Nov 16, 2022 Board of Supervisors Meeting

[00:00:04]

OKAY.

GOOD

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

AT THIS TIME, WE HAVE REVEREND GAAR, IF YOU'D LIKE TO LEAD US IN PRAYER.

YES, SIR.

FOR RIGHT THERE.

THANK YOU.

AND WELCOME.

WE'RE GLAD TO HAVE YOU TONIGHT.

THANK YOU SO MUCH.

LET'S PRAY TOGETHER.

OUR GRACIOUS FATHER IN HEAVEN, WE THANK YOU FOR THIS OCCASION, FOR THE INVESTMENT THAT YOU MAKE INTO THE LIVES OF THOSE WHO WILLINGLY SERVE US, PROGRAM, PROVIDE LEADERSHIP.

AND WE PRAY TONIGHT, FATHER, AS THE ISSUES ARE DEALT WITH, COMMENTS ARE MADE.

WE ASK YOU, LORD, TO JUST, UH, OVERSHADOW THIS SPECIAL PLACE WITH YOUR GRACE.

AND MAY YOUR LOVING KINDNESS BE WITH US.

WE PRAY THIS NIGHT.

IN YOUR HOLY NAME WE PRAY.

AMEN.

AMEN.

AMEN.

THANK YOU, SIR.

I CALL THIS MEETING TO ORDER.

IF EVERYONE WILL STAND FOR THE PLEDGE OF ALLEGIANCE, PLEASE PLEDGE, PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE.

ALL.

OKAY.

THANK YOU VERY MUCH.

[C. Adoption of Agenda – Additions or Deletions]

ARE THERE ANY ADDITIONS OR DELETIONS? MADAM CHAIR, MADAME CHAIR, I MOVE THE APPROVAL OF THE AGENDA WITH THE ADDITION OF A MOTION FOR RECONSIDERATION OF THE, UH, APPOINTMENT OF A BOARD OF ASSESSORS AS ITEM M.

IS THERE A SECOND? SECOND.

WELCOME, MRS. SHIRAKI.

MR. MABE.

AYE.

MRS. COOK? AYE.

MADAME CHAIR? AYE.

MRS. OATS, I, MADAME CHAIR, I ALSO MOVE THAT THE PARSONS APPRAISALS SERVICING THE ITEM.

OKAY.

THAT'S ITEM.

ITEM.

OKAY.

OKAY.

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

THAT'S A 60 MINUTE PERIOD WHERE EACH SPEAKER IS GIVEN THREE MINUTES TO SPEAK ON A TOPIC THAT IS NOT PART OF A PUBLIC HEARING.

WE DO HAVE FOUR PUBLIC HEARINGS TONIGHT, SO WE WILL HAVE A HARD STOP AT SEVEN 30 TO DO THOSE, AND THEN WE'LL PICK BACK UP WITH OUR GENERAL MEETING AFTER THEY'RE FINISHED.

ALL COMMENTS WILL BE DIRECTED TO THE BOARD OF SUPERVISORS, NOT TO THE AUDIENCE.

BE CONSIDERED OF YOUR FELLOW SPEAKERS.

THERE SHOULD BE NO APPLAUSE, BOOING, OR OTHER AUDIBLE DISRUPTION TO THE PROCEEDINGS.

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 DISPLAY OF COMMENTS WILL NOT BE PERMITTED.

THIS DOES NOT INCLUDE INFORMATION OR MATERIALS USED AS PART OF A FACTUAL PRESENTATION TO THE BOARD.

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

ANYONE WHO VIOLATES THE GUIDELINE OF THE PUBLIC HEARING MAY BE ASKED TO LEAVE BY THE CHAIRMAN.

AND AS A LITTLE ADDITIONAL, WE HAVE A BOOT DRIVE GOING ON, SO IF YOU VIOLATE WE PUTTING A DONATION IN, WOULDN'T HER AS WELL.

SO, MRS. SHIRAKI, IS ANYONE SIGNED UP TO SPEAK? YES, MA'AM.

CHAIR LIEUTENANT ARD.

AND THIS ONE IS A SPECIAL PRESENTATION.

GOOD EVENING.

MY NAME'S AUSTIN ARD.

I'M WITH WARREN COUNTY FIRE AND RESCUE.

ON NOVEMBER 4TH, 2022.

WHILE ATTENDING THE SKYLINE VERSUS WARREN COUNTY HIGH SCHOOL FOOTBALL GAME, PARKER AND CARSON WITNESSED A FEMALE, A FEMALE ACTIVELY CHOKING JUST FEET AWAY FROM WHERE THEY WERE STANDING WITHOUT HESITATION.

PARKER IMMEDIATELY RUSHED HER AID AND BEGAN PERFORMING LIFESAVING, A LIFESAVING HEIMLICH MANEUVER.

WHILE CARSON WENT TO NOTIFY EMERGENCY MEDICAL SERVICES WITH THEIR COMBINED ACTIONS, THEY SUCCESSFULLY DISLODGED THE STUCK FOOD, CLEARING THE PATIENT'S OBSTRUCTED AIRWAY.

THANKS TO PARKER AND CARSON'S QUICK RECOGNITION AND FAST REACTION, THE VICTIM AVOIDED ANY SERIOUS COMPLICATIONS.

IT DID NOT REQUIRE ANY FURTHER MEDICAL TREATMENT.

WHEN ASKED PARKER HUMBLY ATTRIBUTED HIS ACTIONS AND SKILLS HE LEARNED TO THE CPR COURSE HE ATTENDED DURING HIS FRESHMAN YEAR AT, AT SKYLINE HIGH SCHOOL IN 2016, THE COMMONWEALTH VIRGINIA ADOPTED THE GWENETH LAW, WHICH REQUIRES ALL HIGH SCHOOL STUDENTS AND FRESH, UH, AT THEIR FRESHMAN YEAR TO BECOME CERTIFIED IN EMERGENCY FIRST AID, CPR

[00:05:01]

CURRENTLY, 39 STATES HAVE ENACTED SIMILAR LAWS, WHICH RESEARCH HAS SHOWN HIGHER RATES OF BYSTANDER CPR IN STATES THAT REQUIRE CPR CERTIFICATION IN HIGH SCHOOL.

MOST PEOPLE GO THEIR ENTIRE LIVES WITHOUT EVER BEING PLACED IN A SITUATION LIKE THIS ONE, WHICH YOU TWO FACE THAT NIGHT.

AND IF SO, THEY TYPICALLY DON'T ACT LIKE YOU TWO DID.

SO ON BEHALF OF THE WARREN COUNTY DEPARTMENT OF FIRE RESCUE SERVICES, CHIEF BONANO WOULD LIKE TO THANK BOTH OF YOU FOR EXTRAORDINARY ACTIONS PERFORMED THAT NIGHT.

GOOD JOB, AND THANKS A LOT TO JUMP IN AN EMERGENCY MEDICINE, UH, SITUATION LIKE THAT.

I KNOW THERE'S SOME PROUD PARENTS IN THIS AUDIENCE, SO THANK YOU YOUNG MAN.

NEXT, MRS. SHIRAKI.

YES, MADAM CHAIR, JOHN CERAC AND MRS. SHIRAKI, ARE YOU DOING THE TIMER? OKAY.

AND JUST AS A REMINDER, YOUR NAME AND ADDRESS PLEASE, SIR.

THANK YOU.

THANKS FOR THE REMINDER, AND GOOD EVENING, JOHN CERAC.

UH, AND I LIVE AT 75 PAD TRACK LANE, FRONT, ROYAL VIRGINIA 22 6 30, WHICH IS IN SHEO FARMS NEAR THE BAPTIST CHURCH.

I'M HERE AGAIN, UH, OPPOSING THE APPLICATION OF MR. TAYLOR, WHO WOULD LIKE A NON-COMMERCIAL CAMPING SPACE IN A, UM, DEVELOPED AREA WHICH CONTAINS ONLY HOUSES.

AND MY PRIMARY OBJECTION IS TWOFOLD, OR THERE'S TWO REASONS.

ONE IS PAST PERFORMANCE, UM, DOES NOT LEAD ME TO BELIEVE THAT THERE WILL BE A FOLLOWING OF THE RULES AND REGULATIONS THAT MAKE THINGS, UH, WORK FOR ALL OF US.

UM, NUMBER TWO, UH, FROM HAVING PERSONAL EXPERIENCE IN SEEING PEOPLE'S PERFORMANCE IN GENERAL PUBLIC.

IN FACT, PEOPLE GET IN A TIGHT SPACE.

THEY ALWAYS HAVE A GOOD REASON AND THEREFORE MAYBE THEY HAVE TO DUMP THEIR SURGE BECAUSE IT'S SNOWING.

I CAN'T GET IT OUT.

IT'S THIS, I HAVE A COLD, I HAVE COVID, AND IT'LL GO ON AND ON AND ON LIKE THAT.

AND THIS IS A DEVELOPED NEIGHBORHOOD.

I MEAN, THERE'S, PEOPLE TAKE VERY GOOD CARE OF THE STREETS.

SOMEBODY CLEANS THE STREET, OTHER PEOPLE CUT THE GRASS ON THE STREET.

WE DON'T DEPEND ON THE OTHER SERVICES AND HAVING, UH, WHAT ESSENTIALLY WILL BE A TRAILER PARK THERE, UM, EVEN IF IT'S A TRAILER OF ONE, UH, WHICH I, I WOULD HOPE, UH, IS STILL TAKING AWAY FROM THE, THE CHARACTER OF THE NEIGHBORHOOD.

IF I WANTED TO LIVE IN A TRAILER PARK OR NEAR IT, I WOULD BUY A TRAILER AND I WOULD MOVE IT DOWN NEAR THE NEAR THE COAST WHERE THERE'S OTHER SIMILAR TYPES OF SITES.

AND THAT'S ALL I HAVE TO SAY.

THANK YOU VERY MUCH FOR HEARING ME.

THANK YOU, SIR.

NEXT, MRS. SHROCK, KATHLEEN GEORGE.

HELLO, MY NAME IS KATHLEEN GEORGE.

I LIVE AT 1 26 WALKER FARM DRIVE IN SHEO FARMS. I HAVE TWO DOCUMENTS IN FRONT OF ME HERE.

THE ONE IS A COPY OF THE ORIGINAL PETITION THAT WAS, UH, CREATED THE SANITARY DISTRICT.

THE OTHER IS THE ORDER THAT THE JUDGE DID.

UM, I DON'T KNOW IF YOU GUYS HAVE EVER SEEN THESE.

THESE ARE AVAILABLE IN CHANCERY BOOK 16, PAGE 8 37.

UM, BOTH THESE DOCUMENTS REFERENCE COMMON PROPERTIES AND THE FUNDING OF THE MAINTENANCE FOR THOSE COMMON PROPERTIES.

UM, SINCE YOU SUPERVISORS HAVE CHOSEN TO NOT, UM, FUND THE POS F THE COMMON PROPERTY EXPENSES, UM, ARE NOW Y'ALL'S RESPONSIBILITY.

UM, THIS

[00:10:01]

AND IN THE SANITARY DISTRICT CODE, IT DOES REFER TO SUCH THINGS AS CONTRACTS THAT YOU ALL CAN DO TO HELP YOU FACILITATE THE MANAGEMENT OF A SANITARY DISTRICT.

IT HELPS YOU TO, IT DOES ALLOW YOU TO MAKE A CONTRACT WITH A CORPORATION.

DOESN'T HAVE TO BE A POA.

I KNOW THAT SOMEONE HAD SAID IN THE PAST THAT IT SHOULD BE A POA, BUT IT DOESN'T NEED TO BE A POA.

SO ANYWAY, OUR COMMON PROPERTIES IN SHANDO FARMS ARE VERY IMPORTANT TO ALL OF US.

WE'VE GOT WELL OVER 2000 HOMES IN FARMS. WE'RE THE LARGEST GEOGRAPHICAL SUBDIVISION IN THE STATE OF VIRGINIA.

WE HAVE DAY TO DAY NEEDS.

AND SINCE Y'ALL ARE OUR GOVERNING BODY AND THERE'S NOBODY IN BETWEEN YOU AND ME WHO'S GONNA TAKE CARE OF OUR DAY TO DAY NEEDS ANYWAY, WHEN YOU CONSIDER IN THE NEXT COMING WEEKS THE PROPOSAL THAT WAS FROM THE, UM, ADVISORY BOARD FOR THE BUDGET, I UNDERSTAND THAT THAT BUDGET HAS NO LINE ITEM FOR ANY OF THE COMMON PROPERTY MAINTENANCE FEES SUCH AS UTILITIES, INSURANCE, ET CETERA.

I ASK THAT YOU DON'T FORGET TO PUT THAT LINE ITEM IN.

I'M NOT ASKING YOU TO FUND P O S F, I'M JUST ASKING YOU TO NOT FORGET ABOUT THE COMMON PROPERTIES.

THANK YOU, JOE ANDREWS.

GOOD EVENING FOLKS.

JOE ANDREWS SEVEN 30 MCG FARM LANE.

UM, FOR THE RECORD, NOBODY CAN HEAR YOU BACK THERE.

YOU MIGHT WANT TO SPEAK THE MICROPHONES A LITTLE BIT LOUDER.

I'M HERE TONIGHT TO TALK TO YOU ABOUT SANITARY DISTRICTS IN GENERAL.

UM, I'D ASK THAT THE COUNTY GET OUT OF THE PUBLIC'S BUSINESS.

I DON'T PERSONALLY LIVE IN A SANITARY DISTRICT.

I FEAR THAT ONE DAY I WOULD, IN ANY ONE OF THE NEIGHBORHOODS WHERE I OWN PROPERTIES, I'D HATE TO SEE THE OVERREACH THAT I SEE IN SOME OF THESE OTHER SANITARY DISTRICTS.

IN SHENANDOAH FARMS, FOR INSTANCE.

WHAT I'VE WITNESSED IS, UH, AN ELECTED BOARD BEING PRETTY MUCH DONE AWAY WITH YOU FOLKS HAVE APPOINTED YOUR OWN ADVISORY BOARD THAT YOU NEGLECT TO LISTEN TO.

THAT'S A FACT.

THAT'S NOT AN OPINION.

YOU'VE GOT A FEW PEOPLE IN BETWEEN YOU AND THE ADVISORY BOARD THAT ARE STONEWALLING YOU AND GIVING YOU MISINFORMATION.

THAT'S A FACT.

I WITNESSED THAT AT THE LAST ADVISORY BOARD MEETING.

I WOULD SAY AT THIS TIME, YOU REALLY NEED TO KEEP AN EYE ON THE FOLKS THAT YOU'RE PUTTING ALL THIS TRUST IN.

I SEE THEM ASKING YOU TO SPEND MONEY ON UNNECESSARY EQUIPMENT.

I SEE THEM PURCHASING MATERIALS THAT ARE IMPROPER FOR THE JOB.

I'VE SEEN THEM LIE AND SAY THAT THE MATERIALS THEY'RE PURCHASING ARE CHEAPER THAN THE ALTERNATIVES NOT THE CASE.

I ALSO WITNESSED SOMEONE MENTION THAT THEY HAD YOU FOLKS ARE GETTING READY TO CONSIDER TAKING IN ANOTHER PORTION, UH, DRY RUN COURT INTO THE BACK END OF THE SANITARY DISTRICT.

THAT THAT ROAD IS GONNA BE A HEADACHE FOR YOU.

SOMETHING THAT YOU PROBABLY BETTER LOOK INTO A WHOLE LOT MORE THAN YOUR TRUSTED FOLKS ARE TELLING YOU.

THEY'RE TELLING YOU THAT IT'S OKAY.

IT'S NO BIG DEAL.

IT'S GONNA TAKE A LITTLE SHOE SHINE AND THIS ROAD'S GONNA BE OKAY.

TRUST ME, IT'S NOT THE CASE.

WHAT I'D LIKE FOR YOU FOLKS TO CONSIDER IS COMPLETELY GETTING RID OF SANITARY DISTRICTS.

GET OUT OF IT.

GET OUT OF THE BUSINESS.

LET GIVE THESE PEOPLE THEIR MONEY BACK.

SHOW 'EM WHERE THE BOOKS ARE, OPEN THE BOOKS.

HAVE SOME TRANSPARENCY.

GIVE 'EM ALL THEIR MONEY BACK AND GET OUT OF THE BUSINESS.

I DON'T EVEN THINK YOU'RE EQUIPPED.

I DON'T THINK HALF OF YOU.

AND THIS IS NOT, I DON'T SAY THIS IN A WAY TO BE CONDESCENDING.

YOU KNOW, YOU FOLKS DON'T KNOW THE ROAD BUSINESS.

YOU GOT NO BUSINESS TELLING THESE PEOPLE HOW TO SPEND THEIR MONEY.

AND IF THEY WANNA SPEND IT IN THE WRONG WAY, LET 'EM DO IT.

BUT YOU CAN'T TELL THEM HOW TO SPEND IT WHEN YOU DON'T KNOW YOURSELF, WHETHER OR NOT IT'S RIGHT OR WRONG, THE PEOPLE THAT ARE FEEDING YOU THE THE INFORMATION DON'T KNOW.

THANK YOU.

THAT'S IT.

HAVE A GOOD EVENING.

THANK YOU.

NEXT, MRS. SHIRAKI, SARAH SABER.

HELLO EVERYBODY.

[00:15:01]

NOW, I STEPPED DOWN FROM BEING A PART OF THAT BECAUSE I WAS UNDER THE ASSUMPTION THAT MY INVOLVEMENT WOULD MAKE SOME SORT OF A DIFFERENCE.

TRUTHFULLY.

THAT'S WHY I WASTED MY TIME BEING INVOLVED.

SO SINCE THEN I HAVE GOTTEN NOTHING BUT BLATANT UNWILLINGNESS FROM YOU, DOLORES, FROM YOU CHERYL, FROM YOU VICKY.

ESPECIALLY FROM YOU WALT AND JAY WHO IS NOT HERE AS WELL.

SO OUT, I'M DONE STAYING INVOLVED IN THE OUTRIGHT BLATANT MISUSE OF FUNDS.

THIS IS NOT SOME CONSPIRACY, THIS IS WELL DOCUMENTED.

WE'RE BRINGING THESE ISSUES TO YOU AND YOU ARE ALLOWING YOUR PAID EMPLOYEES TO LOOK THE OTHER WAY.

NOW, ALL OF YOU WANNA BE UNASSOCIATED WITH THE, YOU KNOW, EMBEZZLEMENT SCANDAL AND ALL OF THAT, BUT YOU'RE STANDING HERE SEEING IT HAPPEN AGAIN AND YOU'RE DOING NOTHING.

DO YOU WANT THAT ON YOU? CUZ WE GOT $3 MILLION AT STAKE RIGHT NOW AND ANOTHER MILLION EVERY YEAR THAT YOU'RE WATCHING THEM P**S AWAY AND YOU'RE BEING TOLD THEY'RE P*****G IT AWAY, MA'AM.

AND YOU'RE IGNORING IT.

EXCUSE ME.

P**S IS NOT A CURSE WORD.

I KNOW, BUT LET'S REMEMBER WHERE WE ARE, PLEASE.

YEAH.

WE'RE IN FRONT OF THE GOVERNMENT THAT'S BEEN PUT IN PLACE TO NOT ALLOW OUR TAXPAYER FUNDS TO BE THROWN IN THE TRASH.

AND YOU, CHERYL, HAVE DONE NOTHING AFTER YOU AND DOLORES MADE SUCH A STINK AND STOMPED DOWN TO THE PSF INC.

OFFICE AND AUDIT US NOW.

AND YOU WANNA SIT THERE UNTIL 10 O'CLOCK AT NIGHT, AUDIT OUR BOOKS.

YOU FOUND NOTHING.

BUT I'VE HANDED YOU AND ILLUSTRATED DISREGARD AND MISUSE OF FUNDS ON A SILVER PLATTER.

AND YOU'VE LOOKED AT THE, YOU'VE LOOKED THE COMPLETE OPPOSITE DIRECTION.

IN FACT, YOU'RE TELLING US THAT WE'RE WRONG.

DO YOU REALIZE HOW ABSURD THAT IS? YOU WOULDN'T KNOW BECAUSE YOU HAVEN'T BEEN TO THE ADVISORY MEETINGS, CHERYL, YOU HAVEN'T BEEN TO A SINGLE ONE.

DO YOU REMEMBER WHAT I SAID WHEN I SAT DOWN WITH THE INTERVIEW WHEN YOU HAND APPOINTED ME TO THE POSITION? SO WHERE'S THE INVOLVEMENT? WHERE'S THE OVERSIGHT? I MEAN, YOU'RE DOING IT AGAIN.

YOU'RE ALLOWING IT TO HAPPEN.

I'VE TOLD YOU THE ISSUES ARE THERE.

YOU'VE SAID TAKE IT TO ED DAILY.

YEAH.

WHOSE EMPLOYEE IS ED DAILY WHO HAS OVERSIGHT OVER HIM.

ISN'T THAT YOUR JOB? ISN'T THAT THE SOLE REASON YOU'RE SITTING UP THERE? YOUR TIME'S DONE.

THANK YOU.

OKAY.

I ALSO JUST WANTED TO SAY THAT WALT MAY ARE ALESS, WE ARE NOT WEN ALLOW PERSONAL ATTACKS.

SO YOU CAN EITHER SIT DOWN OR BE ESCORTED OUT, MA'AM.

THANK YOU.

ANYONE ELSE? MRS. SHIRAI? NO ONE ELSE HAS SIGNED UP.

ANYONE ELSE LIKE TO SPEAK AT THIS TIME? SECOND CALL.

ANYONE ELSE? YES MA'AM.

YOU HAVE TO COME UP TO THE PODIUM, MA'AM.

PUBLIC HEARINGS.

WILL YOU HAVE A TIME TO COMMENT ON THEM ON EACH OF THOSE INDIVIDUAL TIMES? YES MA'AM.

ANYONE ELSE WOULD LIKE TO SPEAK AT THE PUBLIC COMMENT TIME? IF NOT, WE ARE GONNA MOVE ON WITH OUR AGENDA.

AND THAT

[E. Reports – Board Members, County Administrator, County Attorney]

MRS. COOK, I HAVE NOTHING TO REPORT.

MM-HMM.

, MR. MA.

UM, BASICALLY I, I HAVE NOTHING TO REPORT BECAUSE OF THE SHORT WEEK.

MRS. DOT.

UM, I WOULD JUST LIKE TO SAY THAT ON FRIDAY, WHICH WAS VETERANS DAY, UM, I ATTENDED TWO EVENTS.

UH, ONE IN WARREN COUNTY AT THE AMERICAN LEGION TO HONOR VETERANS.

UM, AND IT WAS AN, IT WAS A FABULOUS EVENT.

IT WAS, UM, SOMBER AT TIMES, IT WAS UNIFYING.

AND, UM, THEY SERVED A WONDERFUL DINNER, LUNCH TO THE VETERANS THAT WERE IN ATTENDANCE THERE.

AND THEN I WENT OVER TO MIDDLETOWN AND THERE WAS AN EVENT IN MIDDLETOWN, UM, AT THE FIRE DEPARTMENT THERE.

AND THEY HAD, UH, A TREMENDOUS EVENT WHERE

[00:20:01]

UM, AND BECAUSE THOSE FREEDOMS WERE WON BY PEOPLE WHO DIED FOR THAT RIGHT? FOR US TO DO IT.

AND SO I JUST WANTED TO SAY THAT THOSE WERE EVENTS THAT I ATTENDED THIS WEEKEND AND TONIGHT I APPRECIATE THEM SO MUCH MORE.

SO THAT'S ALL MINE.

THANK YOU.

THANK YOU.

DIVORCE, UM, DID A LOT OF THINGS DURING NOVEMBER.

WE HAD A MEETING ON NOVEMBER 2ND WITH OUR, UH, CONVENIENCE SITE STAFF AND THOSE, I WAS AMAZED AT THE AGE OF A LOT OF THOSE, UH, GENTLEMEN THAT WORK AT THOSE SITES.

A LOT OF THEM, I MEAN, I THINK THERE ARE SOME THAT ARE IN THEIR EIGHTIES DON'T HAVE TO BE DOING THAT JOB, BUT THEY DO IT.

UH, THEY TAKE A LOT OF DISRESPECT AND THEY STILL COME BACK AND DO THE JOB THE NEXT DAY.

AND I, I APPRECIATE THEM GREATLY.

AND I'M SURE AMONGST THEM ARE PROBABLY A LOT OF VETERANS AND, UM, YOUNG PEOPLE WOULD NOT WANNA BE DOING THAT JOB.

BUT HERE WE HAVE 80 SOME YEAR OLD MEN DOING THAT AND I DO GREATLY APPRECIATE THEM.

UH, WE HAD A LAKEFRONT ROYAL POA MEETING, UH, WHICH WENT WELL.

I THINK THEY'RE GONNA HAVE SOME TURNOVER IN THEIR, UH, BOARD AND, UH, GET SOME NEW BLOOD IN THERE AND A LOT OF POSITIVE THINGS GOING ON WITH THAT.

UM, OUR SOUTH WARREN, UH, ROTAN CLUB SERVED 160 MEALS TO THOSE IN NEED IN THE COMMUNITY.

AND I HAPPENED TO BE AT THE GAME WHERE THOSE GENTLEMEN THAT WERE HERE, UM, HELPED THE LADY THAT WAS CHOKING.

AND, UM, AND TO THINK THAT WE HAVE YOUNG PEOPLE THAT WOULD JUMP IN TO DO THAT, UM, IS, IS JUST A TESTAMENT TO WHAT OUR FAR AND EMS IS DOING TO TEACH THESE YOUNG PEOPLE.

AND HOPEFULLY WE'LL GET MORE OF THEM INVOLVED AND BE VOLUNTEERS IN OUR SYSTEM AND THEN MOVE ON TO MAYBE PAY LATER IN LIFE.

UM, NOVEMBER 4TH, I HAD THE PRIVILEGE AND DR.

DAILEY AND I HAD THE PRIVILEGE OF TAKING THE BOOT AND DOING THE BOOT DRIVE.

THEY'RE DOING THAT TO GET, UM, FOOD AND THINGS THAT PEOPLE IN NEED FOR CHRISTMAS AND, YOU KNOW, REALLY ENJOY WORKING WITH THEM.

AND THEN WENT TO COMPANY TOO FOR THEIR FUNDRAISER, SPAGHETTI DINNER, WHICH I APPRECIATED SINCE I DIDN'T FEEL LIKE FIXING SUPPER AFTER STAYING AND DOING THE BOOT DRIVE ALL DAY.

UM, WE HAD SOME LOCAL FARMERS THAT WERE RECOGNIZED AT THE LORD FAIRFAX SOIL AND WATER FOR THEIR BEST LAND PRACTICES.

AND, UM, THAT WENT TO THE ATWOOD FAMILY THIS YEAR.

SO THAT'S A, A BIG AWARD, A LOT OF WORK TO GET THAT AWARD.

AND WE APPRECIATE THEM FOR THEIR BEST PRACTICES TO KEEP OUR WATER STREAMS CLEAN.

DID, UH, E WILSON MORRISON, MR. MABE AND I DID THAT TOGETHER.

UM, THE CHILDREN PUT OUT FLAGS AND HAD A LITTLE CEREMONY GIVING FLAGS TO THE VETERANS THAT WERE THERE TO HONOR THEM.

AND I THOUGHT THAT WAS REALLY NEAT.

AND THEN I TOO WENT TO, UM, THE AMERICAN LEGION AND IT IS VERY TOUCHING.

UM, AND THEN I WENT TO THE MOOSE WHERE THERE WERE LIKE MAYBE SIX OR EIGHT VETERANS THERE FOR A SPECIAL ON A I DEAD, SO I THOUGHT THERE WAS A NINE.

SO I THINK, BUT VERY APPRECIATIVE.

I'VE GOT MY 91 YEAR OLD FATHER-IN-LAW WHO IS WITH US NOW AT OUR HOUSE, AND HE'S A KOREAN WAR VETERAN.

SO WE APPRECIATE, AGAIN, LIKE MRS. O SAID, THE SACRIFICES EVERYONE MADE SO THAT PEOPLE CAN COME UP AND VENT TO US AND HAVE THE PRIVILEGE TO DO SO.

SO THAT'S MINE.

DR.

DALEY.

THANK YOU, MA'AM.

WOULD REMIND THE BOARD THAT AT 2:00 PM ON SATURDAY AT RIVERTON UMC, UH, REVEREND JOHNSON WILL HAVE THE CEREMONY OF DEDICATION FOR THE NEW, FOR THE BRIDGES, FOR THE NEW SIGNINGS.

NEXT TWO WEEKS RATHER ON NOVEMBER THE 29TH, WE WILL HAVE OUR WORK SESSION, UH, BEGINNING AT 6:00 PM AND ON DECEMBER 6TH, BEGINNING AT 5:00 PM WE WILL HOPEFULLY FINISH UP OUR ADVANCE.

AND IF YOU HAVEN'T TURNED IN YOUR RATING SHEETS TO MRS. SHIRAI, PLEASE GO AHEAD AND DO SO.

THE UM, COUNTY IS ASSISTING THE SALVATION ARMY THIS YEAR WITH BELL RINGING ON FRIDAYS IN DECEMBER, DECEMBER 2ND, DECEMBER 9TH AND DECEMBER 16TH.

UH, AND WE WILL BE DOWN IN THE, WE, THE ARMY WAS EVICTED FROM RO FROM RURAL KING, BUT WE WILL BE OVER ON THE OTHER SIDE OF THE PLAZA THERE, OVER JUST PAST MARTIN'S AND WOULD

[00:25:01]

IT'S JUST, THESE ARE AN HOUR SLOTS.

AND ALSO REMIND YOU THAT NEXT WEDNESDAY AFTERNOON, THE SALVATION ARMY WILL HOLD THEIR ANNUAL THANKSGIVING DINNER AT FIRST BAPTIST CHURCH.

AND IF YOU SHOW UP OVER THERE SOMETIME AFTER ONE O'CLOCK, THEY'LL PUT YOU TO WORK FOR A WHILE.

BE HAPPY TO HAVE YOU.

AND THAT'S MY REPORT, MA'AM.

HAPPY TO ANSWER ANY QUESTIONS.

ANY QUESTIONS FOR DR.

DALEY? IF NOT, MR. HAM, I HAVE NO REPORT.

OKAY.

I THINK IF MY WATCH IN THAT CLOCK, WE'VE GOT ABOUT THREE OR FOUR MINUTES.

SO WE'LL HAVE A LITTLE BREAK AND START OUR PUBLIC HEARINGS AT SEVEN 30.

IF EVERYONE WILL PLEASE TAKE THEIR SEATS.

WE'LL GET STARTED WITH THE FIRST PUBLIC HEARING.

AND FIRST

[L. 1. R2022-09-01, Rezoning Request of W. P. Associates (Ray Pennington, III) from Residential One (R-1) to Agricultural (A) for Properties Identified on Tax Map 23K, as Lots 2, 3 and 4 - Matt Wendling, Planning Director]

YES, GOOD EVENING, MADAME CHAIRMAN AND, AND MEMBERS OF THE BOARD.

UM, THE APPLICANT IS REQUESTING TO REZONE 614.14 ACRES FROM RESIDENTIAL ONE TO AGRICULTURAL.

THESE PROPERTIES ARE LOCATED OFF REYNOLDS DRIVE, SWITCHBACK ROAD, LC FARM ROAD AND HIGH TOP.

TOP IN LINDON, VIRGINIA.

THEY ARE IDENTIFIED AS ON TAX MAP 23 K AS LOT TWO, THREE AND FOUR.

THESE PROPERTIES WERE PART OF THE BLUE RIDGE RESERVES ARE PART OF THE BLUE RIDGE RESERVE SUBDIVISION AND ARE INCLUDED IN A CONSERVATION EASEMENT THAT WAS ACCEPTED BY THE COUNTY IN 2012.

THE INDIVIDUAL ACREAGES FOR THESE LOTS ARE 225 ACRES FOR LOT 2 97 0.232 ACRES FOR LOT THREE AND 290 ACRES FOR LOT FOUR.

THE SUBDIVISION CONSISTED OF A TOTAL OF 640 ACRES WITH 741 PREVIOUSLY PLATTED PARCELS.

UM, CURRENTLY THE CONSERVATION EASEMENT RESTRICTS THIS TO SIX PARCELS.

UH, AND AT THIS TIME, UH, PARCEL FOUR HAS TWO MORE SUBDIVISION RIGHTS.

SO WE HAVE THREE PARCELS THAT ARE, UH, WE ARE LOOKING AT TODAY.

ONE OF THE PARCELS THAT WAS PREVIOUSLY SUBDIVIDED AND INCLUDED IN THE CONSERVATION, THESE HAS BEEN SOLD.

AND, UM, THAT WAS, THAT CAME BEFORE THE BOARD IN 2017, I BELIEVE 2019 FOR A, UH, REZONING FROM, UH, UH, R ONE, UH, AGRICULTURAL.

SO ANOTHER IT WOULD WAS A DOWN ZONING AND THAT WAS A 30 ACRE PARCEL.

UH, THE APPLICANT IS PROPOSING THE, THE, UH, REZONING TO ALLOW FOR THE AGRICULTURAL FORESTRY USES AND CONSTRUCTION OF BUILDINGS THAT CONFORM TO THE AGRICULTURAL ZONING DISTRICT FOR THE LARGE LOTS, WHICH, WHICH ARE ALSO CONSISTENT WITH CONFORMING TO USES AND DEVELOPMENT ALLOWED BY THE CONSERVATION EASEMENT.

I I STAND CORRECT THAT IN MAY, 2021, THE BOARD GRANTED THE, UH, REZONING TO MICHAEL AND BARBARA OLSON FOR THE 30 ACRE LOT.

UM, THIS WAS THE REASON BEHIND THIS.

THEIR REQUEST WAS TO BUILD A 40 BY 60 POLE BARN THAT EXCEEDED THE HEIGHT LIMIT IN THE R ONE ZONING DISTRICT.

UM, THESE PROPERTIES, UH, PROBABLY SHOULD HAVE BEEN REZONED IMMEDIATELY AFTER THE YEAR AFTER THEY WERE BROUGHT UNDER THE CONSERVATION EASEMENT.

YOU KNOW, FOR WHATEVER REASONS THEY WERE NOT.

UH, SO THE APPLICANT HAS, HAS MOVED FORWARD AND REQUESTED THIS, UM, THEY HAVE NOT SUBMITTED ANY PROFFERS WITH THE APPLICATION.

UM, THE ROADS LEADING TO BLUE RIDGE RESERVES GO THROUGH SHENANDOAH FARMS, BUT BECAUSE OF THE DECREASED AMOUNT OF, UH, IMPACT FOR LOTS THAT PREVIOUSLY WERE PLOTTED 741, WERE NOW DOWN TO SIX.

UH, THE, THE APPLICANT, UH, IN MY CONVERSATIONS WITH HIM AND HIS, HIS LEGAL, UH, REPRESENTATIVE FEEL THAT, UH, THAT WAS SUFFICIENT ENOUGH TO DECREASE THE AMOUNT OF THE IMPACT OF DEVELOPMENT IN THAT AREA.

UH, AND THEY CAN, THEY ARE HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

I'LL READ THE, THE, UH, AGRICULTURAL ZONING DISTRICT IS

[00:30:01]

AND WHERE EXPANSES OF OPEN SPACE BEST EXISTS FOR PARKS, PLAYGROUNDS, GAME PRESERVES AND SIMILAR USES, AND THE CONSERVATION EASEMENT ITSELF IN IS IN PERPETUITY.

SO IT WILL NOT CHANGE.

SO WHAT YOU SEE THERE NOW WILL BE MINIMALLY IMPACTED, UH, BECAUSE THE INTENT IS TO KEEP THE CONSERVATION VALUE AND PRESERVE THAT VALUE OF THAT PROPERTY.

THERE ARE LIMITATIONS ON BUILDING RIGHTS.

UH, 12 IS THE MAX.

THEY'D HAVE TO HAVE A GUEST HOUSE PERMIT FOR HALF OF THOSE IF THEY WANTED TO PUT A SECOND DWELLING ON ONE OF THOSE PARCELS.

SO FOR ALL INTENTS AND PURPOSES, YOU'LL PROBABLY SEE SIX DWELLING UNITS ON THE SIX VARIOUS PARCELS.

HOW INITIALLY IT WOULD BE THE, THE CONSERVATION EASEMENT STATES THAT IT CAN HAVE, UH, ONE DWELLING, ONE SINGLE FAMILY DWELLING UNIT AND A A TENANT, UH, UNIT OR A GUEST HOUSE.

UM, BUT FOR ALL INTENSIVE PURPOSES, UH, TENANT, TENANT HOUSES OR, UH, BY RIGHT, IF YOU HAVE 50 ACRES, AND THAT'S FOR SOMEONE WHO IS THERE TO MANAGE THE LAND, THE GUEST HOUSE IS, YOU GO THROUGH THE CONDITIONAL USE PERMIT PROCESS FOR A GUEST HOUSE.

SO, UM, FOR ALL INTENSIVE PURPOSES, YOU'RE PROBABLY LOOKING AT ONE SINGLE FAMILY DWELLING UNIT PER THE SIX PARCELS.

SO SIX, SIX DWELLINGS COMPARED TO THE POTENTIAL FOR THE OTHER PLATTED PARCELS PRIOR TO THE CONSERVATION EASEMENT.

UM, HOW ABOUT, HOW ABOUT THE ACCESSORIES? I DON'T MEAN TO INTERRUPT.

OH, NO, NO, THAT'S FINE.

UM, IT DOES ADDRESS ACCESSORY BUILDINGS.

IT GIVES YOU LIMITATIONS ON THE, UM, THE SQUARE FOOTAGE ON ACCESSORY BUILDINGS THAT YOU'D BE ALLOWED TO HAVE.

AND THE TYPES OF ACCESSORY BUILDINGS.

AGAIN, THESE WOULD BE FOR, UH, BUILDINGS FOR THE PROCESSING AND SALE OF FARM OR FORESTED PRODUCTS PRODUCED OR PARTIALLY PRODUCED ON THE PROPERTY.

AND IT, IT DOES LIMIT IT, UH, NOT EXCEEDING 4,500 SQUARE FEET OF ENCLOSED AREA AND AGGREGATE AND NOT INDIVIDUALLY TO EXCEED 2,500 SQUARE FEET OF ENCLOSED AREA PER, UM, THAT'S REALLY ALL I HAVE TO ADD.

UH, THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED.

WOULD THE APPLICANT LIKE TO SPEAK AT THIS TIME? THANK YOU MEMBERS OF THE BOARD.

MY NAME IS, UH, RAY PENNINGTON, UM, A LONG TIME OWNER OF REAL ESTATE IN, UH, WARREN COUNTY, BUT CURRENTLY MY ADDRESS IS BERRYVILLE, VIRGINIA.

UM, I'VE PLACED SIX DIFFERENT TRACKS IN CONSERVATION EASEMENTS.

UM, WARREN COUNTY HOLDING ONE, THE OTHER FIVE ARE HELD BY, UH, VIRGINIA OUTDOORS FOUNDATION TOTALING, UH, ABOUT 2000 ACRES.

UM, WHEN THIS PROJECT WAS UNDERTAKEN, I WORKED CLOSELY WITH THE COUNTY ON LANGUAGE ON WHAT WAS TO BE ALLOWED.

BASICALLY, WE COPIED A LOT OF WHAT WAS IN THE VIRGINIA OUTDOORS FOUNDATION, BUT BECAUSE WE GENERAL FORMS WAS SUCH A MESS, NOT TO DIMINISH ANYBODY HERE OR ANYTHING, I, WARREN COUNTY WANTED TO STEP FORWARD AND TAKE THAT PARTICULAR EASEMENT AT THE TIME.

AND ON PAGE THREE OF THE DEED FROM THE COUNTY, UH, WHERE THE COUNTY IS THE GRANTEE AND WP ASSOCIATES IS THE GRAND TOUR.

IT SAYS SPECIFICALLY, AND IT WAS ZONED BOTH AGRICULTURE AND RESIDENTIAL.

THERE WERE SEVERAL PARCELS IN THE ENTIRE AREA THAT WERE ZONED AGRICULTURE.

AND THEN THERE WERE 700 AND SOME PARCELS THAT WERE ZONED RESIDENTIAL IN BASICALLY HALF ACRE LOTS.

SO IN WORKING WITH THE COUNTY, UH, TRYING TO RUSH THINGS THROUGH FOR TAX PURPOSES ON DECEMBER THE 25TH OR SIXTH, WHENEVER MR. FOX SIGNED THE DEED, WE NEGLECTED TO PUT IT IN AS AGRICULTURAL.

ALL THE DEED REFERS TO IS WHAT YOU CAN DO IN AN AGRICULTURALLY ZONED AREA.

UH, WHEN THE OLSONS BOUGHT THEIR PIECE FORWARD, IT WENT THROUGH FAIRLY SMOOTHLY.

THAT'S THE SMALLEST TRACK.

THAT'S A 30 ACRE TRACK.

I SEE A LOT OF AREAS ON THIS PROPERTY THAT COULD BE USED AS A VINEYARD.

UH, IT'S NOT ALL, UH, HEAVILY WOODED, BUT, UH, ANYBODY WHO WERE TO BUY THAT PROPERTY WOULD HAVE BASICALLY TO COME TO THE BOARD OF SUPERVISORS TO DO ANYTHING ANYTIME THEY WANTED TO FOLLOW WHAT'S IN THE DEED.

SO WE'RE NOT IN THE SANITARY DISTRICT.

I DID WORK WHEN I PUT THIS,

[00:35:01]

ALL OF REYNOLDS DRIVE, WHICH IS CURRENTLY THERE NOW, WAS ON WP PROPERTY.

WE GRANTED A REALIGNMENT OF REYNOLDS DRIVE.

WE ALSO GRANTED TO THE COUNTY EMERGENCY USE OF SWITCHBACK ROAD.

I HAVE NOT SEEN THAT IN A DOCUMENT AND WOULD WOULD BE HAPPY TO, UM, REEMPHASIZE THAT THE TRACKS THAT WERE ZONED AGRICULTURALLY WERE FORMALLY MARVIN MCDONALD AND HAD NO RELATION TO SHANDO FARMS WHATSOEVER.

THEY HAD ACCESS THROUGH THESE ROADS.

SO I'VE, I'VE HEARD FROM PEOPLE SAY, WELL, YOU'RE NOT PAYING SANITARY DISTRICT FEES.

WE PAID OVER $250,000 WHEN WE FORECLOSED ON THIS PROPERTY IN TAXES, SANITARY DISTRICT FEES AND THE GRANTING OF EASEMENTS, WHICH WERE IMPROPERLY LOCATED ON WP PROPERTY.

SO IT WAS A NEGOTIATION.

EVEN IF WE WERE TO PAY SANITARY DISTRICT FEES, IT WOULD TAKE A COURT ORDER.

AND WE'RE TALKING ABOUT SIX LOTS, SIX HOUSES ON 600 AND SOMETHING ACRES.

I'VE, I'VE MENTIONED BEFORE TO SOME OF THE PEOPLE WHO HAVE RAISED QUESTIONS.

I'M HAPPY TO WORK WITH THEM WHEN THIS IS THROUGH, BUT IT'S RIDICULOUS FOR ME TO PROFFER WHEN I'VE ALREADY GIVEN THE COUNTY, UH, QUOTE, ACCORDING TO THIS APPRAISAL, A $3 MILLION GIFT AND ROADS.

AND I WORKED ALSO WITH, UH, TIMMY LINZ ON MAINTAINING THOSE ROADS.

I THINK YOU'LL FIND THE BEST ROAD IN SHANDRO FARM IS THE ONE THAT I USE FOR LOGGING, WHICH IS REYNOLDS DRIVE FAR AND AWAY THE BEST ROAD IN THAT SUBDIVISION.

I'D BE HAPPY TO ADDRESS ANY QUESTIONS THAT YOU HAVE OR MAY, MAY I ASK PUBLIC HEARING IS NOW OPEN.

ARE THERE QUESTIONS FOR MR. PENNINGTON? I, AND NOT AT THIS TIME, SIR.

THANK YOU, MRS. SHIRAKI, HAS ANYONE SIGNED UP TO SPEAK ON THIS? YES.

MADAME CHAIR.

KATHLEEN MANCINI.

AND IF YOU COULD SAY YOUR NAME AND ADDRESS WHEN YOU COME UP, MA'AM.

THANK YOU.

HI, MY NAME IS KATHLEEN MANCINI AND I LIVE ON HIGH TOP ROAD.

UM, MY NEIGHBORHOOD IS ADJOINING THE 600 ACRES THAT WE'RE TALKING ABOUT.

AND I KEEP HEARING THAT GOING FROM RESIDENTIAL TO AGRICULTURE IS DOWN ZONING, BUT THAT REALLY JUST APPLIES TO DENSITY.

IT DOESN'T, IT'S NOT DOWN ZONING WHEN IT COMES TO NOISE.

IT'S NOT DOWN ZONING WHEN IT COMES TO HEIGHT OF STRUCTURES.

IT'S NOT DOWN ZONING WHEN IT COMES TO ENVIRONMENTAL CONTAMINANTS.

IT'S NOT DOWN ZONING WHEN IT, WHEN YOU CONSIDER THE IMPACTS ON THE CONTAMINATION AND RUNNING, UH, DRY ON WELL WATER, UM, OR ON USE OF LARGE EQUIPMENT OR AGRI COMMERCIAL TRAFFIC.

SO FOR THE RESIDENTS THAT LIVE NEXT TO THIS, IT'S NOT REALLY, THE IMPACT IS NOT ONE OF DOWN ZONING.

UM, ALSO THERE IS AN EGRESS ISSUE WITH SWITCHBACK ROAD.

IF WE DON'T HAVE ACCESS TO SWITCHBACK ROAD, THEN HIGH TOP ROAD IS A, A CLOSED LOOP, WHICH IS A, A DANGEROUS RISK FOR EVERYBODY THAT LIVES THERE.

UM, I'VE BEEN TOLD THAT THE ARGUMENT FOR SWITCHING TO AGRICULTURE ZONING IS TO BE ABLE TO PUT UP SHEDS FOR, UM, AGRICULTURAL EQUIPMENT.

AND I DON'T UNDERSTAND WHY THAT CAN'T BE DONE BY A, UM, A, A WAIVER OF USE, CONTINGENT USE PERMIT OR WHATEVER IT'S CALLED.

UM, I WOULD IMAGINE THAT, YOU KNOW, TO PUT UP A COUPLE SHEDS, YOU COULD JUST GET A WAIVER FOR THAT.

AND YOU DON'T HAVE TO ZONE SIX HUN REZONE 600 ACRES, WHICH, UM, THEN THE, THE RESIDENTS THAT LIVE, THERE'S A LOT OF RESIDENTS THAT LIVE ADJACENT TO THAT 600 ACRES AND THEY CAN BE SERIOUSLY IMPACTED.

AND WE WE'RE ALREADY HAVING OUR QUALITY OF LIFE BEING IMPACTED SEVERELY WITH THE WAY THINGS ARE BEING BUILT OUT UP THERE.

AND ALL THE TREES ARE BEING, THERE'S GONNA BE NO TREES LEFT ON THAT UP ON BLUE MOUNTAIN AT ALL IF, IF THE BUILDING KEEPS GOING THE WAY IT IS.

AND I KEEP HEARING ABOUT THIS, UM, CONSERVATIONAL EASEMENT AND HOW IT'S BEING DONE TO PRESENT, PROTECT THE ENVIRONMENT.

AND IT'S NOT, IF THEY'RE DOING AGGRESSIVE LOGGING, AGGRESSIVE LOGGING AND CONSERVING THE ENVIRONMENT ARE KIND OF THE OPPOSITE, YOU KNOW, .

SO, UM, I DON'T THINK THE CONSERVATIONAL EASEMENT REALLY PROTECTS

[00:40:02]

UM, AND, AND WITH THE LOT CONSERVATION, I KEEP HEARING HOW THAT'S GONNA BE SO GOOD FOR ALL OF THE RESIDENTS, BUT IT'S ALREADY A DONE DEAL AND IT CAN'T BE CHANGED.

SO IT REALLY IS IRRELEVANT TO THIS DISCUSSION ON THE REZONING ISSUE.

IT'S ALREADY BEEN DONE.

SO ANYWAY, I, I WENT AHEAD AND, AND PUT ALL MY ARGUMENTS IN MORE DETAIL IN A LETTER THAT I THINK YOU ALL RECEIVED.

IF YOU ANYBODY WANTS A COPY OF IT, I HAVE ADDITIONAL COPIES.

THANK YOU VERY MUCH.

THANK YOU MA'AM.

ANYONE ELSE? MRS. SHIRAKI, NO ONE ELSE HAS SIGNED UP.

WOULD ANYONE ELSE LIKE TO SPEAK ON THIS ITEM AT THIS TIME? SECOND CALL.

WOULD ANYONE ELSE LIKE TO SPEAK THIRD AND FINAL CALL PUBLIC HEARING IS NOW CLOSED OR ARE THERE ANY QUESTIONS FROM THE BOARD? NO, MA'AM.

I, I JUST WANT CLARIFICATION.

SO MR. WENLING, THIS PROPERTY WAS PUT INTO CONSERVATION EASEMENT, WHICH MEANS IT CAN'T BE DEVELOPED CORRECT? , SO THAT'S MOOT .

OKAY, SO THAT ONE'S DONE.

OKAY, SO THEN, SO IT'S RESIDENTIAL THOUGH.

STILL ZONED RESIDENTIAL CURRENTLY, AND THAT'S WHAT THE REASON, AND THAT WAS AN OVERSIGHT WHEN THE CONSERVATION EASEMENT WAS, WAS PERFORMED, THAT WAS JUST AN OVERSIGHT.

IT SHOULD HAVE BEEN ZONED TO AGRICULTURAL AT THAT POINT IN TIME WAS APPROVED.

CAUSE THOSE ARE INCONGRUENT.

OKAY.

.

ALL RIGHT.

THAT'S WHAT I'VE BEEN SITTING UP HERE TRYING TO FIGURE OUT.

I'M THINKING, OKAY, SO WE ARE JUST BASICALLY CORRECTING AN OVERSIGHT THAT SHOULD HAVE BEEN DONE WHEN THE CONSERVATION EASEMENT WAS APPROVED FOR ALL INTENSIVE PURPOSE.

THANK YOU.

I MEAN, THESE ARE LARGE LOTS.

OKAY, I HOPE THAT HELPS EVERYBODY ELSE UP HERE.

SO NO MORE THAN SIX HOMES IF YOU KNOW, OR SOMEBODY COULD BUY IT AND NOT PUT A HOME ON IT, MAKE IT A WINERY AND JUST PICK RATES THAT YOU STILL HAVE SOME, SOME RIGHTS TO BUILD ACCESSORY STRUCTURES RELATING TO THE RIGHT.

BUT IT BASICALLY, IF THEY WANNA BUILD LIKE THE OLSEN'S DID, THEY NEEDED TO BUILD A TALL ENOUGH BUILDING, THEN IT JUST KEEPS 'EM FROM HAVING TO BRING IT BACK FOR THAT.

IT WOULD HAVE TO COME THROUGH FOR A VARIANCE.

AND, AND VERY RARELY WOULD WE, THE, THE BCA GIVE A VARIANCE FOR AN ACCESSORY STRUCTURE.

IT'S NOT, NOT REALLY A HARD SHIP, SO TO SPEAK.

SO THIS ADDRESSES THAT.

UM, SINGLE FAMILY DWELLINGS ARE NOT LIMITED IN, I BELIEVE IT'S WHAT, 40 FEET I BELIEVE, UM, IN HEIGHT, BUT, UM, IT'S VERY RARELY DO YOU SEE THAT.

BUT UH, YEAH, SO ONE SINGLE FAMILY DWELLING WITH AN OPTION TO DO A, YOU KNOW, EITHER A TENANT HOUSE OR A A GUEST HOUSE.

AGAIN, GUEST HOUSES WOULD HAVE TO COME THROUGH MM-HMM.

PER CONDITIONAL USE PERMIT.

AND THOSE ARE NON COMMERCIAL TEMPORARY USE DWELLINGS.

SO, UM, NOW THAT CONSERVATION EASEMENT, UM, HER CONCERN ABOUT, UM, LARGE SCALE TIMBERING OF THE PROPERTY, THEY HAVE DON'T I KNOW ALL, THERE'S MANY, MANY CONSERVATION EASEMENTS THAT HAVE DIFFERING LIMITATIONS AND THINGS, BUT MOST OF THEM DO HAVE RESTRICTIONS AND YOU HAVE TO MEET THE GUIDELINES FOR TIMBERING AND DIFFERENT AGRICULTURAL PROCESSES, CORRECT? THAT'S CORRECT.

THAT'S CORRECT.

THERE'S ACTUALLY A PORTION IN THIS, UH, CONSERVATION EASEMENT I PULLED, UH, FOR MANAGEMENT OF FOREST.

AND, UH, MR. PENNINGTON BROUGHT, UH, TO ME TONIGHT THIS EVENING, UH, HIS DOCUMENTATION FOR FOREST PRE-HARVEST PLAN AND A FOREST STEWARD MANAGEMENT PLAN.

THESE WERE, THESE WERE PUT TOGETHER BY BLUE RIDGE FORESTRY CONSULTING, AND THESE ARE TYPICALLY, THESE ARE GIVEN TO THE DEPARTMENT OF FORESTRY FOR REVIEW, TYPICALLY NOT STAFF.

UM, BUT I ASKED HIM TO BRING THOSE TO TONIGHT SO THAT, UH, HE WOULD JUST SHOW PROOF THAT HE WAS IN COMPLIANCE WITH THIS PORTION OF THE, UH, THE CONSERVATION EASEMENT.

AND ALSO THERE'S AN AGRICULTURAL CONSERVATION PLAN SECTION IF HE NEEDED, YOU KNOW, IF HE WAS GOING TO DO SOME KIND OF AGRICULTURAL USE.

SO BOTH OF THOSE WOULD HAVE TO BE COMPLIED WITH, UH, TO MEET THE INTENT OF WHAT THE CONSERVATION EASEMENT DETAILS.

UM, I DID HAVE A, A, A COUPLE RESIDENTS COME IN TODAY ASKING ABOUT, WITH SOME CONCERNS ABOUT, UM, THE PROTECTION OF THE STREAM THAT GOES THROUGH ONE OF THE PROPERTIES.

AGAIN,

[00:45:01]

THERE'S A, A RIPARIAN BUFFER SECTION WHICH REQUIRE SETBACKS AND, AND THAT KIND OF THING.

SO ALL OF THESE ITEMS, UM, YOU KNOW, OUR ADDRESS, IF, IF THE PROPERTY OWNER WANTED TO DO ANYTHING DIFFERENT, THEY'D HAVE TO COME BACK TO THE BOARD TO ASK THAT THEY CAN'T JUST DO IT OR EVEN I DON'T THINK ADMINISTRATIVELY WE CAN'T APPROVE IT.

IT'S, IT'S SOMETHING THE BOARD WOULD HAVE TO SAY, OKAY, WE WOULD ALLOW.

SO, UM, AND THAT, THAT'S REALLY ABOUT, AND IF, IF I UNDERSTAND, UM, THE FORESTRY FOR X NUMBER OF ACRES THAT YOU CUT TIMBER, YOU HAVE TO RESTORE, YOU HAVE TO REPLANT, THAT'D BE PART OF THAT MANAGEMENT PLAN.

AGAIN, I DON'T HAVE NO, I, I KNOW, BUT I KNOW THERE'S, THERE'S REALLY STRICT GUIDELINES THERE.

YOU CAN'T JUST STRIP TIMBER THE WAY YOU USED TO MANY, MANY YEARS AGO.

SO YOU WOULD ALSO PROBABLY GET INTO SOME EROSION AND SEDIMENT ISSUES AND THEN MR. BE WOULD, UH, AND THE BUILDING INSPECTIONS DEPARTMENT WOULD ADDRESS THAT, THOSE KIND OF THINGS.

SO.

OKAY.

ANY OTHER QUESTIONS? IF NOT, IS THERE A MOTION FINDING THAT THE REQUESTED REZONING IS APPROPRIATE FOR THE PUBLIC NECESSITY AND IS GOOD ZONING PRACTICE? I MOVE THAT THE BOARD OF SUPERVISORS APPROVE THE APPLICANTS REQUEST TO REZONE AND CHANGE THE ZONING MAP.

CLASSIFICATION OF THE PROPERTY IDENTIFIED ON TAX MAP 23 K LOTS, 23 AND FOUR FROM RESIDENTIAL ONE R ONE TO AGRICULTURAL A SECOND ROLL COMLOCK MRS. OATS AYE MADAM CHAIR.

AYE MRS. COOK? AYE MR. MA AYE.

MOTION PASSES

[L. 2. Conditional Use Permit 2022-09-01, Ryan Wesley Eshelman for Combination of a Single-Family Dwelling Unit and a Commercial Repair Garage & Wrecking Service Located at 1034 Rivermont Drive and Identified on Tax Map 27, Lot 20C - Matt Wendling, Planning Director]

YES, UH, THE APPLICANT IS APPLYING FOR THIS USE, UM, WHICH WAS FORMALLY OWNED BY HIS FATHER, UM, HIS LATE FATHER AND USED AS A COMMERCIAL GARAGE.

UH, MR. ESHELMAN WAS APPROVED THE CONDITIONAL USE PERMIT IN OCTOBER OF 1987.

HE CLOSED HIS BUSINESS IN 2009 AND THE PERMIT EXPIRED WITHIN THAT TI TWO YEAR TIME PERIOD.

UM, THE APPLICANT WILL BE USING THE EXISTING 36 BY 50 GARAGE SHOP FOR REPAIR AND WILL BE USING AN EXISTING SIGN AND PARKING THAT WILL BE ALONG THE DRIVEWAY TO THE SHOP ON EITHER SIDE.

HE STATES THAT HOURS OF OPERATIONS WILL BE MONDAY THROUGH FRIDAY, 8:00 AM TO 5:00 PM AND THAT HIS WIFE WILL BE THE ONLY OTHER EMPLOYEE OF THE BUSINESS AS AN OFFICE MANAGER AND BOOKKEEPER.

UM, DURING THE TIME THAT HIS FATHER OWNED THE PROPERTY, HE KEPT THE PROPERTY RELATIVELY NEAT ORDER OTHER THAN A FEW INOPERATIVE VEHICLES THAT HE PERSONALLY OWNED AND WERE WERE RESTORING PART OF IT WAS KIND OF ONE OF HIS HOBBIES THAT HE DID.

UM, WE DID RECEIVE A PHONE CALL FROM THE ADJACENT PROPERTY OWNER, MS. SHELLY COOK, AND SHE MENTIONED ON THE PHONE THAT SHE HAS NO PROBLEMS WITH THE USE.

UM, IF THE BOARD IS TO APPROVE THIS, UH, PLANNING COMMISSION DID MOVE THIS FOR WITH THEIR, UH, UM, UH, RECOMMENDATION FOR APPROVAL ON A FIVE TO OH VOTE WITH THE FOLLOWING CONDITIONS.

NUMBER ONE, NO MORE THAN 12 VEHICLE WILL BE STORED IN A WAITING REPAIR AT ANY ONE TIME.

NUMBER TWO, NO OPERATE INOPERABLE VEHICLE SHALL BE STORED ON THE PROPERTY FOR MORE THAN 30 DAYS.

NUMBER THREE, THE APPLICANTS SHALL COMPLY WITH ALL WARREN COUNTY HEALTH DEPARTMENT, VIRGINIA DEPARTMENT OF TRANSPORTATION, WARREN COUNTY BUILDING INSPECTIONS, DEPARTMENT BUILDING CODES, AND WARREN COUNTY FIRE MARSHAL FOR APPLICABLE FIRE SAFETY REGULATIONS AND RECOMMENDATIONS.

NUMBER FOUR.

SOLID WASTE MATERIAL SHALL BE DISPOSED OF PROPERLY AND SHALL BE KEPT IN AN ENCLOSED STRUCTURE NO MORE THAN 14 DAYS.

NUMBER FIVE, THERE SHALL BE NO PARKING OF VEHICLES ON THE DRAIN FIELD OR CONVEYANCE LINE OF THE SEPTIC SYSTEM.

NUMBER SIX, THE APPLICANT SHALL BE IN CONFORMANCE WITH THE REQUIREMENTS OF SECTION 180 42 WARREN COUNTY ZONING ORDINANCE REGARDING COMMERCIAL REPAIR GARAGES.

NUMBER SEVEN, THEY'RE MORE THAN TWO EMPLOYEES SHALL BE ASSOCIATED WITH THE OPERATION, WHICH INCLUDES THE OWNER OF THE PROPERTY AS THE MAN MANAGER.

NUMBER THREE, NUMBER EIGHT, EXCUSE ME.

UH,

[00:50:01]

NUMBER NINE, THE SALE OF VEHICLES IS PROHIBITED ON THE PROPERTY.

NUMBER 10, ALL ASSOCIATED MATERIALS SUCH AS OIL, GAS, CLEANING FLUIDS, FON, AND ANTIFREEZE FROM THE OPERATION OF THE GARAGE SHALL BE STORED WITHIN A FULLY ENCLOSED BUILDING AND CONTAINERS THAT ARE LABELED AND APPROVED BY WARREN COUNTY FIRE MARSHAL.

AND NUMBER 11, THE APPLICANT IS REQUESTING A, A WAIVER FOR THE PREEXISTING SIGN SIZE OF 16 SQUARE FEET.

UH, THE SIGN SHALL NOT BE INCREASED IN SIZE.

UM, THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED.

ADJACENT PROPERTY ANDERSON BEEN NOTIFIED.

I BELIEVE MR. STERMAN IS HERE.

YEP, THERE HE IS.

AND I'LL BE GLAD TO ANSWER ANY QUESTIONS.

WOULD YOU LIKE TO SPEAK AT THIS TIME? YES, PLEASE.

HI, I'M RON EMAN, 10 34 RIVER VERMONT DRIVE.

UH, I DON'T REALLY HAVE MUCH TO SAY, BUT I DID WANNA LET EVERYONE KNOW THAT UH, I BELIEVE VDOT HAD SAID SOMETHING SET OF RECOMMENDATION FOR THE ENTRANCEWAY MAY NEEDED TO BE ACCEPTABLE AS A LOW VOLUME COMMERCIAL ENTRANCE, WHICH IT NOW IS.

UM, BUT REALLY OTHER THAN THAT HE PRETTY MUCH COVERED IT ALL.

SO ANY QUESTIONS I'D BE GLAD TO ANSWER THOUGH.

OKAY.

PUBLIC HEARING IS NOW OPEN OR THERE ANY QUESTIONS FOR THE APPLICANT? NOT AT THIS TIME.

THANK YOU.

THANK YOU MRS. SHIRAKI, DID ANYONE SIGN UP TO SPEAK ON THIS ONE? NO MA'AM.

WOULD ANYONE LIKE TO SPEAK ON THIS ITEM AT THIS TIME? SECOND CALL.

WOULD ANYONE LIKE TO SPEAK? THIRD CALL.

ALL PUBLIC HEARING IS CLOSED.

ARE THERE ANY QUESTIONS FROM THE BOARD? IS THERE A MOTION I MOVE THAT THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT REQUEST OF RYAN WESLEY ESHELMAN FOR A COMMERCIAL REPAIR GARAGE WITH A SINGLE FAMILY DWELLING WITH THE CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF AND SUPERVISOR OS.