPROVAL AND WITH THE FOLLOWING CONDITIONS.

NUMBER ONE, THE APPLICANT SHALL COMPLY WITH ALL WARREN COUNTY HEALTH DEPARTMENT AND WARD COUNTY BUILDING INSPECTIONS IN VIRGINIA STATEWIDE, FIRE PREVENTION, CODE REGULATIONS AND REQUIREMENTS.

NUMBER TWO, THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED SIX IS DETERMINED ACCORDING TO THE HEALTH DEPARTMENT, CONDITIONAL OPERATIONAL PERMIT, WHERE A THREE BEDROOM DWELLING, NUMBER THREE, THE APPIAN SHALL HAVE THE WILD WATER TESTED ANNUALLY FOR ECO-LINE CALIFORNIA BACTERIA, AND A COPY OF THE RESULTS SHALL BE SUBMITTED TO THE PLANNING AND HEALTH DEPARTMENTS.

NUMBER FOUR, THE APPLICANT SHALL SUBMIT HAVE THE SEPTIC SYSTEM INSPECTED ANNUALLY BY A STATE LICENSE INSPECTOR, AND A COPY OF THE RESULTS SHALL BE SUBMITTED TO THE PLANNING AND HEALTH DEPARTMENTS.

THE SYSTEM SHALL ALSO BE SERVICED EVERY FIVE YEARS AS RECOMMENDED BY THE HEALTH DEPARTMENT AND A COPY OF THE SERVICE INVOICE SHALL BE PROVIDED TO THE PLANNING DEPARTMENT IN NUMBER FIVE, THE DISCHARGE OF FIREARMS AND HUNTING ONE OF THE PROPERTY BY YES SHALL BE PROHIBITED.

NUMBER SIX, THE USE OF ALL-TERRAIN VEHICLES BY GUESTS ON THE PROPERTY AND WITHIN THIS SUBDIVISION SHALL BE PROHIBITED.

THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED ADJACENT PROPERTY OWNERS HAVE BEEN NOTIFIED.

BE GLAD TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

WOULD THE APPLICANT LIKE TO SPEAK AT THIS TIME? I DID NOTIFY HIM.

PUBLIC HEARING IS NOW OPEN.

ARE THERE ANY QUESTIONS FOR MR. WENDLING? OKAY, MRS. SHIRAKI DID ANYONE SIGN UP? NO.

APPROVED THE CONDITIONAL USE PERMIT REQUEST OF DENNIS LIND FOR A SHORT TERM TOURIST RENTAL WITH THE CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF.

WOULD ANYONE LIKE TO SPEAK ON THIS PUBLIC HEARING AT THIS TIME? SECOND CALL ANYONE LIKED TO SPEAK THIRD AND FINAL CALL PUBLIC HEARING IS NOW CLOSED.

IS THERE A MOTION ON THIS ITEM? I MOVE THAT THE BOARD OF SUPERVISORS

[00:40:01]

IS THERE A SECOND? AND I'M SURE I WAS SECONDARY ROLL CALL MRS. SHIRAKI MR. MABE.

HI, MRS. COOK.

I MADAM CHAIR I MRS. OATES.

HI, MR. BUTLER, CONDITIONAL

[I.5. Conditional Use Permit 2021-11-05, David Kondner for a Short-Term Tourist Rental Located at 153 Beckwith Drive and Identified on Tax Map 21B, Section 1, Block 1, as Lot R – Joe Petty]

USE PERMIT 2021 DASH 11 DASH OH FIVE.

DAVID CONDOR, COD.

I KNEW I WAS GOING TO SAY THAT WRONG.

I APOLOGIZE.

UH, FOR SHORT-TERM TOURIST RENTAL LOCATED AT 1 53 BECKWORTH DRIVE IDENTIFIED ON TAX MAP 21 B SECTION ONE, BLOCK ONE AS LOT ARMED MR. PETTY.

MADAM CHAIR.

UM, ONE OF THE ISSUES THAT HAVE COME UP IS THAT IT DOES NOT MEET THE SUPPLEMENTAL REGULATION REQUIRING 100 FEET BETWEEN DWELLING AND DWELLING.

UM, MR. KOTTER DOES OWN THE ADJOINING PROPERTY NEXT TO HIM.

THAT DWELLING THAT IS 30 FEET AWAY.

THERE IS ALSO ANOTHER DWELLING, TWO PARCELS DOWN THAT IS 88 FEET AWAY.

UM, WHEN WE INITIALLY ADOPTED THIS ORDINANCE FOR SHORT-TERM TOURIST RENTALS BACK IN 2 20 12, WE'VE RAN IT ONLY A FEW WAIVERS SINCE THEN.

UM, I BELIEVE IT'S FOUR IN TOTAL THAT WE'VE GRANTED IN MOST OF THOSE, THE ADJOINING PROPERTY OWNER THAT WAS THE CLOSEST WOULD GRANT PERMISSION OR A LETTER IN WRITTEN FORM.

THAT WOULD SAY THAT THAT IS OKAY.

I'M NOT, WE HAVE NOT RECEIVED ANYTHING FROM THE PROPERTY THAT'S 88 FEET AWAY, BUT OBVIOUSLY GIVEN MR. CONNOR HAS THE ONE THAT'S 30.

UM, AND THEN AGAIN, 180 DASH 56.4, OH, DOES REQUIRE THAT 100 FOOT SETBACK.

UM, THE STAFF JUST BASED OFF OF THE CODE AS RECOMMENDED, DENYING THE PERMIT.

UM, AGAIN, WE SET A RECORD LAST YEAR OF APPROVING SHORT-TERM TOURIST RENTALS.

AND SO WE JUST FELT THAT ALL OF THOSE MET THAT WE WANTED TO JUST ADHERE TO THE CODE.

SO STAFF RECOMMEND THAT THE PLANNING COMMISSION ALSO RECOMMENDED AN AL FOUR TO ONE.

THEY HAD SOME OTHER CONCERNS THAT WERE ADDRESSED BY SOME OF THE COMMUNITY CONCERNING THE ROAD AND THE PARKING.

UH, MR. CONNOR HAS FOLLOWED UP WITH A LETTER AND SOME IMAGES THAT CLEARLY SHOW THAT HE DOES HAVE SPACE FOR OFF STREET PARKING.

UM, THAT'S THERE THAT COULD ACCOMMODATE THREE VEHICLES.

HE IS SEEKING A ONE BEDROOM, TWO PERSON OCCUPANCY FOR THIS THAT WOULD EASILY THREE PARKING SPACE WOULD EASILY ACCOMMODATE, UM, TWO GUESTS THAT MAY DRIVE SEPARATELY.

AND EVEN IF, YOU KNOW, SOMEBODY HAD TO COME AND CLEAN OR SOMETHING, YOU WOULD HAVE AN ADDITIONAL SPACE THERE FOR THREE CARS.

SO THOSE PHOTOS DO SHOW THAT HE DOES HAVE ADEQUATE PARKING.

UM, BUT AGAIN, THE ONE THING THAT WE FORTUNATELY CAN'T CHANGE IS THE SETBACKS THAN NEIGHBORING DWELLINGS.

UM, IT IS LOCATED IN A SPECIAL FLOOD HAZARD AREA, OBVIOUSLY.

UM, BUT YOU KNOW, AS PART OF THE PROPERTY MANAGEMENT PLAN WITH ANY OF THESE PROPERTIES, WE MAKE SURE THERE IS A MITIGATION PLAN JUST IN CASE THERE IS POTENTIAL FLOOD, UM, AND GET GOOD THING IS, IS WE KIND OF KNOW AHEAD OF THAT IF THAT'S GOING TO HAPPEN.

UM, SO THE CONDITIONS ARE STANDARD.

I WILL STATE, I HAD A TYPO PROBLEM THIS MONTH, I THINK.

SO YOU DO HAVE AN EXTRA COVER SHEET THERE THAT DEFINITELY STATES THAT IT IS A ONE BEDROOM, TWO PERSON OCCUPANCY.

THAT'S WHAT THE PLANNING COMMISSION APPROVED.

THAT'S WHAT THE, IN THE APPLICATION, THAT'S WHAT MR. CODNER HAS RECOMMENDED.

SO THAT IS CONDITION NUMBER TWO.

AND AGAIN, THERE WOULD BE AN ADDED CONDITION, NUMBER SEVEN, THAT WOULD BE GRANTING THE WAIVER FROM 30 FEET OR FROM 100 FEET TO 30 FEET FOR ONE DWELLING, 88 FOR THE OTHER.

IF THE BOARD WERE TO ACCEPT AND APPROVE THIS, WE WOULD REQUEST THAT THESE CONDITIONS BE PLACED ON THIS APPLICATION.

BUT AGAIN, THE STAFF AND PLANNING COMMISSION BOTH RECOMMENDED DENIAL AT THIS TIME.

UM, BELIEVE MR. CODNER IS HERE, UM, THIS EVENING.

AND IF YOU HAVE ANY FURTHER QUESTIONS, I'D BE HAPPY TO ANSWER THIS.

WOULD THE APPLICANT LIKE TO SPEAK AT THIS TIME? OKAY.

IF YOU WOULD COME UP AND STATE YOUR NAME AND ADDRESS, OR THANK YOU.

MY NAME IS DAVID WILLIAM CONDOR SENIOR, AND I LIVE AT 9, 9, 9 OSPREY LANE IN FRONT ROYAL.

UH, HOPEFULLY YOU HAVE A LETTER THAT I GAVE TO CHASE, AND I THINK IT PROBABLY GOT TO THE BOARD OF SUPERVISORS, WHICH OUTLINED MY ARGUMENTS FOR A CONDITIONAL USE PERMIT.

UM, ALSO SUBMITTED PICTURES, WHICH SHOW THE PARKING SPACES, WHICH, UH, JOE, UH, BROUGHT

[00:45:01]

UP.

SO I DON'T THINK THAT THE PARKING ISN'T SHOULD BE AN ISSUE AT THIS POINT IN TIME.

IT REALLY WOULD BE THE OFFSET OF HUNDRED FEET.

UH, I DO OWN THE ONE PROPERTY ON THE IMMEDIATELY TO THE, UH, RIGHT OF 1, 5, 3, 1, 6, 7 BACK WITH ION.

AND THEN THERE'S A, UM, THE PROPERTY, WHICH IS NEXT TO THE RIGHT OF THAT, UH, IS A VACATION HOME.

THE PEOPLE LIVE IN WESTMINSTER AND OCCASIONALLY COME IN.

I RARELY SEE THEM AND I'VE BEEN THERE QUITE A BIT.

UM, OKAY, LET ME JUST GO THROUGH THE LIST OF THINGS.

PEOPLE ARE ENTITLED TO HOLD RACIST OPINIONS IF THEY SO CHOOSE, BUT NOT AT THE EXPENSE OF OTHER PROPERTY OWNERS OR MINORITIES THAT MIGHT OTHERWISE BENEFIT FROM COUNTY RESOURCES.

SO THE PLANNING COMMISSION CITED THE PARKING ISSUES CITED BY THE COMMUNITY RESIDENTS.

I THINK THAT THAT'S BEEN LAID TO REST.

THE REMAINING IS THE A HUNDRED FOOT SETBACK RULE, WHICH I THINK IS IT'S A ARBITRARY NUMBER SET BY THE BOARD OF SUPERVISORS WITHOUT REGARDS TO SPECIFIC PROPERTY OR COMMUNITY CONSIDERATIONS THAT PRA PRECEDENTS HAVE FOR WAVERING.

THIS REQUIREMENT HAVE BEEN MADE IN THE PAST FOR PREVIOUS, UM, CONTINUE, UM, CONDITIONAL USE PERMIT APPLICATIONS.

AND I THINK IT SHOULD BE WAIVED, UM, BECAUSE IT'S RIGHT ALONG THE SHENANDOAH RIVER, THESE ARE OLDER PROPERTIES AND THEY'RE NON-CONFORMING.

AND IF YOU WERE TO APPLY THESE, THIS A HUNDRED FOOT SETBACK RULE TO ALL THE PROPERTIES THAT ARE NON-CONFORMING ALONG THE RIVER, YOU WOULD NEVER HAVE ANY SHORT TERM RENTALS.

AND THIS IS THE PRIME AREA ALONG THE SHENANDOAH, WHERE PEOPLE WOULD ENJOY COMING TO WARREN COUNTY.

IT WOULD MAKE A LOT OF SENSE TO ALLOW SHORT-TERM RENTALS.

AND A LOT OF THOSE ARE ALREADY VACATION HOMES.

THEY'RE SMALLER PROPERTIES AND THERE OLDER PROPERTIES AND PEOPLE LIKE ME CAN COME IN AND ACTUALLY CLEAN UP THE PROPERTIES, WHICH I'VE DONE IN ORDER TO MAKE THEM PRESENTABLE FOR AIRBNB, WHICH HAS STANDARDS.

I'M A SUPERHOST IN AIRBNB BECAUSE THE PEOPLE LIKE MY PLACE AND THEY LIKE IT BECAUSE IT WAS ALL CLEANED UP AND MADE PRESENTABLE.

UM, SO I THINK THAT IT'S REALLY, TO THE COUNTY'S BEST INTEREST THAT THERE ARE AT LEAST EXCEPTIONS, THAT 100 FOOT RULE IT'S WAS SET ARBITRARY, UH, ARBITRARILY, I BELIEVE WHEN TALKING TO MATT, HE DIDN'T UNDERS HE DIDN'T KNOW THAT THERE WAS A TECHNICAL REASON WHY IT'S A HUNDRED FEET, 30 FEET, 50 FEET, 150 FEET.

IT'S SET AT A HUNDRED.

WHY NOBODY SEEMS TO KNOW, UM, AND TO THE LEFT OF MY PROPERTY IS A VACANT LOT.

SO THAT'S NOT A PROBLEM.

UH, I WILL HAVE, UH, MY REAL ESTATE AGENT WILL SPEAK ABOUT THE PROPERTY VALUES, UH, WHEN THEY ARE ALLOWED TO HAVE SHORT-TERM RENTAL, IT MAKES A DIFFERENCE IN THE VALUES OF THE PROPERTIES, UH, WHICH MEANS THE TAX BASE FOR WARREN COUNTY.

UM, AND THERE ARE EXCEPTIONS, LIKE EVEN THOUGH THE PREVIOUS, FEBRUARY, UH, PLANNING COMMISSION, I'M AWARE OF 6, 6, 8 OLD DAM ROAD, WHICH IS RIGHT THERE IN THE, ALONG THE RIVER, UM, THAT WAS, THEY VOTED TO APPROVE THAT CONDITIONAL USE PERMIT.

AND THAT DOES NOT MEET THE A HUNDRED FOOT SETBACK.

SO Y Y THE EXCEPTION HERE, WE'LL GET TO THAT.

IF YOU LOOK AT THE, THE LETTER THAT I WROTE DOWN THE LAST, WHEREAS CLAUSE, IT SAYS THE PLANNING COMMISSION RIGHTLY CONSIDERS COMMUNITY CONCERNS IN DETERMINING MOST CUP APPLICATIONS.

BUT IN THIS INSTANCE, THE RESIDENTS' CONCERNS WERE GIVEN, SPEEDING, PARKING, TRESPASSING, LITTER ROAD, DUES, CRIME, AND STRANGERS.

UH THERE'S NO, I HAVE NEVER HAD ANY PROBLEMS WITH ANY OF THESE THINGS, BROUGHT TO MY ATTENTION, UH, FROM ANY OF THE, UH, AIRBNB CUSTOMERS THAT I'VE HAD ALONG THERE THEY'VE ALL BEEN GREAT PEOPLE.

UH, BUT MR. KEYS, ONE OF THE RESIDENTS WHO EXPRESSED THAT HE WAS REPRESENTING THE OTHER WHITE RESIDENTS ON THE ROAD.

SO THEY'VE HAD QUOTE PAST MEXICAN PROBLEMS THAT WERE RESOLVED UNQUOTE, AND THAT THEY QUOTE DO NOT WANT TO SEE THESE PROBLEMS. COME BACK ON QUOTE, OVERT RACIST OBJECTIONS MAY UNDERLINE THE OTHER STATED OBJECTIONS FROM THE RESIDENTS AND THE PLANNING COMMISSION SHOULD HAVE CENSORED MR. KEYS, BUT INSTEAD CHOSE TO SUPPORT RESIDENT OPPOSITION TO THE CUP APPLICATION.

[00:50:01]

I HOPE YOU CONSIDER THESE THINGS.

SO IN CONCLUSION, I, I HAVE, UH, BY THE WAY, IN TERMS OF A PROPERTY MANAGEMENT PLAN, I HAVE A PLACE UP IN BALTIMORE COUNTY.

I RENTED IT OUT FOR MANY YEARS.

UH I'VE I AM THE PROPERTY MANAGER, I'M IN CONTACT WITH THESE AIRBNB HAS A WAYS FOR ME TO SCREEN THEIR PROFILE AND THEIR IDENTITY BEFORE I EVER ALLOW THEM IN THERE.

I HAVE A SECURITY CAMERA THAT'S FOCUSED DOWN ON THE PARKING AREA.

UM, I JUST THINK THAT THE, UM, THEIR OBJECTIONS RESIDENT OBJECTIONS TO THIS SHORT-TERM RENTAL ARE DISINGENUOUS AT BEST.

AND I HOPE THAT YOU CONSIDER ALL THESE THINGS AND APPROVE MY CONTINUING USE.

CONTINUE A CONDITIONAL USE PERMIT.

THANKS.

ANY QUESTIONS? UH, MADAM CHAIR.

YES, SIR.

SO THE, UH, SO YOU OWN THE TWO PROPERTIES OF, AND ONE IS ABOUT 30 FEET FROM THE OTHER ONE, RIGHT? IT'S SET UP THE ONE IN QUESTION 1, 5, 3 IS SET UP CLOSER TO THE RIVER, AND THEN IT'S UP ON THE HILLSIDE.

THERE'S LIKE A CLIFF SO LONG THERE.

WHAT, UH, WHAT WOULD YOU DO WITH THE, THE SECOND PROPERTY? IS THAT KINDA LIKE, WHAT, WHAT WOULD THAT BE? WELL, I'M FIGURING THAT SECOND PROPERTY WILL BE A LONG-TERM RENTALS.

ACTUALLY THE, THE ONE IN QUESTION WILL MOST LIKELY BE SOLD AND THEN, BUT I WOULD RATHER MUCH RATHER SELL IT WITH A CONTIN, UH, CONDITIONAL USE PERMIT IN PLACE, UH, BECAUSE IT'S MUCH MORE VALUABLE WITH THAT SHORT TERM.

SO, SO THE REASON I'M ASKING IS BECAUSE A, I CAN UNDERSTAND YOUR POSITION THAT, YOU KNOW, A HUNDRED FEET SEEMS TO BE JUST ARBITRARY, BUT THE, BUT WHEN YOU'VE GOT A, A, A, A STRUCTURE THAT'S ONLY 30 FEET AWAY, AND YOU'VE GOT PEOPLE THAT ARE, YOU KNOW, COMING AND GOING AND STUFF.

BUT THAT, THAT TO ME, THAT WOULD, THAT WOULD BE A, UM, THAT MAY BE AN ISSUE.

AND SO IT WAS PARKING IN BOTH FOR BOTH PROPERTIES, BUT THE, BUT, UH, I WAS JUST THINKING, SO IF THEY'RE, IF THEY'RE THAT CLOSE, UH, HAVE YOU CONSIDERED JUST KEEPING BOTH OF THEM, OR IS IT IN THE, IN THE CARDS THAT AT SOME POINT YOU MAY SELL ONE THE OTHER, WELL, I, MY THINKING IS THAT I'LL SELL 1, 5, 3, WHICH IS IN QUESTION HERE AND KEEP 1 6, 7, WHICH IS THE 30 FEET AWAY.

AND I HAVE A QUESTION FOR MR. PETTY, MR. PETTY, CAN HE RENT THIS LONG-TERM BY RATE? YOU CAN RENT LONG-TERM ANYTHING LONGER THAN 30 DAYS IS BY, RIGHT.

DO YOU HAVE A TIMELINE FOR SELLING THAT PROPERTY? UH, WELL, YEAH, PRETTY SOON, YES.

THIS SPRING.

AND MY THINKING IS THAT IT WOULD RUN WITH THE PROPERTY AND THEY WOULD, UH, IF SOMEBODY BUYS IT, THEY OF COURSE WOULD HAVE TO COMPLY WITH ANY CONDITIONAL USE CONDITIONS THAT COME WITH THE PERMIT.

UM, AIRBNB AND A LOT OF THESE SHORT-TERM RENTAL PLATFORMS, THEY HAVE A LOT OF SECURITY, UM, PROCEDURES IN PLACE WHERE THEY, THEY VET ALL OF THE GUESTS BY MAKING THEM GO THROUGH SECURITY BACKGROUND CHECKS AND LOOKING AT THEIR INFORMATION BEFORE THEY APPROVE THEM AS A GUEST.

AT THIS TIME, I OPEN THE PUBLIC HEARING.

UM, MRS. SHIRAKI DID ANYONE SIGN UP TO SPEAK ON THIS? UH, YES.

MADAM CHAIR, JOE COMSTOCK.

GOOD EVENING BOARD.

UM, DAVID ASKED ME TO COME TODAY TO SPEAK TO YOU AS A REAL ESTATE PROFESSIONAL.

CAN YOU STATE YOUR NAME PLEASE? JOSEPH COMSTOCK.

I'M A RESIDENT OF 2 0 9 WATERFORD LANE IN WINCHESTER, VIRGINIA.

I WAS BORN AND RAISED IN FRONT ROYAL AND SPENT A LOT OF TIME ON THE SHANDO RIVER.

UM, I HAD THE OPPORTUNITY TO HELP DAVID AS HIS BUYER'S AGENT WHENEVER YOU PURCHASED THE PROPERTY A COUPLE OF YEARS AGO.

AND I NOTICED ALL THE HARD WORK THAT HE'S PUT INTO IT TO PREPARE IT FOR THE SHORT TERM RENTAL OPPORTUNITY.

UM, YOU KNOW, THE SHORT-TERM RENTAL OPPORTUNITY PRESENTS A LOT OF VALUE TO THE NEIGHBORS OF BECKWITH, UM, BY, YOU KNOW, BRINGING IN A LOT OF TOURISM DOLLARS AND THEN INCREASING PROPERTY VALUE VALUE.

BUT IT ALSO,

[00:55:01]

SO, UM, DAVID KNOWS EXACTLY WHO WOULD BE STAYING AT THE PROPERTY.

UM, THEY ALSO DON'T ALLOW GUESTS FROM MISUSING THE PROPERTY AND THEY LIMIT THE AMOUNT OF PEOPLE THAT WILL BE STAYING AT THE PROPERTY.

LIKE WHAT HAS ALREADY BEEN DISCUSSED.

UM, ALSO NEIGHBORS WILL HAVE DAVID'S INFORMATION.

THEY ALREADY DO HAVE HIS INFORMATION.

SO IF ANY ISSUES DO ARISE, THEY CAN CONTACT HIM.

DAVID LIVES HERE LOCALLY IN WARREN COUNTY AND HAS THE SECURITY CAMERAS AS WELL IN SITE.

SO HE, I KNOW HE WOULD DO A GOOD JOB AT TAKING CARE OF ANY ISSUES THAT MIGHT ARISE.

UM, THAT'S ALL I HAVE.

ARE THERE ANY QUESTIONS FOR ME? NO, SIR.

DOES ANYONE ELSE SIGNED UP MRS. SHIRAKI NO.

WOULD ANYONE ELSE LIKE TO SPEAK ON THIS ITEM AT THIS TIME? SECOND CALL, WOULD ANYONE ELSE LIKE TO SPEAK ON THIS THIRD AND FINAL CALL? KAREN IS NOW CLOSED.

THEY MET MADAM CHAIR.

YES, SIR.

DO YOU HAVE A QUESTION FOR MR. PETTY IS THE A, IF YOU HAVE TWO STRUCTURES THAT ARE THAT CLOSE ONE'S A LONG-TERM AND WAS A SHORT-TERM.

WHAT ARE THE IMPLICATIONS ON THAT? I MEAN, SO AGAIN, AS, AS STATED EARLIER, OBVIOUSLY LONG-TERM IS BY, RIGHT.

UM, YOU KNOW, AGAIN, BACK IN 2012, I'VE SAID I DID NOT WORK HERE AND WAS NOT PART OF THAT DISCUSSION, BUT YOU KNOW, THE A HUNDRED FOOT SETBACK DID COME INTO PLAY.

I THINK THAT JUST CAME AS A SENSE OF SECURITY.

IF YOU GO THROUGH A LOT OF THESE APPLICATIONS, UM, AND YOU HEAR A LOT OF THE COMMENTS, A LOT OF PEOPLE'S THOUGHTS ARE A SENSE OF SECURITY AND THEY MAY NOT KNOW THAT NEIGHBOR.

SO THEY JUST WANTED THAT PEACE OF MIND THAT THERE WAS SOME ADDITIONAL SEPARATION, UM, BY CODE, YOU KNOW, IF, IF THE BUILDINGS ARE CORRECT, THEY SHOULD BE 15 FEET FROM EACH PROPERTY LINE.

SO 30 FEET AT MINIMUM IS YOUR BUILD TOO.

SO THE A HUNDRED FEET NOW MUCH FURTHER, BUT, UM, YOU KNOW, I THINK THAT'S WHAT IT WOULD BE.

IF YOU LIVED IN ONE OF THOSE PROPERTIES, YOU MAY HAVE THOSE CONCERNS.

THAT'S WHAT WE HEAR.

UM, AND I THINK THAT WAS PART OF THE DISCUSSION BACK IN 2012, A WHY A HUNDRED FOOT JUST SEEMED APPROPRIATE, BUT WE DO HAVE PROPERTY SUCH AS THESE AS MR. CONNOR MENTIONED, THEY'RE NON-CONFORMING, THESE HOUSES WOULDN'T HAVE BEEN ABLE TO BE BUILT THIS CLOSE TODAY.

HE ALSO MENTIONED THAT THERE WAS ANOTHER PROPERTY THAT RECENTLY THE RECOMMENDATION IS FROM THE PLANNING COMMISSION FOR APPROVAL.

IT'S AT A 75 FOOT SETBACK.

UM, THE NEIGHBOR WHO SUPPORTED THE 75 FOOT IS ALSO GOING TO BE HIS PROPERTY MANAGER.

UM, SO AGAIN, AND WE WE'VE HAD, I HAVE THE LIST HERE.

IT WAS FOUR THAT HAD BEEN GRANTED, THE WAIVER ONE WAS NEVER EVEN ESTABLISHED.

UH, THE OTHER, THE PROPERTY OWNER OWNS BOTH DWELLINGS.

UM, AND THE OTHER TWO HAD HAD APPROVAL FROM THE NEIGHBORS.

SO MADAM CHAIR, WOULD IT BE POSSIBLE TO PUT A STIPULATION IN THERE THAT THE, THAT THE, UH, IF, IF A WAIVER IS GRANTED ON THIS, THAT THE PROPERTY HAS TO BE THAT BOTH PROPERTIES HAVE TO BE OWNED BY THE SAME PERSON, THEN OTHERWISE THE, UH, THE, THE, UH, THE SHORT-TERM RENTAL WOULD, YOU KNOW, IF, IF ONE OF THOSE PROPERTIES SELLS, THE SHORT-TERM RENTAL WOULD BE NULL AND VOID.

CAN WE DO THAT? YEAH.

SO WITH CONDITIONAL USE PERMITS, AND MAYBE MR. HAM MIGHT BE ABLE TO SPEAK TO LEGAL SIDE OF THINGS, BUT SINCE THEY LIVE WITH THE PROPERTY, THE BOARD OF SUPERVISORS DOESN'T HAVE THE AUTHORITY TO GRANT A CONDITION THAT IT WOULD LIKE A SUNSET CALL SAID, IT DIES WITH THE, LIKE, IT EXPIRES WITH THE PROPERTY OWNER.

IT, IT STAYS WITH THE PROPERTY.

YOU KNOW, THE CONDITIONS ARE SUPPOSED TO RELATE TO THIS PROPERTY.

I SEE WHAT YOU'RE GETTING AT.

AND I THINK IT'S A CLEVER IDEA, BUT THE LIMITED BY LAWS TO WHAT YOU CAN DO, THE CONDITIONS ARE SUPPOSED TO AFFECT THIS PROPERTY AND THAT CONDITION WOULD AFFECT THIS PROPERTY.

AND THE OTHER ONE, WHICH AGAIN, I SEE WHAT YOU'RE TRYING TO DO.

AND I THINK IT'S A CLEVER IDEA, BUT I DON'T THINK THAT WORKS.

THE OTHER CASE WITH THIS ONE IS THERE IS A PROPERTY, TWO PARCELS DOWN.

ANY OTHER DISCUSSION FROM THE BOARD? SO MR. PETTY, HAVE WE EVER APPROVED ANYTHING WITH 30 FOOT SETBACK? THE CLOSEST ONE WAS 38 BACK IN 2016.

AND AGAIN, THAT, THAT ONE WAS NEVER ESTABLISHED.

THE HOUSE HAS BEEN SOLD.

THE OTHER CLOSEST WOULD HAVE BEEN 40 FEET.

UM, AND THOSE, THE PROPERTY OWNER OWNED BOTH OF THEM, THOSE TWO DWELLINGS, BUT THOSE TWO DWELLINGS MET THE SETBACK FROM ALL THE OTHER DWAYNE'S THE A HUNDRED FOOT.

I THINK

[01:00:01]

THAT'S ALSO WITHIN THE 100 FEET.

UM, WE DID HAVE ONE IN 2019, UM, ON ROCKY LANE AND THE SETBACK WAS 63 FEET.

SO IS THERE A, HAS THERE BEEN ANY OBJECTION FROM THE PERSON AT 88? I RECEIVED A CALL FROM THEM, UM, SAID THAT THEY WOULD SEND A LETTER OR THAT THEY MAY BE HERE, BUT I DON'T BELIEVE THEY ARE.

AND I'VE NEVER RECEIVED ANY, ANYTHING FROM THEM OTHER THAN A PHONE CALL.

UM, THEY DID, THEY DIDN'T SAY THEY WERE IN FAVOR OF IT.

UM, BUT THEY ALL SAID THEY WOULD BE REACHING OUT TO ME.

AND THEN I GAVE THEM MY EMAIL AND THEY SAID GAVE HIM THE TIME AND DATE THEY HAVEN'T RESPONDED.

SO, SO WE HAVEN'T RECEIVED ANY OBJECTION TO THE SETBACK.

AGAIN, THE OTHER NEIGHBOR'S CONCERNS THAT WE'VE RECEIVED AT PLANNING COMMISSION WERE MORE ABOUT CHARACTER OF THE, UM, SUBDIVISION AND THE ROAD.

SOME PARKING ARE MOST OF THOSE PROPERTIES ON THE RIVER, SHORT-TERM TOURIST RENTALS OR RENTALS.

I BELIEVE I WOULD SAY MOST OF THEM ARE NOT FULL-TIME RESIDENTS.

UM, AND THIS, UM, AND SOME OTHER ONES, YOU KNOW, A LOT OF TIMES WHAT WE, THIS ONE WAS A ZONING VIOLATION, HOW WE GOT TO THIS POINT.

BUT A LOT OF TIMES WE DON'T REALLY HOLD THAT AGAINST THEM.

A LOT OF PEOPLE JUST AREN'T AWARE OF THE REGULATIONS.

AND, YOU KNOW, AS SOON AS MR CONNOR FOUND OUT, HE PROMPTLY TURNED IN HIS APPLICATION, BUT NO, A LOT OF THOSE I THINK ARE SECOND HOMES, VACATION HOMES.

AGAIN, WE HAVE ONE, IF YOU WERE TO MAKE THE OTHER TURN, THAT ONE WILL BECOME IN FRONT OF YOU FOR A PUBLIC HEARING.

AND THEN AS YOU ARE AWARE ACROSS THE RIVER AND GENDER SHORES, THAT IS BECOMING MORE OF A POPULAR DESTINATION FOR THESE RIVERFRONT COMMUNITIES FOR SHORT TERM, TOURIST RENTALS, ANY OTHER DISCUSSION? IS THERE A MOTION ON THIS? I MOVE THAT THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT REQUEST OF DAVID CONDOR FOR A SHORT TERM, TERVIS RENTAL WITH THE CONDITION SAYS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF.

IS THERE A SECOND? I'LL SECOND.

IT, SO MADAM CHAIR, CAN I, CAN I MAKE SURE THAT I UNDERSTAND WHAT THE, WHAT THE MOTION IS? THAT'S TO APPROVE IT, TO APPROVE IT? OKAY.

SORRY.

I'M NOT THE MADAM CHAIR.

WELL, I WAS GOING TO DEFER TO MR. PETTY IN CASE YOU HAVE MORE TECHNICAL QUESTIONS THAN THAT, BUT, UH, THAT'S GOOD.

YEAH.

THE MOTION IS TO APPROVE WITH THE CONDITIONS THAT ARE ON THE COVER SHEET.

SO IT WOULD, IT WOULD INCLUDE THAT WAIVER.

CONDITIONAL USE PERMIT 2021 DASH 11 DASH OH SEVEN, DANIELLE AND DAVID .

MOTION HAS BEEN MADE.

AND SECOND, MRS. SHIRAKI ROLL CALL MR. BUTLER.

NO, MRS. YES.

AND I'M GOING TO TELL YOU WHY I'D LIKE TO TELL YOU WHY I'M SAYING I, BECAUSE HE CURRENTLY OWNS BOTH THE PROPERTIES.

HE HASN'T SOLD THEM YET.

HE'S GOING TO KEEP THE ONE THAT'S BESIDE HIM.

SO HE'S THE ONLY PERSON WHO CAN OBJECT TO THE ONE BESIDE HIM.

SO THEREFORE, LOGICALLY IT SEEMS THAT THIS IS A NON-ISSUE OTHER THAN WE HAVE TO, TO GIVE A WAIVER, UH, THAT IS THE LEAST AMOUNT OF WAIVER THAN WE'VE EVER GIVEN, BUT THESE ARE NON-CONFORMING PROPERTIES ANYWAY.

SO I'M NOT SURE THAT THAT REALLY FACTORS IN TO THE DECISION.

SO I, SORRY, THAT'S A LONG, BUT I JUST WANT TO EXPLAIN MYSELF, MADAM CHAIR.

AND WE ARE ON TO

[I.6. Conditional Use Permit 2021-11-07, Danielle and David Kibiloski for a Bed-andBreakfast Located at 990 Hillandale Road and Identified on Tax Map 30C, Section 1, Block 5, as Lot 50 – Matt Wendling]

I HOPE, I DIDN'T SAY THAT TOO BAD.

KIBBLE LASKI ALMOST, UH, FOR A BED AND BREAKFAST LOCATED AT 99, 9 90 HILLANDALE ROAD IN IDENTIFIED ON TAX MAP, 30 C-SECTION SECTION ONE BLOCK FIVE IS LOT 50.

MR. WENDLING.

THEY PLAN TO HAVE TRANSPORT SERVICE TO PICK UP THE HIKERS AT THE TRAIL HEAD AND TO BRING THEM BOTH TO THE RESIDENCE AND DOWNTOWN AREA FOR SHOPPING DINING IN, AT SOME OF THE LOCAL EATERIES, UH, THEY WILL OFFER HOT SHOWERS, A WARM BED, HARDY BREAKFAST TO GET THEM ON THEIR, AND THEY HAVE ALSO DESIGNATED THEIR BUSINESSES A 4 0 1 3 C IN ORDER TO MAKE CONTRIBUTIONS OF SOME OF THEIR PROFITS TO THE NORTHERN VIRGINIA FOUR H CENTER ENDOWMENT FUND TO BENEFIT YOUTH CAMPERS COMING TO THE FOUR H CENTER.

I'D LIKE TO JUST POINT OUT.

THIS IS IN THE HAPPY CREEK MAGISTERIAL DISTRICT, NOT IN THE SOUTH RIVER MAGISTERIAL DISTRICT.

UH, THE APPLICANTS ARE REQUESTING THIS CONDITIONAL USE PERMIT IN ORDER TO RENT ROOMS IN THEIR HOME FOR LESS THAN 14 DAYS.

UM, THE DEFINITION FOR BED AND BREAKFAST DOES ALLOW FOR 2020 TRANSIENT GUESTS, UM, IN THEIR STATEMENT OF JUSTIFICATION, THE APPLICANT STATE THAT THEIR BNB WILL SERVE THE THROUGH HIKERS TO THE APPLICANT APPALACHIAN TRAIL FROM APRIL THROUGH JULY,

[01:05:01]

UH, THIS PROPERTY IS LOCATED IN A SUBDIVISION WITH SINGLE FAMILY DWELLINGS AND IS MOSTLY FORCED IT, UM, AND SERVED BY PRIVATE ROADS.

WE'VE RECEIVED A COUPLE OF, UH, LETTERS FROM PEOPLE IN THE COMMUNITY, UH, VOICING SUPPORT.

ONE WAS FROM SUSAN SHEER HEART.

UH, SHE'S THE CHAIR OF THE FRONT ROW OF WARREN COUNTY, APPALACHIAN TRAIL, COMMUNITY, AND PRINCIPAL GUIDE FOR NEXT BEN ADVENTURES, LLC.

SHE WAS IN FULL SUPPORT OF THIS APPLICATION.

ALSO, WE'VE RECEIVED A LETTER FROM, UH, AN EMAIL FROM THE MOUNTAIN HOME SCOTT AND LISA JENKINS OPERATE THAT BED AND BREAKFAST WITH SERVES, UH, APPALACHIAN TRAIL HIKERS.

AND THEY ARE IN FULL SUPPORT OF THIS APPLICATION.

UH, THEY FEEL THAT IT WOULD BE A BENEFIT FOR THEM TO BE ABLE TO GIVE HI, UH, ANOTHER LOCATION OCCURS IF THEY ARE FULL.

UM, THE PLANNING COMMISSION HAS MOVED THIS FORWARD WITH THE FOLLOWING CONDITIONS.

UM, NUMBER ONE, THE APPLICANT SHALL COMPLY WITH WARREN COUNTY HEALTH DEPARTMENT, MORGAN COUNTY BUILDING INSPECTIONS IN VIRGINIA STATEWIDE, FIRE PREVENTION, CODE REGULATIONS AND REQUIREMENTS.

NUMBER TWO, THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED EIGHT.

AS DETERMINED, ACCORDING TO THE HEALTH DEPARTMENT, OPERATIONAL PERMIT FOR A FOUR BEDROOM DWELLING AND SEPTIC SYSTEM.

NUMBER THREE, THE APPLICANT SHALL HAVE THE WELL WATER TESTED ANNUALLY FOR ECO-LINE CALIFORNIA BACTERIA, AND A COPY OF THE RESULTS SHALL BE SUBMITTED TO THE PLANNING AND HEALTH DEPARTMENTS.

NUMBER FOUR, THE APPLICANT SHALL HAVE THE SEPTIC SYSTEM INSPECTED ANNUALLY BY STATE LICENSED INSPECTOR COPY OF THE RESULTS SHALL BE SUBMITTED TO PLANNING AND HEALTH DEPARTMENTS.

AND THAT COPY SHOULD ALSO BE THE SYSTEM SHOULD ALSO BE SERVICED EVERY FIVE YEARS AS RECOMMENDED BY THE HEALTH DEPARTMENT.

AND A COPY OF THAT SERVICE INVOICE SHALL BE PROVIDED TO PLANNING DEPARTMENT NUMBER FIVE, THE PROPERTY BOUNDARIES OR LIMITATIONS WITHIN THE PROPERTY BOUNDARIES, WHERE TRANSIENTS ARE ALLOWED ARE ALLOWED, MUST BE CLEARLY MARKED AT ALL TIMES.

AND NUMBER SIX, THE PROPERTY SHALL PROVIDE TRANSPORTATION.

THE PROPERTY OWNER, EXCUSE ME, SHALL PROVIDE TRANSPORTATION FOR GUESTS TO AND FROM THE PROPERTY, UH, SINCE THE PLANNING COMMISSION MOVE THIS FORWARD WITH THEIR APPROVAL IN DECEMBER, UH, THE APPLICANT, MR. HAS BEEN ABLE TO COMPLETE AN EXPANSION OF THEIR DRAINFIELD.

HE CURRENTLY HAD HAD AN OPERATIONAL PERMIT IN WITH THE HEALTH DEPARTMENT.

IT WILL, IT ALLOWS HIM TO HAVE 10 PERSON OCCUPANCY TO SERVE THE, UH, THE SERVICE HOUSE.

THOSE 10 PEOPLE WOULD INCLUDE MR. KIBBLE LASKEY AND HIS WIFE.

SO HE WOULD BE REQUESTING AS A PART OF THIS, UH, PUBLIC HEARING TO INCREASE THE MAXIMUM NUMBER OF OCCUPANTS, UH, IDENTIFIED IN CONDITION NUMBER TWO FROM EIGHT TO 10.

AND, UH, IN MY DISCUSSION WITH, UH, MR. HAM, HE SAID, UM, THAT IS APPROPRIATE.

AS LONG AS WE NOTIFY YOU, WHAT THE PLANNING COMMISSION HAS APPROVED, WHICH WAS ORIGINALLY THE EIGHT.

UM, MR. KIBBLE ASCII IS HERE THIS EVENING.

THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED, ADJACENT PROPERTY OWNERS NOTIFIED.

AND I'D BE GLAD TO ANSWER ANY QUESTIONS I MIGHT DO.

DO YOU, DO YOU HAVE THE UPGRADED, THE SEPTIC SYSTEM UP TO 10? YEAH.

HELPED SHEPHERD US ALONG OVER THE PAST YEAR HAS BEEN, UH, INSTRUMENTAL, UH, THE, THE SEPTIC TANK.

THAT WAS ALL PERMITTED BY THE HEALTH DEPARTMENT.

WE WILL MAKE SURE I DON'T HAVE THAT OPERATIONAL PERMIT IN HAND, BUT WE WILL MAKE SURE THAT THAT IS DONE.

UH MR. KIBBLE LASKEY WAS IN THE PROCESS OF HAVING THAT ALL WORKED ON IN THE PAST TWO MONTHS, BASICALLY.

SO, UH, WE WILL MAKE SURE THAT WE HAVE THAT PAPERWORK IN ORDER TO VERIFY, AND I DID NOT HAVE THAT.

UM, TODAY WHEN I WAS THANK YOU WITH THE APPLICANT LIKE TO SPEAK AT THIS TIME, MADAM CHAIRMAN MEMBERS OF THE BOARD.

I'M DAVID KIMBALL, LAWSKY 9, 9 0 HILLANDALE ROAD.

AND, UH, APPRECIATE YOUR TIME TONIGHT, UH, TO ALLOW MY WIFE AND I, TO PROCEED WITH A LIFELONG DREAM OF BEING ABLE TO GIVE BACK TO THE TRAIL AND THE PEOPLE THAT LIVE ALONG THE APPALACHIAN TRAIL HAS GIVEN US SO MUCH IN OUR LIVES MOST RECENTLY IN 2018 WHEN WE HIKED THAT DOGGONE THING.

SO, UM, A COUPLE OF THINGS HAVE CHANGED AND MATT WHO'S

[01:10:01]

THANK GOODNESS.

ABOUT TWO WEEKS AGO, THEY FINALLY, I LEARNED MORE ABOUT SEPTIC TANKS IN THE LAST YEAR THAT I'VE, AND I GREW UP ON A RANCH IN WEST TEXAS.

SO I, I KNEW SEPTIC TANKS.

I DIDN'T KNOW ABOUT THIS ALTERNATIVE SYSTEM, WHICH IS PRETTY NEAT BECAUSE WHAT COMES OUT AT THE END, IT LOOKS ALMOST LIKE TAP WATER.

AND, UH, THE GREENWAY ENGINEERS DECIDED THAT WOULD BE THE BEST MATCH AND WOULD, UH, SUIT THE, THE AMOUNT OF FOLKS THAT WE HAVE GOING THROUGH.

SO THAT, THAT WAS REAL GOOD.

UH, ONE OF THE CONCERNS WHEN WE WERE HERE A COUPLE OF MONTHS AGO WAS THE BOUNDARIES.

WHERE WOULD, UH, FOLKS STAYING AT THE BED AND BREAKFAST BE ALLOWED TO ROAM OUTSIDE? AND, UH, IT WAS A GOOD POINT CAUSE THE, THE GENTLEMAN WHO CAME UP AND TALKED ABOUT IT SAID, HEY, WE, WE OWN TURKEYS OUT HERE IN APRIL.

AND, UH, WE DON'T NEED YOUR PEOPLE, YOU KNOW, RUNNING AROUND.

SO NOT ONLY DID WE, WE ALREADY PUT UP NO TRESPASSING SIGNS POINTED AT THEM.

UH, RON RIGHT HERE AT A MOUNTAIN FENCE RIGHT HERE IN FRONT, ROYAL'S GONNA PUT A 100 BY 150 BY 150, BY 150, THEN A LITTLE BIT BACK TO THE HOUSE, FENCE UP ONE FOR THE HIKERS.

CAUSE THEY GET CRAZY.

NOT REALLY, BUT FOR OUR LITTLE PUPPY, JOE, OUR BORDER COLLIES.

SO THAT'LL, THAT'LL BE WHAT THEY ARE ALLOWED TO, UH, OCCUPIED.

I'LL MAKE THAT PERFECTLY CLEAR.

UH, WE GOT A WATER TEST, UH, LAST MONTH DONE, SO WE'RE GOOD THERE.

UM, INSURANCE IS COMING ALONG, UH, WORKING WITH TOW INSURANCE FOLKS TO MAKE SURE THAT THE BED AND BREAKFAST, AND THIS WAS RECOMMENDED BY SCOTT, LISA AT MOUNTAIN HOME.

CAUSE WE, I WAS OVER MY HEAD.

I REALIZED RIGHT AWAY.

WELL, THAT'S A LITTLE BIT MORE THAN JUST A, HEY, I COOKED A GREAT BREAKFAST TODAY.

SO WE WANT TO STAY, UH, UH, GOOD TO GO.

UH, ANOTHER QUESTION CAME UP WITH THE TRANSPORTATION TO, AND FROM THE, UM, THE TRAILHEAD AND BACK, WE HAVE A 15 PASSENGER VAN.

UH, WE DON'T CHARGE ANYBODY TO GET IN THAT VAN AND GO ANYWHERE THEY WANT TO GO.

SO WE GO TO THE TRAILHEAD PEOPLE, STAYING AT STUMBLE IN MOUNTAIN HOME.

THEY JUST WANT TO GO TO SPELUNKERS AND HAVE THE BEST BURGER OF THE WORLD, WHATEVER IT IS THEY WANT TO DO.

I TAKE THEM, I DON'T CHARGE HIM.

SO I LOOKED UP THE VIRGINIA CODE ON THE DMV WEBSITE.

WHAT CONSTITUTES CDL? WHERE WAS THE LINE? I NEVER REALLY THOUGHT ABOUT WHY SO MANY, 15 PASSENGER VANS ARE BEING BUILT, BUT THOSE 16 PASSENGER VANS CAUSE THAT'S THE LINE.

SO IT'S EITHER HEAVY DUTY, HAZARDOUS WASTE STUFF.

UH, THEN THERE WAS ALSO THE CONCERN AND I TALKED TO GEICO AND USAA GEICO HAS THE INSURANCE POLICY ON THE VAN, BUT I'VE DONE A LOT OF BUSINESS WITH USAA.

IT JUST TRUSTED THEM.

I SAID, I DON'T TAKE ANY DIRECT AND I BELIEVE INDIRECT COMPENSATION FROM THE VAN.

AND THEY SAID, THEN YOU DON'T HAVE TO WORRY ABOUT ANY TYPE OF, UH, UBER TYPE OF CONTRACT OR WORKING, YOU KNOW, GET US SOME SORT OF HACKED, LICENSED TAXI LICENSE, SOMETHING LIKE THAT.

I SAID, OKAY.

I JUST WANTED TO BE CLEAR ON THAT.

SO, UM, SO I THINK WE'RE GOOD.

LET'S SEE.

UH, OTHER THAN THAT, I JUST LIKE TO ANSWER ANY QUESTIONS YOU MAY HAVE AND AGAIN, APPRECIATE YOUR TIME.

JUST WANTING TO GET YOU ALL UP TO DATE WITH WHERE WE'VE BEEN.

I'M GOING TO GO AHEAD AND OPEN THE PUBLIC HEARING.

DOES ANYBODY HAVE A QUESTION AT THIS POINT? NO.

FOR THE HIKING COMMUNITY AND I DID SHUTTLE SEVERAL GUESTS TO THEIR PROPERTY LAST YEAR AND THOSE GUESTS PROVIDED POSITIVE REVIEWS.

THANK YOU, MRS. SHIRAKI.

DID ANYONE SIGN UP TO SPEAK ON THIS? UH, YES, MA'AM AND I DO APOLOGIZE IF I MISPRONOUNCE YOUR NAME.

UH, SUSAN'S YOUR HEART.

HEY, HI, GOOD EVENING.

MADAM CHAIR AND MEMBERS OF THE BOARD.

MY NAME IS SUSAN SHEWHART AND AS IT WAS MENTIONED EARLIER, I HAD SUBMITTED A LETTER I'M IN FULL SUPPORT OF THE APPLICATION BY THE TO, UM, OPERATE THIS, UM, BED AND BREAKFAST HERE IN THE AREA.

I DO SERVE AS THE CHAIRPERSON OF THE LOCAL APPALACHIAN TRAIL COMMUNITY COMMITTEE.

AND, UM, THE FRONT WORLD WARREN COUNTY AREA WAS DESIGNATED UNDER THE APPALACHIAN TRAIL CONSERVANCY.

UM, FOR THIS PROGRAM BACK IN 2012 AND THE PARTICIPATION IN THIS PROGRAM IS ACTUALLY AIMED TO ENGAGE COMMUNITY CITIZENS, THE TRAIL, VISITORS, STEWARDS, THOSE WHO MAINTAIN THE TRAIL, UM, TO ACT AS A CATALYST FOR ENHANCING SUSTAINABLE ECONOMIC DEVELOPMENT AND TO WORK ON CONSERVATION ISSUES AND TO HELP LOCAL COMMUNITY MEMBERS SEE THE TRAIL AS A RESOURCE AND AN ASSET.

AND I HAVE TO SAY THAT WHEN I MET, UM, DAVID AND DANIEL, DANIELLE LAST YEAR, WHEN I TOURED THEIR PROPERTY, I SAW THAT THEY CERTAINLY WERE WORKING TOWARDS HELPING US MEET OUR GOAL IN, UM, PROVIDING THE HIKING COMMUNITY HERE WITH A WONDERFUL PLACE FOR HIKERS TO FIND RESPITE AND, UM, YOU KNOW, GET SOME REST, ENJOY WHAT OUR AREA HAS TO OFFER AND THEN TO BE ON THEIR WAY.

UM, I HAVE TO SAY THAT I FIND THAT WHAT THEY'VE DONE AT THE PROPERTY IS REALLY WONDERFUL.

IT REALLY SPEAKS TO THE UNIQUE NEEDS OF THE HIKING COMMUNITY, PLUS ANYBODY ELSE WHO MIGHT WANT TO COME AND STAY THERE AND ENJOY THE AREA.

UM, I HAVE ALSO THROUGH MY, UM, BUSINESS NEXT BLENDED VENTURES, WHICH, UM, LEADS GUIDED HIKES AND BACKPACKING TRIPS.

I ALSO DO SHUTTLING SERVICES

[01:15:01]

SO THAT JUST PROVED WHAT I ALREADY KNEW THAT THEY ARE WONDERFUL GUESTS AND AMBASSADORS TO OUR AREA.

UM, I DID WANT TO JUST POINT OUT SOMETHING THAT YOU MAY NOT BE AWARE OF THAT EVERY YEAR WE DO COMPILE A LIST OF LOCAL SHUTTLE OPERATORS AND WE POST THEM IN A NUMBER OF AREAS IN TOWN PLUS ONLINE RESOURCES LIKE GUT HOOKS AND THINGS LIKE THAT, THAT THE HIKERS ACCESS IN SOCIAL MEDIA OUTLETS, UM, THAT WAY, UM, WE ENSURE SAFE TRANSPORT TRANSPORT OF ALL THE HIKERS TO, AND FROM WHATEVER LODGINGS THEY CHOOSE OR INTO TOWN TO RESUPPLY TO BASE CAMP SO THEY CAN GET FREE SHOWERS OR FREE LAUNDRY AND THOSE TYPES OF THINGS.

SO, UM, I KNEW THAT THERE WAS A TRANSPORTATION CONCERN, SO I JUST WANTED TO LET YOU KNOW THAT WE'RE ON IT.

PLUS WE WORK WITH, UM, THE, UM, THE TROLLEY THAT GOES FROM THE TRAILHEAD INTO TOWN EVERY YEAR TO MAKE SURE THAT THERE'S AN INADEQUATE SCHEDULE TO SUPPORT THAT EFFORT AS WELL.

SO I THANK YOU FOR YOUR TIME TONIGHT AND I HOPE YOU CONSIDER, UM, THIS ADDITIONAL SUPPORT WHEN VOTING ON THIS CONDITIONAL USE PERMIT APPLICATION.

I WOULD RECOMMEND ALL HIKERS DAY AT STUMBLE IN AND QUOTE WHEN INVEST TIME INTO A, THROUGH HIKE.

ANYONE ELSE? MRS. SHARKEY? UH, YES.

ROSE TURNER.

HELLO, THANK YOU FOR HAVING ME.

MY NAME IS ROSE TURNER.

I LIVE AT 2032 MARY SHADY LANE.

I'M COMING TO YOU TODAY AS A THROUGH HIKER, A DONATION-BASED SHUTTLE DRIVER AND A TOWNSPERSON.

UM, AND I WOULD LIKE TO SPEAK TO YOU TODAY ABOUT THE IMMEDIATE AND LONG-TERM ECONOMIC AND SOCIAL BENEFITS OF SUPPORTING DANIEL AND SORRY, DANIELLE AND, AND DAVID.

UM, FROM WHAT I HAVE SEEN WORKING AROUND TOWN AND INTERACTING WITH TOURISTS REGULARLY, NEARLY EVERYONE WHO COMES TO VISIT PRINT ROYAL IS COMING HERE TO GO TO GET OUTSIDE.

WE ARE KNOWN FOR OUR TRAILS AND OUR WATERS.

PEOPLE COME FROM ALL OVER THE WORLD TO ENJOY THE CANOE CAPITAL OF VIRGINIA, THE GATEWAY TO SKYLINE DRIVE.

AND, UM, OF COURSE THE FAVORITE TRAIL TOWN OF MANY, A THROUGH HIKER.

I'M SURE MANY OF YOU IN THIS ROOM KNOW THE FAMOUS 2,200 MILE APPALACHIAN TRAIL GOES RIGHT BY OUR LITTLE TOWN, SORRY, IN A GIVEN YEAR UPWARDS OF A THOUSAND THROUGH HIKERS AND SECTION HIKERS COME INTO FRONT ROYAL TO RESUPPLY ON THEIR FOOD AND GEAR AND GET SOME MUCH NEEDED REST.

ALMOST EVERY SINGLE ONE OF THESE HIKERS COMES INTO AT LEAST ONE OR TWO OF OUR LOCAL BUSINESSES AND MAKES A PURCHASER TO BRENT.

ROYAL IS BECOMING MORE AND MORE OF A FAVORITE TRAIL TOWN AND BEING ABLE TO PROVIDE SUCH A HIKER FRIENDLY PLACE FOR FOLKS TO STAY IS AN OBVIOUS CHOICE FOR THE RECORD.

I WILL BE USING THE WORD HOSTILE IN THE, NOT IN THE BUSINESS LEGAL EASE WAY, UM, BUT IN THE BROADER, UM, HIKER DEFINITION OF JUST A SAFE PLACE FOR HIKERS TO SAY INSIDE.

UM, SO, UH, THAT BEING SAID, UM, DURING MY THROUGH HIKE OF THE APPALACHIAN TRAIL, UM, AND SINCE THEN I HAVE STAYED IN OR SEEN AT LEAST 30 OF THE DIFFERENT HOSTELS ALONG THE TRAIL AND FAR AND AWAY STUMBLING IS ONE OF THE VERY BEST, UM, IT IS EXTREMELY CLEAN.

I THINK IT'S EASILY THE CLEANEST ON THE TRAIL.

UM, IT BENEFITS FROM ALSO BEING ONE OF THE NEWEST BUILDINGS.

UM, BUT IT IS, UM, VERY HYGIENIC PLACE TO STAY, WHICH IS NOT SOMETHING I CAN SAY ABOUT MANY OF THE OTHER HOSPITALS.

UM, UH, UH, THEY ALSO PROVIDE A NUMBER OF AMENITIES THAT ANY HIKER OR ADVENTURE OF ANY KIND MIGHT NEED.

UM, OF COURSE, AS, UH, DAVID ALREADY STATED, UM, THEY THROUGH HIKED AS THEMSELVES A COUPLE OF YEARS AGO AND THEY ARE ABLE TO ANTICIPATE ALL THE NEEDS OF THEIR GUESTS, UM, WHICH GOES SUCH A LONG WAY.

UM, UM, I WOULD LIKE TO READ TO YOU, UM, A REVIEW FROM A HIKER WHOSE TRAIL NAME IS PHANTOM.

SHE, UH, HIKED THE TRAIL LAST YEAR AND STAYED AS STUMBLE IN.

SHE SAID, QUOTE, WE STAYED FOR A COUPLE OF NIGHTS AT STUMBLE AND IN FRONT ROYAL.

AND IT WAS MY VERY FAVORITE HOSTEL OF MY ENTIRE TIME ON THE APPALACHIAN TRAIL.

DAVID AND DANIELLE WERE INCREDIBLY GRACIOUS HOSTS AND CARETAKERS AND MADE OUR STAY FEEL HOMEY WHILE ALSO BEING VERY CLEAR ABOUT EXPECTATIONS AROUND TIME LOGISTICS, HYGIENE, CLEANLINESS.

I KNEW THIS WAS A PLACE I WOULD FEEL SAFE AND HAVE SOME TRUE REST AND RECOVERY.

DAVID AND DANIELLE WENT OUT OF THEIR WAY TO PROVIDE EXCELLENT SERVICE AND CARE TO HIKERS.

OH, AND DAVID'S BISCUITS AND GRAVY FOR BREAKFAST WAS ONE OF THE BEST THINGS I ON TRAIL,

[01:20:02]

MOST PEOPLE COME AWAY WITH A PROFOUND LESSON IN KINDNESS.

PEOPLE ARE ALWAYS LOOKING OUT FOR EACH OTHER, OUT ON THE TRAIL.

A SMALL DOSE OF KINDNESS CAN LIFT A HIKER SPIRIT ENOUGH TO KEEP THEM GOING FOR DAYS.

DANIELLE AND DAVID INVEST KINDNESS INTO EACH OF THEIR GUESTS AND IT SHOWS FORMER THROUGH HIKERS THEMSELVES.

THEY ARE ABLE TO ANTICIPATE ALL THE NEEDS OF THEIR HIKERS.

THE WAY THAT KIND OF HOSPITALITY HOSPITALITY CAN BOOST UP A HIKER IS TOO PROFOUND TO PUT INTO WORDS, EMPOWERING DANIELLE AND DAVID AND THEIR BUSINESS IS AN EASY CHOICE TO MAKE BECAUSE EMPOWERING THEM WILL SURELY EMPOWER HUNDREDS OF PEOPLE EACH YEAR.

IT'LL HELP MAKE THE WORLD A KINDER AND LESS LONELY PLACE.

THANK YOU QUESTIONS FOR ME.

ANYONE ELSE, MRS. SHIRAKI NO MA'AM WOULD ANYONE ELSE LIKE TO SPEAK AT THIS TIME, SECOND CALL ANYONE ELSE LIKE TO SPEAK? THIRD CALL PUBLIC HEARING IS CLOSED.

IS THERE A MOTION ON THIS ITEM? JUST REMEMBER THAT THE PROPOSER SUGGESTED MOTION WOULD BE FOR, UM, THE EIGHT OCCUPANTS, BUT THEY ARE NOW HAVE A PERMIT OR WILL SOON HAVE A PERMIT FOR 10.

SO IF YOU WANT TO GIVE THEM EVERYTHING THEY WOULD ASK FOR, YOU WOULD ADD TO THE END OF THE MOTION WITH THE EXCEPTION OF THERE BEING AN OCCUPANCY LIMIT OF 10.

IF YOU WANTED TO DO THAT.

OKAY, WELL I WILL MAKE THE MOTION THEN MADAM CHAIR, I MOVE THAT THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT REQUEST OF DANIELLE AND DAVID, KEVIN LAWSKY FOR A BED AND BREAKFAST WITH THE CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF WITH AN OCCUPANCY RATE OF TEN SECOND.

SECOND ROLL CALL, MRS. SHIRAKI MR. MABE, MRS. COOK.

I MADAM CHAIR.

I MRS. OATES, MR. BUTLER, RIGHT? SOUNDS LIKE WE'RE GOING TO BE MAKING A LOT MORE BISCUITS AND GRAVY.

USE PERMIT 2021 DASH 12 DASH OH TWO.

CONDITIONAL

[I.7. Conditional Use Permit 2021-12-02, John Lavoie for a Short-Term Tourist Rental Located at 1196 Old Oak Lane and Identified on Tax Map 7A, Section 4, as Lot 15 – Matt Wendling]

AND I APOLOGIZE IF I SAY THIS NAME WRONG, JOHN , UH, FOR A SHORT TERM TOURIST RENTAL LOCATED AT 1196 OLD OAK LANE IDENTIFIED ON TAX MAPS, SEVEN, EIGHT, SECTION FOUR AS LOT 15 MR. WENDLING.

THE APPLICANT RECENTLY PURCHASED THIS PROPERTY IN JANUARY OF 2021.

HE LIKED TO BE ABLE TO OPEN IT AS A SHORT-TERM TOURIST RENTAL IN ORDER TO DEFRAY THE COST FOR MAINTENANCE INSURANCE MORTGAGE OF THE PROPERTY.

UM, THE APPLICANT STATES, HE DOES PLAN TO RENT IT PART-TIME BECAUSE HE WOULD LIKE TO USE IT FOR HIS FAMILY.

UM, AS A SECOND HOME HE'S, UM, RETAINED AN EXPERIENCED PROPERTY MANAGEMENT COMPANY, UH, WHICH WILL BE HELPING HIM MANAGE THE PROPERTY WHEN HE'S NOT ON SITE.

UH, THE PLAN THE OWNER HAS MADE A NUMBER OF IMPROVEMENTS TO THE CURRENT ONE BEDROOM CABIN.

UM, HE DID EXPAND IT TO TWO BEDROOMS AND A TWO BATH.

THE HEALTH DEPARTMENT HAS GIVEN AN APPROVAL FOR A SEPTIC FIELD OF A THREE BEDROOM, WHICH WOULD SERVE SIX, UH, OCCUPANTS.

UM, THE PROPERTY DOES MEET THE S UH, SETBACKS OF A HUNDRED FEET.

IT'S 270 FEET FROM THE NEAREST DWELLING.

AND THERE ARE A NUMBER OF VACANT LOTS AROUND THIS PROPERTY.

WE'VE RECEIVED, UH, COMMENTS FROM THE SHANDO FARMS, UH, PROPERTY OWNERS ASSOCIATION, UH, BASICALLY STATING THAT, UH, THE POS F IS VERY SUPPORTIVE OF SHORT TERM TOURIST RENTALS.

THE BENEFITS, UH, OUTWEIGH THE NEGATIVES, UH, PROPERTIES IN SHORT-TERM TOURIST RENTALS, UH, MUST BE MAINTAINED.

OTHERWISE PEOPLE WILL NOT RENT THESE PROPERTIES, CONTRIBUTE TO THE FINANCIAL NEEDS OF THE COMMUNITY COMMUNITY WITH OUT THE FINANCIAL DRAIN.

UM, AN EXAMPLE WAS GIVEN FOR LESS WEAR AND TEAR ON THE ROADS AND THE CUP HELPS TO ENSURE PROPERTY MAINTENANCE AND MANAGEMENT OF THE PROPERTY.

UH, THIS IS FROM MR. RALPH RINALDI, P O S F CHAIR.

UH, THE BOARD MOVED THIS FORWARD WITH THEIR STANDARD, UH, RECOMMENDATIONS FOR CONDITIONS.

I'LL FOREGO READING ALL OF THEM, EXCEPT FOR NUMBER TWO.

UH, THAT'S THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED SIX IS DETERMINED ACCORDING TO THE HEALTH DEPARTMENT, OPERATIONAL FROM IT FOR A THREE BEDROOM DWELLING.

THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED JACE PROPERTY OWNERS NOTIFIED MR. LEVOY IS HERE, AND I'D BE GLAD TO ANSWER ANY QUESTIONS WITH THE APPLICANT LIKE TO SPEAK AT THIS TIME.

[01:25:09]

UH, GOOD EVENING.

AND THANK YOU TO EACH OF YOU FOR CONSIDERING MY APPLICATION.

I DON'T HAVE MUCH TO ADD TO IT OTHER THAN TO JUST REITERATE HOW PERSONALLY COMMITTED I AM TO ENSURING THAT THIS PROPERTY IS MANAGED IN A WAY THAT BENEFITS THE NEIGHBORHOOD, THE LOCAL ECONOMY, AND IMPROVES THE VALUE OF THE PROPERTY.

IT'S BEEN A DREAM OF MINE FOR MANY YEARS TO OWN AND MANAGE A PROPERTY LIKE THIS.

UH, I, ALONG WITH MY SIX-YEAR-OLD SON HAVE BEEN VISITING THE PROPERTY ON THE WEEKENDS FOR THE PAST YEAR, UH, DOING IMPROVEMENTS TO THE LANDSCAPING AND, UM, VARIOUS OTHER PROJECTS.

UM, AND I'D LIKE TO NOTE, UH, JUST TO REITERATE THAT THE SHADOW FARMS, UH, POA HAS ALSO, UH, SUPPORTED, UH, THIS EFFORT.

AND I'D BE HAPPY TO ANSWER ANY OTHER QUESTIONS YOU MAY HAVE.

PUBLIC HEARING IS OPEN.

DO WE HAVE ANY QUESTIONS AT THIS TIME FOR MR. LEVOY? OKAY, MRS. SHIRAKI DID ANYONE SIGN UP FOR THIS? UH, YES.

MA'AM ABDUL CON.

HI, GOOD EVENING.

AND I'M CHAIRING THE BOARD.

UM, I, UM, UH, VACANT LOTS AROUND THIS PROPERTY.

UH, TWO OF THEM THAT ARE ADJOINING, THEY ACTUALLY HAVE TWO LOTS THAT THEY'RE, THEY'RE BUILDING THIS, UH, VACATION RENTAL ON I'M IN SUPPORT OF THE VACATION RENTAL.

I'VE HAD THESE LOTS IN MY FAMILY FOR, UM, 45, 40, 45 YEARS NOW, WHEN I WAS, UH, JUST A BABY, MY DAD BOUGHT THESE LOTS IN SHANDO FARMS AND ENTITLED THEM TO ME, YOU KNOW, AS A TRUST FOR ME.

UM, WE USED TO GO UP THERE ON THE WEEKENDS AND IT HAPPENS TO BE LIKE A MOUNTAIN.

LIKE I CALL IT THE MOUNTAIN AND IT'S THE MOST BEAUTIFUL PLACE IN THE WORLD.

THERE'S A LITTLE ROCK AND YOU LOOK OVER THE ROCK AND YOU CAN KIND OF SEE THE ROAD IN THE, IN THE SUMMERTIME.

YOU CAN'T, UM, THE, THIS NEW RENTAL YOU KIND OF SEE IN THE WINTER TIME, BUT THE SUMMERTIME YOU CAN'T.

UM, SO I, I NOTICED THAT RIGHT NOW, THERE THERE'S A TREE FENCE, UM, FOR THE ACTUAL NEIGHBORS WITH HOUSES, BUT I THINK I PAY LIKE HALF THE AMOUNT OF TAXES AS THE PEOPLE WITH HOUSES.

SO IT'S IMPORTANT TO REMEMBER, UH, VACANT LOTS ALSO, YOU KNOW, I SHOW I DON'T HAVE A PLACE OR YET ONE DAY, HOPEFULLY IT'S A DREAM OF MINE TO BUILD A PLACE UP THERE.

SO JUST, UH, UM, I, I FULLY SUPPORT PEOPLE VISITING THIS BEAUTIFUL PLACE IN THE WORLD, BUT I WANT LEAVE NO TRACE.

SO MAYBE IN THE DOCUMENTS FOR THE AIRBNB OR WHATEVER THEY COULD SAY, JUST AS LONG AS YOU LEAVE NO TRACE.

SO THAT WAS ONE OF MY MAIN CONCERNS.

UM, IT SOUNDS LIKE THE, THE, THE SEPTIC CONCERN THAT I HAD WAS ADDRESSED AND, UM, YOU KNOW, OBVIOUSLY I DON'T WANT PARTIES ARE ROUTING THIS, BUT I THINK I WAS TAKING CARE OF THE SHENANDOAH FARMS COVENANTS.

UM, YEAH.

SO I APPRECIATE YOU GUYS LISTENING.

THANK YOU, MRS. ROCKY, YOU HAD HIS NAME FOR ACT UP DUAL CON.

ANYONE ELSE SIGNED UP? WOULD ANYONE ELSE LIKE TO SPEAK AT THIS TIME? SECOND CALL ANYONE ELSE LIKE TO SPEAK THIRD AND FINAL CALL PUBLIC HEARING IS CLOSED.

IS THERE A MOTION ON THIS ITEM? MADAM CHAIR, I MOVE THAT THE BOARD OF SUPERVISORS APPROVED THE CONDITIONAL USE PERMIT REQUEST OF JOHN LEVINE.

I'M SORRY FOR WRECKING THE WORD, UH, FOR A SHORT-TERM TOURISTS RENTAL WITH THE CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF.

IS THERE A SECOND, SECOND, SORRY.

SECOND ROW CALL MRS. SHIRAKI MR. BUTLER, MRS. OATES.

HI, MADAM CHAIR.

I MRS. COOK.

I, MR. MABE, RIGHT.

PUBLIC HEARINGS ARE NOW DONE AND WE ARE DOWN TO ADDITIONAL NEW BUSINESS.

MADAM CHAIR.

WE AGREED AT THE BEGINNING OF THIS MEETING TO ADD THE APPOINTMENT OF THE AIRPORT COMMISSION, UH, INDIVIDUAL TO THIS PARTICULAR, UH, NEW BUSINESS ITEM.

SO, UM, I WILL MAKE THE MOTION THAT WE ADD THAT TO THE AGENDA.

IS THERE A SECOND ON THAT SECOND REAL PROBLEM, MRS. SHIRAKI MR. MABE, MRS. COOK.

I MADAM CHAIR, I MRS. OATES, MR. BUTLER AND MR. BUTLER, IF YOU'D LIKE TO MAKE THAT ANNOUNCEMENT, THAT APPOINTMENT, IT'S NOW THE MADAM CHAIR I'D LIKE TO, TO CONFIRM, UH, OF THE, UH, THIS IS OUR RECOMMENDATION AND WE VOTE ON THIS OR, OKAY.

MOTION AND TO MAKE THE MOTION TO ADD HIM.

HE'S OWNABLE.

OKAY, GOOD.

I JUST WANTED TO CONFIRM, SO THAT JUST WONDERING IF YOU HAVE TO VOTE ON HIM.

YEAH.

YOU GOTTA, YOU GOTTA MAKE THE

[01:30:01]

SO I MAKE THE MOTION TO, UH, TO ADD MR. UH, SHAWN RO TO THE AIRPORT COMMISSION BOARD THAT FOR A FOUR YEAR TERM OR FOR, FOR A FOUR YEAR TERM.

SECOND.

MR. MAVE, SECOND ROLL CALL, MRS. SHIRAKI MADAM CHAIR.

MAY I, MAY I SEE THE CLARIFICATION? SO THERE ARE TWO CURRENT VACANCIES ON THE COMMISSION.

ONE IS ENDING JUNE 30TH, 2023, AND ONE IS ENDING JUNE 30TH, 2025.

DO WE KNOW WHICH UNEXPIRED TERM WE'RE POINTING MR. ROWE TO? WE RECOMMEND THE, A, THAT 2025.

SO WOULD THAT BE YOUR EMOTION, MR. THAT IS, THAT IS MY MOTION THAT WE APPOINT THAT MR. SEAN WROTE TO THE UNEXPIRED TERM ENDING IN 2025 TO THE AIRPORT TO, AND MR. MAY, WILL YOU SECOND THAT AMENDED MOTION? NOW WE HAVE ROLL CALL MRS. ROCKY, MR. BUTLER, MRS. OATES, MADAM CHAIR.

I MRS. COOK I MR. MABE AND MR. BUTLER, IT TAKES A WHILE TO GET USED TO THIS.

I'M NOT SURE I'M USED TO IT YET EITHER AND GETTING IT RIGHT ALL THE TIME.

IS THERE ANY OTHER ADDITIONAL NEW BUSINESS? UH, MADAM CHAIR.

I JUST WANTED TO SEE IF WE COULD BRING UP AT SOME POINT, UH, THE ISSUE ABOUT THE, UH, YOU KNOW, THE SETBACKS, THE 100 FEET, UH, THAT WE DISCUSSED.

AND AT SOME POINT I'D LIKE TO, TO, YOU KNOW, UH, TO DISCUSS THAT AND SEE IF THAT'S SOMETHING THAT THE PLANNING COMMISSION WOULD RECOMMEND THAT WE KEEP, OR THAT WE, BECAUSE IF WE'RE, IF WE'RE GOING TO HAVE SOMETHING IN PLACE, WE SHOULD FOLLOW IT.

UNLESS THERE ARE JUST VERY STRONG MITIGATING CIRCUMSTANCES AND, UH, OTHERWISE, YOU KNOW, WHY HAVE A, WHY HAVE A NUMBER OR A LIMIT OUT THERE IF IT'S ARBITRARY AND WE'RE NOT GOING TO FOLLOW IT.

SO THAT'S, THAT'S SOMETHING THAT I JUST WANTED TO MENTION.

I THINK WE CAN HAVE A WORK SESSION ON THAT.

YEAH.

WITH THE PLANNING, RIGHT? YEAH.

RIGHT.

ANY OTHER ADDITIONAL NEW BUSINESS AND IF NOT, IS THERE, WOW.

THERE'S NO SECOND RIGHT OFF THE BOARD SECOND.

ALL THOSE IN FAVOR? AYE.