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WE ALL SET? READY TO GO? OKAY.WELCOME TO THE, UH, BOARD OF SUPERVISORS MEETING DATED, UH, FEBRUARY 28TH, 2023.
[A. FY 2021-2022 Audit Presentation - Michael Lupton with Robinson, Farmer, Cox Associates]
OUR AGENDA IS THAT WE ARE GOING TO HAVE A FISCAL YEAR 2122 AUDIT PRESENTATION.UM, AND THIS WILL BE PRESENTED BY, UM, MR. LUTON.
HI, HOW ARE YOU? GOOD, HOW ARE YOU DOING? I'M REAL GREAT.
THANK YOU SO MUCH, MADAM CHAIR, MEMBERS OF THE BOARD.
THANK YOU FOR HAVING ME THIS, THIS EVENING.
I'M A LOUD SPEAKER, SO I'LL TURN IT AWAY A LITTLE BIT.
UM, YEAH, THANK YOU FOR HAVING ME THIS EVENING.
I'M A PARTNER AT, UH, OUR CHARLOTTESVILLE OFFICE OF ROBINSON PHARMA COX ASSOCIATES, AND I'VE BEEN THE PARTNER IN CHARGE OF THIS, UH, THE WARREN COUNTY AUDIT FOR ABOUT THREE YEARS NOW.
SO WE'LL DIVE RIGHT INTO THE PRESENTATION HERE.
UM, WE'LL FIRST LOOK AT REQUIRED COMMUNICATIONS THAT WE HAVE, UM, WITH THE GOVERNING, UH, GOVERNING BODY HERE.
UM, IT'S WHAT WE CALL THE, THE, UM, UH, THE GOVERNANCE LETTER.
AND YOU WILL HAVE IT, IT'S A SEPARATE LETTER IN THE, IN THE FINAL PACKET THAT YOU'LL BE RECEIVING ONCE, UM, ONCE THE FINAL REPORTS ARE ISSUED, UM, IN, IN PRINTED FORM.
UM, WE'LL THEN DIVE INTO THE AUDIT RESULTS, WHICH INCLUDES, UM, OUR OPINIONS, UM, REPORTS AND SOME FINANCIAL HIGHLIGHTS, UM, TO, TO COVER FOR THE FY 22 YEAR.
UM, THIS LETTER IS COMPRISED OF SEVERAL DIFFERENT SECTIONS.
UM, THE, THE MOST IMPORTANT SECTION, IN MY OPINION, IS A DISTINCTION OF THE RESPONSIBILITY, UM, IN THE AUDIT ENGAGEMENT, THE FINANCIAL STATEMENTS AND THE FINANCIAL DOCUMENT THAT YOU SEE EACH YEAR.
THAT IS THE RESPONSIBILITY OF MANAGEMENT.
UM, IT IS THEIR RESPONSIBILITY TO HAVE THE BOOKS IN ORDER, UM, AND TO MAINTAIN A SYSTEM OF INTERNAL CONTROLS RELEVANT TO PREPARING AND PRESENTING THE FINANCIAL INFORMATION IN A MATERIALLY CORRECT WAY, IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.
OUR RESPONSIBILITY AS AUDITORS IS ESSENTIALLY TO AUDIT THOSE BOOKS, TO AUDIT THOSE FINANCIAL STATEMENTS.
UM, AND WE PREPARE AND PERFORM OUR AUDIT.
WE'RE REQUIRED TO PERFORM OUR AUDIT IN ACCORDANCE WITH, UM, GENERALLY ACCEPTED AUDITING STANDARDS, UM, AND ULTIMATELY RENDER AN OPINION BASED ON SUFFICIENT AND ADEQUATE AUDIT EVIDENCE THAT WE OBTAINED IN THE FISCAL YEAR.
PLEASED TO REPORT THAT THERE WERE NO SIGNIFICANT DIFFICULTIES, UH, THIS YEAR IN PERFORMING THE AUDIT THAT NEEDS TO BE COMMUNICATED, UM, TO THE GOVERNING BODY, UM, CORRECTED AND UNCORRECTED MISSTATEMENTS.
THERE WERE SEVERAL MATERIAL ADJUSTMENTS THAT WE PROPOSED AS A RESULT OF OUR AUDIT.
UM, AND ALL THE PROPOSED ADJUSTMENTS WERE ACCEPTED AND, UH, UH, IF NOT ALREADY WILL BE POSTED TO THE, TO THE BOOKS OF, OF THE COUNTY.
NO DISAGREEMENTS WITH MANAGEMENT AND APPLYING ACCOUNTING PRINCIPLES TO OUR KNOWLEDGE, NO CONSULTATIONS WITH OTHER AUDITORS.
UM, IN OTHER MATTER TO DISCLOSE AND TO DISCUSS IS, UH, A DISCLAIMER OF OPINION ON THE E D A FINANCIAL STATEMENTS, UM, DISCLAIMED IN OPINION ONCE AGAIN FOR FY 22, UM, DUE TO THE FACT THAT THE FINANCIAL INFORMATION IS NOT COMPLETE AND IN AN ORDER TO, TO, UH, CURRENTLY AUDIT AT THIS POINT IN TIME.
MAY INTERRUPT FOR JUST A SECOND.
SO WITH, WITH THAT, UH, YOU'RE REFERENCE THE FACT THAT WE STILL HAVE THE FY 20 AND 21 AUDITS TO COMPLETE FOR THE E D A.
SO THAT'S WHY YOU DON'T HAVE THE DATA IS ALL THERE IN 22.
IT'S A MATTER OF RECONCILING IT WITH TOGETHER TWO YEARS.
SO IT'S THE OTHER TWO YEARS THAT ARE THE ISSUE RATHER THAN THIS YEAR.
THAT'S VERY GOOD FORM, CORRECT? YES.
SO JUST SO I, I UNDERSTAND THAT THIS AUDIT INCLUDES THE E D A.
SO NOW WE'RE THREE YEARS BEHIND.
WE WILL BE THREE, WE'LL BE THREE YEARS BEHIND.
SO MADAM CHAIR, JUST WANTED TO, TO MAKE SURE THAT I UNDERSTAND THAT THE E D A IS CONSIDERED A SEPARATE BODY, CORRECT? IT IS A SEPARATE BODY.
UM, HOW, OR THERE'S A SEPARATE GOVERNING BODY.
UM, HOWEVER, IT IS A COMPONENT UNIT OF THE COUNTY DUE TO ITS RELATION, FINANCIAL RELATIONSHIP, AND ALSO, UM, OTHER RELATIONS WITH THE, WITH THE, THE COUNTY, UM, FROM A FISCAL, UH, FISCAL PERSPECTIVE.
SO THEN IF YOU TOOK A LOOK AT IT AS A WHOLE MM-HMM.
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SEPARATE? YES.BECAUSE IT IS THE FRONT ROYAL WARREN COUNTY E D A.
AND IT HAS TWO LOCAL JURISDICTIONS, AND IT HAD SERVED INDEPENDENTLY SINCE JANUARY, SINCE JULY ONE, EXCUSE ME, OF 2019.
THE COUNTY BECAME THE FA THE FISCAL AGENT, IN ORDER TRYING TO VERIFY ALL THE EXPENDITURES.
AND THE ISSUE WE HAVE IS TYING BACK TO THE AUDIT FOR 1819, JUNE 30TH, 2019.
SO WE HAVE THE CORRECT STARTING PLACE OKAY.
SO, BUT OUR BOOKS ARE SEPARATE.
IT'S JUST, THIS IS A SEPARATE THING THAT WE DO AS AN FA.
THE, THE, THE REASON I'M ASKING IS CUZ I JUST WANTED TO MAKE SURE THAT, THAT, UH, YOU KNOW, WHEN YOU TALK ABOUT THIS AND YOU, THAT YOU CAN EXCLUDE THE ED AS FAR AS THIS GOES MM-HMM.
AND THEN WHEN YOU TAKE A LOOK AT THE ED THAT, UH, THAT THERE'S STILL SOME THINGS THAT WE NEED TO ADDRESS THERE MM-HMM.
I MEAN THAT, THAT WHAT WE'RE PRESENTING TODAY ON THE COUNTY FINANCIAL STATEMENTS, THAT IS A HUNDRED PERCENT THE COUNTY, UM, UM, YOU KNOW, THE, THE, THE E D A IDA ACTIVITY TO, TO ED'S POINT, IT'S A SEPARATE ENTITY.
UM, AND, UM, IS REPORTED, YOU KNOW, AS A, AS A, UM, AS A COMPONENT UNIT OF THE COUNTY, BUT AS A SEPARATE ENTITY.
MAY, MAY I ASK A QUESTION? IS IT A COMPONENT UNIT OF THE TOWN? YES.
SO THE TOWN'S AUDIT, THE TOWN AND THE COUNTY CREATED THE ID, THE E D A AND THEY ARE BOTH, IT'S A COMPONENT OF BOTH GOVERNMENTS.
SO THE AUDIT FOR THE TOWN IS DEPEND, IS ALL MENTIONS THIS AS WELL? YES, IT SHOULD.
CAUSE I CAN'T SPEAK FOR THE AUDITOR, BUT IF YOU REMEMBER WHEN WE WERE TALKING ABOUT WHY WE COULDN'T GET, WHEN I WAS OVER MY FORMER LIFE OVER THERE, UH, WE COULDN'T GET THE AUDIT DONE BECAUSE THE COUNTY AND THE TOWN BOTH COULD NOT GET THEIR AUDITS DONE BECAUSE THEY WERE WAITING FOR THE E D A TO HAVE THE POINT, THE CORRECT POINTS.
UH, AND THAT WAS ONE OF THE REASONS THAT, UH, WE PUSH TO HAVE THE FINANCIAL REON RESPONSIBILITIES GIVEN TO THE COUNTY, UH, SO THAT IT WOULD BE AWAY FROM ANYTHING OVER THERE.
AND COINCIDENTALLY, WE DIDN'T HAVE ANY MONEY OVER THERE ANYWAY.
SO, UH, WE, WE HAD A ZERO BALANCE IN THE WHOLE, PLUS THE FACT THAT WE STARTED HERE AS OUR FISCAL AGENT.
IS IT REASONABLE TO BELIEVE THAT THERE WILL BE AN E D A AUDIT THAT COMPLETE THAT GETS COMPLETED? YES.
IT'S, UM, IT WILL BE COMPLETED.
WE ARE, WE ARE ALL GONNA HAVE TO AGREE WHAT IS THE BEST STARTING NUMBER.
AND I DON'T KNOW WHAT THAT NUMBER IS, AND I DON'T MEAN TO BE ARBITRARY ABOUT IT, BUT WE CAN'T JUST TAKE A CUP AND COUNT THE COINS IN THE CUP.
IT'S BECAUSE THERE WAS MONEY HERE, THERE WAS MONEY HERE, THERE WAS MONEY OVER IN THAT LOAN, THERE WAS MONEY OVER IN THAT LOAN, THERE WAS MONEY THAT WENT OVER HERE.
THERE WAS MONEY WENT TO THE AUNT AND UNCLE, THERE WAS MONEY THAT WENT, WENT HERE OR THERE, AND EVERYWHERE WENT INTO THIS.
TL WENT INTO THIS LLC, IT WENT INTO THAT LLC.
AND IF YOU MESS AROUND WITH ALL THAT MONEY FOR OVER 10 YEARS, IT'S REAL HARD TO TRY AND GET A STRAIGHT ANSWER WHERE IT IS.
AND WHEN WE DID THE 17 AND 18 AND 19 AUDITS, 17 TO 18 AND 18 TO 19, BROWN EDWARDS DID THEM.
AND THEY COULD NOT GET DATA FROM THE PRIOR AUDITOR.
THEY WOULDN'T RELEASE THAT DUE TO LITIGATION AND SOME OTHER COMPLICATIONS THERE.
SO THEY HAD TO COME UP WITH A STARTING POINT.
AND SO NOW MICHAEL LOOKS AT THAT FOR 1920 AND SAYS, WELL, WHERE'D YOU GET THAT STARTING POINT
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IS IN A NUTSHELL.SO IT, IT'S EASY TO COUNT WHAT YOU TOOK IN AND WHAT YOU SPENT, YOU JUST CAN'T FIGURE OUT WHAT YOUR STARTING BANK ACCOUNT WAS SO THAT YOU KNOW WHAT THE ENDING IS.
DOES THAT MAKE, THAT'S, AND, AND, UH, MADAM CHAIR, I JUST WANTED TO ASK, UH, WHEN, UH, WHEN YOU SAY THAT THE, UH, OH, UM, I LOST MY TRAIN OF THOUGHT THERE.
UM, LEMME THINK, UH, I'LL GET BACK TO IT, BUT THE ED IS DEFINITELY PART OF FINANCES IS DEFINITELY PART OF OUR MISSION, MA'AM.
I JUST, IT'S FIVE YEARS LATER AND I WAS JUST WONDERING HOW MUCH LONGER TO BE, WE GOT TWO OUTTA AN IT'S FINISHED.
WHEN YOU SAID THAT THEY WERE INVOLVED IN LITIGATION, WAS THAT BECAUSE THE AUDITOR THEMSELVES WERE INVOLVED IN THE LITIGATION OR BECAUSE WHAT THEY HAD BEEN AUDITING WAS INVOLVED IN LITIGATION? WELL, UH, THAT, UM, WOULD PROBABLY BE BEST, UH, TALKED ABOUT, UH, IN EXECUTIVE SESSIONS, SIR, ALL BECAUSE IT INVOLVES A NUMBER OF LEGAL MATTERS AND YOU'D HAVE TO TALK TO THE COUNTY ATTORNEY AND SO FORTH.
I I WAS JUST CUR KIND OF CURIOUS ON THAT.
UM, JUST A QUICK THING AND THEN WE'LL MOVE ON.
EVENTUALLY, HOPEFULLY IN THE NEAR FUTURE THAT WE CAN GET OUR ARMS AROUND THIS E EVA STUFF, BECAUSE THIS IS WHAT WE'RE GOING, UM, MY SECOND YEAR.
OH, THIS IS THE FIFTH YEAR AND THIS IS FOR YOU? YEAH, IT'S OUR, IT'S MY FOURTH
YOU KNOW, EVENTUALLY WE'RE, WE'RE GONNA HAVE TO AGREE ON A BASELINE NUMBER YEAH.
E EVENTUALLY AND WHO THAT ALL AT THIS POINT IN TIME, WE CAN'T SAY WHO'S GONNA MAKE THAT AGREEMENT, BUT, UM, YOU KNOW, WE, WE NEED TO ADDRESS THIS AT A, A LIMITED TIME.
SORRY FOR TAKING TO STAY OUTTA A RABBIT HOLE.
UH, YOU KNOW, ONCE YOU SAY E DATION, ONCE YOU SAY ED, WE'RE LIKE
I APPRECIATE THE CONVERSATION.
UM, SO THE, THE, THE ANNUAL FINANCIAL REPORT THAT YOU, THAT YOU'LL BE RECEIVING, UH, HAS FOUR MAIN SECTIONS, THE INTRODUCTORY SECTION, THE FINANCIAL SECTION, STATISTICAL SECTION, AND COMPLIANCE SECTION.
THE FINANCIAL SECTION IS BY FAR THE LARGEST SECTION OF THE FINANCIAL REPORT AS YOU CAN IMAGINE, OUR OPINION ON THE COUNTY AND SCHOOL BOARD FINANCIAL STATEMENTS IS AN UNMODIFIED OPINION, UM, THAT IS A CLEAN OPINION, UM, AND IS THE BEST OPINION THAT WE CAN OFFER IN OUR PROFESSION.
UM, ESSENTIALLY WHAT THAT MEANS IS THAT THE FINANCIAL STATEMENTS AS PRESENTED ARE MATERIALLY CORRECT IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.
AND AGAIN, TO THE DISCLAIMER OF OPINION FOR THE E D A AND IDA FINANCIAL STATEMENTS, THAT'LL ALSO BE, UH, YOU KNOW, TWO PARAGRAPHS THAT YOU'LL SEE IN THE, THE OPINION, THE REPORT THAT WE PROVIDE, UM, WITH THE, UH, WITH THE AUDITED FINANCIAL STATEMENT REPORT.
UM, MANAGEMENT'S DISCUSSION AND ANALYSIS IS A GOOD PART.
UM, GOOD WAY TO START THE REPORT.
UM, IT IS A, IT IS A NARRATIVE OVERVIEW OF THE FINANCIAL REPORT.
IT'S WRITTEN BY COUNTY MANAGEMENT, UM, BOTH IN THE FINANCE DEPARTMENT AND BY THE COUNTY ADMINISTRATOR.
UM, AND, AND, AND BASICALLY PROVIDES A BRIEF ANALYSIS OF THE FINANCIAL DATA AND A COMPARISON TO THE PRIOR YEAR AND A, A NARRATIVE OF THE HAPPENINGS IN THE FISCAL YEAR.
SO CERTAINLY A GOOD PLACE TO START, START OFF READING THE REPORT, JUMPING INTO SOME FINANCIAL FUND HIGHLIGHTS HERE.
EXHIBIT THREE IS THE BALANCE SHEET OF THE COUNTY.
UM, IT IS PREPARED ON THE MODIFIED ACCRUAL BASIS.
I WON'T GET INTO THE DETAILS OF THE DISTINCTION BETWEEN THE BASES OF ACCOUNTING.
UM, BUT THIS BASIS IS THE SAME BASIS THAT YOU ALL BUILD THE COUNTY BUDGET ON.
UM, SO THIS IS, UH, CERTAINLY A, A, A A, A FINANCIAL STATEMENT TO FOCUS ON WHEN, WHEN ASSESSING, UM, HOW, HOW THE COUNTY DID IN RELATION TO THE BUDGET.
UM, ON THE MODIFIED ACCRUAL BASIS BALANCE SHEET, YOU'LL SEE A COMBINED ENDING FUND BALANCE FOR ALL GOVERNMENTAL FUNDS OF APPROXIMATELY 41.25 MILLION.
UM, THE GENERAL FUND MAKES UP ABOUT 24.02 MILLION OF THAT TOTAL GOVERNMENTAL FUND FUND BALANCE.
UNASSIGNED FUND BALANCE, UH, WAS APPROXIMATELY 21.36 MILLION.
AND A COMBINATION OF BOTH UNASSIGNED AND COMMITTED FUND BALANCES ACCOUNTED FOR ABOUT 37.86 MILLION.
AND OF COURSE, BOTH CATEGORIES ARE AVAILABLE FOR APPROPRIATION AT DISCRETION AT THE DISCRETION OF YOU ALL.
SO COULD YOU DEFINE UNASSIGNED? UNASSIGNED? SO THERE ARE DIFFERENT LEVELS OF FUND BALANCE.
UM, THE, THERE'S A NONS SPENDABLE FUND BALANCE.
THERE IS A COMMITTED FUND BALANCE.
THERE IS AN ASSIGNED FUND BALANCE, A RESTRICTED FUND
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BALANCE, AND AN UNASSIGNED FUND BALANCE.SO BASICALLY ANY FUND BALANCE THAT DOES NOT MEET THOSE OTHER FOUR DEFINITIONS OF BEING ASSIGNED NONS SPENDABLE, COMMITTED, RESTRICTED IS UNASSIGNED.
UM, AND THAT IS AGAIN, UH, AVAILABLE FOR USE AT THE DISCRETION OF, OF ALTA AS THE GOVERNING BODY.
CAN YOU GO BACK TO THAT? I, I, BECAUSE THAT'S CONFUSING TO ME.
SO, SO THE COMBINED, OR WE HAVE A GENERAL FUND, WHICH IS 24 0 2 MM-HMM.
AND THEN WE HAVE THE UNASSIGNED FUND BALANCE, WHICH IS A NON-COMMITTED AMOUNT OF MONEY TO ANY PARTICULAR ITEM OR BUDGET ITEM THAT'S CORRECT.
WHY DO WE HAVE THAT
THAT'S IN ESSENCE IS YOUR RAINY DAY.
YOU REMEMBER SEVERAL YEARS AGO YOU WERE TALKING ABOUT THE FACT YOU WERE BELOW THE BALANCE THAT YOU SAID YOU NEEDED IN YOUR FINANCIAL POLICIES TO BE ABLE TO PROVIDE ANOTHER COMMITTED RESERVE FOR YOUR DEBT.
IS THAT THE 15%? THAT'S THE 15%.
AND SO 15% WOULD BE WHAT AMOUNT? DR.
DALEY? 15 MILLION APPROXIMATELY.
THAT'S WHAT I THOUGHT OVER THAT.
SO OUT OF THAT UNFUNDED UNASSIGNED FUND BALANCE, THE, THAT WOULD BE THE RESERVE THAT WE WOULD DO PER OUR FINANCIAL POLICY, WHICH WOULD BE APPROXIMATELY, WE'LL FOR, WE'LL SAY 16 MILLION FOR THE SAKE OF MINIMAL.
AND, AND THERE, THERE ARE A COUPLE OF, IN A COUPLE OF SLIDES, THERE'S A, A METRIC THAT SHOWS THE PERCENTAGES OVER THE LAST FEW YEARS.
SO IT'LL BE A NICE ASSESSMENT THERE AS WELL.
YOUR GREAT CONVERSATION SHOULD BE TO HAVE SIX MONTHS CASH.
RIGHT? SO YOU WANT TO HAVE 50% OF YOUR TOTAL BUDGET THAT YOU HAVE IN THE BANK BECAUSE THEN YOU EARN MONEY ON IT.
GET ACCORDING, CAN YOU STAMP YOU THIS GRANT MONEY? THEY DO, YES.
SO GRANT FUNDS, EXPIRED GRANT FUNDS, EXPIRE GRANT FUNDS, UH, SHOULD ALL BE IN THE GENERAL FUND CATEGORY OR SCHOOL FUND CATEGORY OR SOMETHING RATHER THAN IN THE UNASSIGNED THERE SHOULDN'T BE GRANT FUNDS IN THE UNASSIGNED CATEGORY.
AND, AND, SORRY, I'M GONNA, OH, YOU GO AHEAD.
OH, I WAS GONNA SAY, UH, JUST TO, TO KIND OF ADD TO THAT POINT TOO, MOST OF THE GOVERNMENTAL GRANTS, UM, ARE REIMBURSEMENT BASED MM-HMM.
UM, AND SO YOU UTILIZE AND REQUEST REIMBURSEMENT FOR THE GRANT.
UM, THAT, YOU KNOW, ONE LARGE EXCEPTION IS THE, THE, UH, ARPA MONEY, UM, STATE AND LOCAL FISCAL RECOVERY FUNDS.
THAT IS WHAT'S RECEIVED IN ADVANCE IS RECEIVED IN ADVANCE.
UM, AND YOU RECOGNIZE THAT REVENUE AS YOU USE IT.
ARPA PLAYS INTO THIS EXACTLY WHAT HE'S SAYING BECAUSE OF THE FACT THAT HE CARES ACT TO REMEMBER YOU BUDGETED ALL OF THAT MONEY IMMEDIATELY MM-HMM.
THE ARLE MONEY, WE HAVE BUDGETED THE 7 MILLION FOR THE BROADBAND.
THE REMAINDER APPROXIMATELY, UH, 800,000 IS THERE THAT WE HAVE NOT BUDGETED BECAUSE WE WANT TO SEE HOW THE BROADBAND COSTS US AND RUNS US OUT JUST TO MAKE SURE WE DON'T GET CAUGHT.
AND THEREFORE IT SHOWS UP IN THERE AND THEN IT'S UNASSIGNED BECAUSE WE HAVEN'T ASSIGNED TODAY.
WAS THAT ARPA MONEY ASSIGNED? BECAUSE I KNEW WE HAD SET ASIDE FOR THE BROADBAND, BUT IT'S TECHNICALLY IN THERE UNASSIGNED.
THE, THE PART THAT WE HAVE NOT ASSIGNED TO, BUT THE 800,000.
BUT THE REST IS ASSIGNED TO BROADBAND, CORRECT? YES.
SIX MILLIONS CHANGED TO THE CO BROADBAND CONTRACTOR.
UM, THE TOTAL, OR SEVEN? SEVEN, EXCUSE ME.
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UP IN BOTH PLACES.EXHIBIT FIVE AGAIN IS PREPARED ON THE SAME BASIS THAT YOU ALL, UH, DEVELOPED THE BUDGET ON.
UM, THIS IS THE, THE PROFIT LOSS OF THE COUNTY REAL, IT'S CALLED THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE.
UM, WHAT YOU'LL SEE IS THAT THERE WAS A COMBINED GOVERNMENTAL FUND BALANCE INCREASE OF APPROXIMATELY 1.21 MILLION IN THE FISCAL YEAR.
UM, IN THE GENERAL FUND SPECIFICALLY, THERE WAS AN INCREASE ABOUT 5.52 MILLION.
NOW THAT, UM, THE REASON WHY THOSE ARE A BIT, YOU KNOW, OFF, UM, AS YOU CAN PROBABLY SEE THERE, IS THAT GOVERNMENTAL FUNDS ALSO INCLUDE THE SPECIAL PROJECTS FUND.
AND THAT 5.52 MILLION INCREASE IN THE GENERAL FUND WAS IN LARGE PART DUE TO A LARGE TRANSFER FROM THE SPECIAL PROJECTS FRAUD FUND.
UM, AND AGAIN, A BRIEF ANALYSIS OF ALL THE CHANGES IN FUND BALANCE CAN BE FOUND IN THE MANAGEMENT'S DISCUSSION ANALYSIS ONCE YOU ARE ABLE TO OBTAIN THAT INFORMATION.
SO JUST A BRIEF, UH, BAR CHART HERE.
THE FUND BALANCE BY TYPE OF ALL FUNDS, YOU CAN SEE, UM, YOU KNOW, AN INCREASE IN, IN THE FUND BALANCE FROM 2020 TO 2021 AND FAIRLY STEADY JUST A, A, AN, UH, YOU KNOW, AN INCREASE, BUT A, A MORE MINOR INCREASE IN 2022.
UM, YOU'LL SEE A, AT THE VERY BOTTOM THERE IS A GREEN SECTION, UM, THAT IS NONS SPENDABLE FUND BALANCE.
THAT'S ESSENTIALLY THE PREPAID EXPENDITURES, UH, THAT HAD, UM, AS OF JUNE 30 22, THEY WERE PREPAID BEFORE THE END OF THE YEAR, UH, FOR THE NEXT PERIOD.
BUT OTHERWISE, THE LIGHTER GREEN IS UNASSIGNED, THE BROWN IS COMMITTED, AND THE BLUE IS RESTRICTED.
SO A NICE, UH, ASSESSMENT OF, UH, GENERAL FUND EXPENDITURES.
AND WE EXCLUDED CAPITAL PROJECTS IN THIS CASE BECAUSE THAT CAN FLUCTUATE QUITE SIGNIFICANTLY IN ONE YEAR TO THE NEXT.
UM, UH, AS COMPARED TO THE FUND BALANCE, AS YOU CAN SEE, YOU KNOW, THE INCREASE IN THE EXPENDITURES ALSO ALIGNS WITH AN INCREASE IN THE FUND BALANCE.
SO THAT'S, THAT'S WHAT YOU WANNA SEE.
YOU WANNA SEE THAT, THAT KIND OF GOING HAND IN HAND, UM, TO MAKE SURE THAT YOUR, YOUR FUND BALANCE IS THERE TO COVER, UM, THE INCREASE IN EXPENDITURES.
HERE'S THE STATISTICAL, UH, UH, INFORMATION.
I WAS, I WAS TELLING YOU ABOUT, UH, MS. OATS, UM, THE UNASSIGNED FUND BALANCE AS A PERCENTAGE OF EXPENDITURES.
UM, AND THE GENERAL FUND, YOU CAN SEE FOR 22 IT WAS 24.71%.
SO UNASSIGNED FUND BALANCE, YOU KNOW, THAT, THAT, AS ED MENTIONED, IS KIND OF THE RAINY DAY, IS THE RESERVE AMOUNT.
UM, AND YOU ALL, UH, HAVE, UH, YOU KNOW, UH, HAD IN YOUR POLICIES TO MAINTAIN A LEVEL ABOVE 15%.
I'VE SEEN POLICIES RANGING FROM 10 TO 25 TO 30.
UM, SO I THINK THAT IT'S, UM, IT'S CERTAINLY UP TO THE, THE, THE BOARD TO MAKE THAT, THAT CALL AND THAT DISCRETION.
AND YOU CAN SEE IT'S FAIRLY STEADY FROM, YOU KNOW, FOR THE LAST FEW YEARS.
UM, DOWNSWING A LITTLE BIT IN 2020 AND 2021.
BUT, UM, UH, IS, IS, IS, IS GAINING MOMENTUM AND INCREASING AGAIN FOR FY 22 GENERAL FUND REVENUES FOR THE CURRENT AND LAST THREE FISCAL YEARS.
UM, 88.23 MILLION, OR EXCUSE ME, 88.3 MILLION IN FY 22.
UM, AND YOU CAN SEE THE FY 21, 20 AND 2019 REVENUES LISTED THERE.
UM, THE SPIKE IN FY 21 WAS, I BELIEVE MOSTLY RESULT OF CORONAVIRUS RELIEF FUNDING, UM, THAT WAS RECOGNIZED AND INCREASED THE REVENUES QUITE CONSIDERABLY IN FY 21.
UM, BUT YOU CAN KIND OF SEE THE MOVEMENT BETWEEN 19 AND 20.
UM, YOU CAN SEE THAT KIND OF STEP BETWEEN 20 AND 22.
UM, 22 IS ABOUT WHERE YOU WOULD WANT IT TO BE.
UM, THE NOMINAL INCREASE FROM, FROM ONE YEAR TO, OR, YOU KNOW, AN INCREASE FROM ONE YEAR TO THE NEXT.
THERE, THE STATISTICAL SECTION OF THE FINANCIAL REPORT, UM, PROVIDES A GOOD HISTORICAL TREND DATA.
IT, IT PRESENTS FINANCIAL AND DEMOGRAPHIC INFORMATION OVER THE LAST 10 YEARS.
UM, SO THAT'S A GOOD SECTION TO KIND OF LOOK AT, YOU KNOW, TREND INFORMATION AND ASSESS HOW THINGS ARE GOING, UM, FROM A TREND PERSPECTIVE AND JUST SHOWING THE MAJOR EXPENDITURE CATEGORIES.
HOPEFULLY YOU ALL HAVE BETTER EYESIGHT THAN I DO, UM, AND CAN SEE THOSE ITEMS THERE.
UM, UH, THE EDUCATION EXPENDITURE OF COURSE, IS THE LARGEST, AND YOU'LL SEE THAT ACROSS THE BOARD AT, UH, MOST LOCALITIES.
UM, PUBLIC SAFETY, UM, THERE WAS A, A SLIGHT INCREASE IN 2021 AND BACK DOWN TO EARTH A LITTLE BIT IN 2022.
THAT MOSTLY IN 2021 WAS THE CORONAVIRUS RELIEF STUFF.
UM, AND SO IT'S CERTAINLY A, A JUMP THERE FOR FY 21.
AND AS YOU CAN SEE, THE, THE OTHER, UM, ITEMS THERE, DEBT SERVICE, UM, AS WOULD BE EXPECTED IS DECREASING SLIGHTLY EACH YEAR.
SO THAT'S WHAT YOU'RE WANTING TO SEE.
UM, AND THE HEALTH, HEALTH AND WELFARE EXPENDITURES
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OBVIOUSLY TRENDING UPWARDS A LITTLE BIT.UM, AND OTHER GENERAL GOVERNMENT ADMINISTRATION KIND OF TRENDING UPWARDS A LITTLE BIT AS WELL.
SO THE, SO THE, THE DEBT SERVICE THAT, UH, THAT INCLUDES THE, THE CAPITAL EXPENDITURES THAT THE COUNTY HAS, HAS HAD, UH, FOR, FOR ALL OF THE THINGS THAT THE COUNTY'S RESPONSIBLE FOR.
SO THE DEBT SERVICE EXPENDITURES ARE THOSE THAT THE COUNTY'S OBLIGATED TO REPAY, UM, BOND ISSUANCES.
UM, AND OTHER DEBT OBLIGATIONS.
AND THEN THAT, THAT COVERS EVERYTHING TO INCLUDE SCHOOLS, TO INCLUDE ALL, ALL OF THOSE THINGS.
SO THE BOARD POLICY, THE LAST SEVERAL YEARS HAS BEEN PAY AS YOU GO.
SO THERE'S NO NEW DEBT AT, SINCE, UM, PROBABLY WARREN COUNTY MIDDLE SCHOOL WAS THE LAST THAT L F K ELEMENTARY WE'RE, WE'VE BEEN MOVING OUR CASH TOGETHER AND SCHOOLS CASH COMBINED INTO THE CAPITAL FUNDS TO BE ABLE TO PAY CASH FOR THAT.
AND WHEN YOU SAW THAT BIG JUMP BACK THERE OF 4 MILLION THAT WENT FOR TRANSFERS, IT WAS MONEY FROM SPECIAL PROJECTS INTO CAPITAL PROJECTS, UH, SO THAT WE DON'T BORROW ANY MORE MONEY.
SO THAT, SO RIGHT NOW THE, OUR, UM, DEBT SERVICE IS RUNNING, WHAT, ABOUT 11 MILLION A YEAR? THAT'S ABOUT RIGHT.
AND THEN THE DEBT SERVICE AT 11 MILLION A YEAR IS ABOUT 10% OF OUR BUDGET.
CLOSE TO 12, 12% OF OUR BUDGET.
HOVERING RIGHT AROUND 90 MILLION IN GENERAL FUND EXPENDITURES, EXCLUDING CAPITAL PROJECTS.
UM, SO YEAH, APPROXIMATELY 12.
WELL, WE'RE TRYING TO BRING IT DOWN.
YEAH, THAT'S EXACTLY WHY WE'RE TRYING TO BRING IT DOWN.
UH, MAJOR REVENUE CATEGORIES HERE.
UM, AS YOU WOULD EXPECT, UH, GENERAL PROPERTY TAXES ARE THE, IS THE MAIN SOURCE OF REVENUE FOR THE COUNTY, UM, AS IT IS FOR EVERY LOCALITY.
UM, AND IS EX EXPERIENCING A STEADY INCREASE OVER THE LAST SIX YEARS.
UM, THE LINE BELOW THAT IS INTERGOVERNMENTAL, UM, REVENUE, WHICH IS FEDERAL AND STATE REVENUE, AND JUST TO, YOU KNOW, LABOR, THE POINT OF FY 2021 SHOWING THE INCREASE FOR CORONAVIRUS RELIEF FUNDS.
UM, AND BACK DOWN TO A MORE, UH, STEADY LEVEL THAT YOU WOULD EXPECT, UM, EACH YEAR, UH, CHARGES, OR EXCUSE ME, OTHER LOCAL TAXES, A STEADY INCREASE, CERTAINLY A, A GOOD TREND THERE AND CHARGES FOR SERVICES AND THE PERMITS PRIVILEGE FEES AND, AND REGULATORY LICENSES THERE AT THE BOTTOM.
SO, SO COULD WE SAY THAT THERE'S BEEN AN INCREASE IN THOSE BECAUSE OF AN INCREASE IN THE, IN THE POPULATION OR THE DEMOGRAPHICS OF THE COUNTY? THAT, AND ALSO, UM, POTENTIALLY AN INCREASE IN THE ASSESSMENTS AS WELL.
UM, PROPERTY, UH, PROPERTY ASSESSMENTS, UM, WHICH IN TURN INCREASES THE LEVY.
WELL, UH, OUR GOAL, AND I DON'T KNOW ABOUT THE, UH, I KNOW THAT, UH, UH, MANY OF THE BOARD MEMBERS, YOU KNOW, THAT THEY ALL FEEL THE, THE SAME WAY THAT I DO, WHICH IS IF THE ASSESSMENTS GO UP, THEN THE, THEN THE LEVY WILL GO DOWN, NOT THE, NOT THE LEVY, BUT THE PERCENTAGE OF TAXES WILL GO DOWN SO THAT WE CAN TRY AND MAINTAIN IT FLAT BECAUSE WE'VE GOT, UH, YOU KNOW, YOU'VE GOT THE, UH, UH, SOME SEGMENTS OF THE POPULATION THAT, UH, YOU KNOW, YOU WANT TO KEEP IT FLAT FOR THEM.
BUT IF YOU GO BACK AND YOU LOOK AT THE CHART THERE, SIR, FOUR YEARS AGO, PRIOR TO ANYBODY UP THERE SITTING THERE, THERE WA THERE WAS AN INCREASE OF 10% IN THE RATE MM-HMM.
SO THAT PUSH THIS JUMP THAT YOU SEE FROM 20 TO 21 TOOK PLACE BECAUSE OF THAT.
NOW, OKAY, THIS BOARD HAS ALREADY SAID WE'RE GOING TO EQUALIZE THAT RATE AND WE'RE NOT GONNA RAISE IT.
[00:30:01]
THERE THE NEXT TIME.AND I BELIEVE THE CARS INCRE APPRECIATING DURING THAT A LITTLE BIT.
PROBABLY BUMPED THAT UP AS WELL.
IT HELPED NOT NEARLY AS MUCH BECAUSE OF WHAT WE DID TO REDUCE LAST YEAR, BUT IT DID HELP, MA'AM.
BUT SO WHAT WE'RE TRYING TO DO IS JUST AVOID A WINDFALL ON THAT.
WELL, I I THINK THAT TAX WAS INCREASED NOT NECESSARILY WITH THE REAPPRAISAL, WASN'T IT? IT WAS INCREASED OTHERWISE.
I THOUGHT IT WAS THE ROLLBACK AND THEN IT WAS THE INCREASE, WASN'T THAT THE SAME YEAR? YEAH, THE SIXTH CENTS 2019.
SO WHEN YOU DID THE REASSESSMENT THE LAST TIME, THEN ADDED, THEN ADDED IT ON, AND THEY HAD, UH, THAT WAS WHEN THE MIDDLE SCHOOL WAS COMING ONLINE AND THEY HAD SOME EXPENDITURES IN THERE AND THE REVENUE THIS UNRESTRICTED WAS NOT AS GOOD AS IT IS NOW.
SO THEY DIDN'T HAVE THAT OPTION OF BEING ABLE TO PAY CASH FOR SOME OF THEIR CAPITAL PROJECTS.
REMEMBER WHEN THE BOARD FIRST CAME ON, THEY WERE LOOKING AT WERE RIGHT.
HOVERING AROUND THAT 15% A FEW YEARS AGO, WHICH IS WHERE YOU DON'T WANT TO BE FIVE YEARS, IT'S INCREASED 15 MILLION.
SINCE WE'RE TALKING ABOUT, UH, PROPERTY ASSESSMENTS, UM, THIS IS, UH, A PRETTY NICE, UH, GRAPHICAL TABLE HERE.
UH, IF YOU ALL TO LOOK AT THE, THE PROPERTY ASSESSMENTS AS IT RELATES TO, UH, THE OUTSTANDING DEBT OF THE COUNTY, UM, AND AS YOU WOULD HOPE AND EXPECT THAT THAT PERCENTAGE DECREASES EACH YEAR.
SO THEN THE, THIS IS ONLY ON COUNTY REAL PROPERTY? THAT'S CORRECT.
SO THEN THE BUILDINGS THAT THE COUNTY OWNS, THE, THE LAND THAT THE COUNTY OWNS, OH, NO, NO, NO.
SO THESE ARE, THIS IS FOR ALL COUNTY, IT'S THE BUTLER RESIDENCE AND THE DAILY RESIDENCE TOO, SIR.
THE NEXT SECTION OF THE REPORT THAT YOU'LL FIND IS THE COMPLIANCE SECTION.
THAT SECTION HAS TWO REPORTS IN IT.
OUR REPORT ON INTERNAL CONTROL COMPLIANCE AND OUR REPORT ON THE UNIFORM GUIDANCE, WHICH IS THE FEDERAL SINGLE AUDIT REPORT.
UM, ON THE REPORT IN INTERNAL CONTROL AND COMPLIANCE, WE, UH, WE ASSESS THE INTERNAL CONTROL STRUCTURE AS IT RELATES TO ITS APPLICABILITY TO US GENERATING AND DEVELOPING OUR AUDIT PROCEDURES.
WE DON'T RENDER AN OPINION ON THE INTERNAL CONTROL ENVIRONMENT.
UM, HOWEVER, IF WE COME ACROSS ANY DEFICIENCIES IN CONTROLS THAT WE BELIEVE ARE SIGNIFICANT DEFICIENCIES OR MATERIAL WEAKNESSES, WE ARE REQUIRED TO DISCLOSE THOSE AND COMMUNICATE THOSE TO YOU ALL.
UM, WE HAD A, UH, A REPEAT MATERIAL WEAKNESS, UH, FROM THE PRIOR YEAR AGAIN, AND FOR FY 22.
UM, AND THE, THE, THE ISSUE AT AT HAND WITH THAT, UM, IS THAT THERE WERE FAR TOO MANY MATERIAL AUDIT ADJUSTMENTS THAT WERE PROPOSED BY US AS PART OF THE AUDIT.
UM, YOU KNOW, IDEALLY YOU COME INTO, AUDITORS COME INTO AN AUDIT AND ALL THE BOOKS, YOU KNOW, ALL THE FINANCIALS ARE ADJUSTED ACCORDINGLY.
AND THERE ARE AS FEW AS POSSIBLE AUDIT ADJUSTMENTS THAT ARE PROPOSED, UM, AS PART OF THE AUDIT PROCESS.
UM, UNFORTUNATELY FOR BOTH FY 21 AND FY 22, UM, THERE WERE, YOU KNOW, CONSIDERABLE AMOUNT OF ENTRIES THAT WE HAD TO PROPOSE, UM, SEVERAL OF WHICH THAT WERE VERY SIGNIFICANT IN DOLLAR VALUE, UM, TO GET THE BOOKS AND THE FINANCIAL STATEMENTS TO BE MATERIALLY CORRECT IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.
SO TO US, THAT WOULD BE AN INDICATION OF A MATERIAL WEAKNESS IN THE CONTROL PROCESS.
AND THE YEAR END IS SPECIFICALLY IN THE YEAR END CLOSE CONTROL PROCESS.
EX YEAH, PLEASE EXPLAIN TO ME
SO GIMME AN EXAMPLE LIKE WHY YOU WOULD HAVE TO DO THAT.
SO, UM, YEAH, SO THE, THE CONTROL ENVIRONMENT IS, IS IS AN, AN ENVIRONMENT THAT, UM, MANAGEMENT IS REQUIRED TO MAINTAIN, TO MAKE SURE, UM, THAT THE FINANCIAL STATEMENTS THAT THEY'RE ISSUING AND PROVIDING ARE MATERIALLY CORRECT.
[00:35:02]
IF THERE ARE ENTRIES, CERTAIN ADJUSTING JOURNAL ENTRIES AND, AND JOURNAL ENTRIES ARE, YOU KNOW, UH, REALLY SYNONYMOUS FOR ADJUSTMENTS THAT ARE MADE TO THE FINANCIAL STATEMENTS.UM, AT THE END OF THE YEAR, THERE ARE VERY, THERE, THERE ARE, THERE'S AN OVERWHELMING AMOUNT OF ADJUSTMENTS THAT NEED TO BE MADE TO THE FINANCIAL STATEMENTS IN ORDER TO GET THE FINANCIAL STATEMENTS MATERIALLY CORRECT.
UM, ULTIMATELY IT IS UP TO MANAGEMENT TO MAKE THOSE ADJUSTMENTS.
IS THERE RESPONSIBILITY TO MAKE SURE THAT THOSE ADJUSTMENTS ARE BEING MADE? UM, THE ISSUE THAT WE HAD THIS, THIS PARTICULAR YEAR AND LAST YEAR WAS THAT WE CAME INTO THE AUDIT AND IN PERFORMING THE AUDIT REALIZED AND RECOGNIZE THE FACT THAT A LOT OF THOSE ADJUSTMENTS WERE NOT MADE.
UM, AND SO WHAT WE HAD TO DO AS AUDITORS IS WE HAD TO COME IN AND SAY, OKAY, WHAT SHOULD THE BALANCE BE? UM, NOT ONLY WERE WE AUDITING THAT BALANCE, BUT THEN WE HAD TO ADJUST THE FINANCIAL STATEMENTS TO REFLECT THAT BALANCE.
SO WHAT YOU'RE SAYING THAT THE ADJUSTMENTS THAT YOU FOUND MM-HMM.
IT WAS, YOU KNOW, SOME WERE, UM, PREPARED AND SOME WERE NOT.
UM, SO WHAT DO YOU THINK THE ROOT CAUSE OF THIS? I, I THINK A CONSISTENCY IN STAFFING IS PROBABLY, UM, A PRIMARY CAUSE.
UM, YOU KNOW, WHENEVER THERE IS, YOU KNOW, TURNOVER IN A FINANCE DEPARTMENT, IT'S VERY DIFFICULT TO BUILD THAT LEVEL OF CONSISTENCY TO WHERE YOU HAVE A, YOU KNOW, ROUTINE PROCESS THAT YOU'RE ABLE TO REPEAT YEAR IN AND YEAR OUT.
UM, AND, AND ALSO TOO, I MEAN, IT'S, IT'S IMPORTANT TO HAVE, YOU KNOW, FINANCIAL ACCOUNTING PROFESSIONALS TO BE ABLE TO ASSESS WHAT NEEDS TO BE ADJUSTED, UM, AND FOR THOSE INDIVIDUALS TO BE IN PLACE, UM, FOR, TO, TO GAIN EXPERIENCE.
YOU KNOW, IT'S LIKE ANY OTHER JOB FUNCTION YOU NEED TO GAIN EXPERIENCE, BECOME PROFICIENT AT IT.
UM, AND SO I THINK THAT'S PROBABLY THE ROOT CAUSE IS JUST, JUST THE INCONSISTENT, UM, AND TURNOVER OF STAFF, UM, IN THE FINANCE DEPARTMENT.
SO, SO, SO BASICALLY WHAT, WHAT YOU'RE, WHAT YOU'RE TELLING ME IS, IS THAT THE, UH, YOU KNOW, AS LONG AS YOU FOLLOW GENERAL ACCOUNT ACCEPTED ACCOUNTING PRINCIPLES, YOU CAN SET YOUR OWN BUSINESS RULES WITHIN THE, WITHIN MANAGEMENT.
AND WHAT YOU'RE SAYING IS, IS THAT, UH, THAT THE, THAT WE DIDN'T FOLLOW THE RULES THAT WE SET INTERNALLY.
SO THEREFORE WHEN YOU CAME IN AND YOU TOOK A LOOK AND SAID, OH, THIS WAS CHARGED TO THIS ACCOUNT, IT SHOULD BE A CHARGE TO THIS ACCOUNT OVER HERE.
IS THAT WHAT YOU'RE TELLING ME? ESSENTIALLY? OKAY.
UM, AND, AND SPECIFICALLY RELATING TO THE YEAR END CLOSED PROCESS, THOUGH NOT NECESSARILY THROUGHOUT THE YEAR AND THINGS NOT BEING CHARGED THE PROPER ACCOUNT PER SE, BUT MAKING THE YEAR END ADJUSTMENTS SO THAT THE FINANCIAL STATEMENTS AS OF JUNE 30 ARE REFLECTED IN A MATERIALLY CORRECT WAY BECAUSE THAT, THAT WOULD FOLLOW WITH WHAT YOU WERE SAYING ABOUT THE, THE, THE INCONSISTENT OR THE, YOU KNOW, THE CHANGEOVER IN MANAGEMENT STUFF.
AND, AND THAT'S UNDERSTANDABLE.
AND, UH, I CAN DO FIVE PLUS THREE TO MAKE SURE FIVE AND THREE BOTH GET IN THE RIGHT CATEGORIES.
WE'RE GETTING OURSELVES THERE.
UH, SAID THE BEGINNING ALL WAS THERE.
WE JUST HAD IT IN THE WRONG CATEGORY HERE TO HERE AND THEN BACK OVER HERE, HERE UP TO HERE.
AND YEAH, THE ACCOUNT TRANSFERS ON HOW WE DO THAT.
BUT THAT'S, ISN'T THAT THE PROCESS OF US LEARNING HOW TO DO WHAT WE ARE DOING BETTER THAN WE WERE BEFORE? YES, SIR.
ITS THE ONLY ONE, THE ONLY ONE THERE NOW, WHO WAS THERE WHEN MICHAEL TALKED ABOUT THIS LAST WEEK, MR. SCOTT.
SO EVERYBODY ELSE HAS COME IN, SO WE'RE LEARNING.
AND I DO, I DO THINK WITH, WITH THE CURRENT STAFF, YOU KNOW, WITH THAT EXPERIENCE, JUST TO KIND OF ADD TO THAT POINT, THEY, THEY, THEY'LL GET THERE.
[00:40:01]
FAITH IN THAT FOR SURE.UM, SO OUR OTHER REPORT IS THE AUDITOR'S REPORT ON THE UNIFORM GUIDANCE.
THAT IS THE FEDERAL SINGLE AUDIT REPORT.
UM, ANY LOCALITY THAT RECEIVES MORE THAN $750,000 IN FEDERAL AWARDS IN EXPENDS, MORE THAN $750,000 OF FEDERAL AWARDS IN A GIVEN YEAR IS REQUIRED TO UNDERGO A SINGLE AUDIT.
COUNTY UNDERGOES A SINGLE AUDIT EVERY YEAR, AS YOU WOULD IMAGINE.
UM, THIS YEAR WE AUDITED, UH, THE SNAP PROGRAM.
UH, WE AUDITED THE CHILD NUTRITION CLUSTER AND WE AUDITED THE EDUCATION STABILIZATION FUND.
UM, SO TWO SCHOOL PROGRAMS, WHICH SCHOOLS HAVE A MAJORITY OF THE FEDERAL FINANCIAL, UM, REVENUE THAT, THAT COMES THROUGH THE COUNTY.
SO THAT'S NOT, UM, THAT'S NOT, UH, A RARITY.
AND, UH, AND TO THE POINT THERE, UH, THERE WERE NO INSTANCES OF NON-COMPLIANCE THAT WE NOTED DURING OUR SINGLE AUDITS.
SO THAT'S, THAT'S WHAT I HAVE FOR YOU ALL THIS EVENING.
I'M CERTAINLY OPEN TO ANSWERING ANY OTHER QUESTIONS OR FIELDING ANY COMMENTS THAT YOU ALL HAVE AT THIS TIME.
WHAT'S THE BOTTOM LINE FOR, BOTTOM LINE FOR ME IS ALL THE NUMBERS ADDED UP ONCE THEY GOT IN THE RIGHT PLACE.
CAN I ASK THE SIMPLE QUESTION? SURE.
HOW ARE WE DOING
IF YOU'RE MAINTAINING A RESERVE, UM, IN, IN ACCORDANCE WITH YOUR POLICIES, I THINK YOU'RE, YOU'RE, YOU'RE, YOU'RE, YOU'RE FOLLOWING THOSE POLICIES AND, AND YOU'RE KIND OF, UM, IN A GOOD POSITION IN ACCORDANCE WITH THOSE POLICIES.
SO, UM, I KNOW THAT'S PROBABLY A VAGUE
MY QUESTION QUESTION WAS VERY VAGUE AS WELL,
THANK YOU VERY MUCH FOR YOUR TIME.
THANK YOU FOR HAVING ME THIS EVENING.
THANK YOU FOR GETTING AND DON
IT WAS ALL WITH, UH, HARD WORK FROM, FROM ALYSSA AND ANNETTE AS WELL.
I MEAN, THEY JUST DID A GREAT JOB THIS YEAR.
WHEN, WHEN DO WE EXPECT THIS? THE PAPERWORK OR THE FINAL PAPERWORK ON THIS? YEAH, IT, IT DEPENDS ON WHEN WE GET THE RESPONSE FROM ATTORNEY AND ALSO THOSE ELEMENT OF THE YEAH, THERE WERE, THERE WERE PEOPLE THAT ACTUALLY HAVE ASKED FOR A COPY OF IT.
I KNOW IT'S A PUBLIC PUBLIC DOCUMENT SO THEY CAN GET IT OFF OF THE WEBSITE, BUT YOU WANT TO PUT IT IN YOUR HAND IF THEY WANT IT.
SO SHOULD WE TAKE, I I WAS JUST GONNA SAY WE HAVE A F MCDONALD'S
I'M STARVING TIME NOT FOR MCDONALD'S.
IT IS SIX O'CLOCK BREAKS OVER
[Call to Order]
I'M GONNA BE CALLING OUR MEETING TO ORDER.[B. Adoption of Agenda – Additions or Deletions]
ON OUR AGENDA IS THE ADOPTION OF OUR AGENDA.DOES ANYBODY ON THE BOARD HAVE ANY ADDITIONS OR DELETIONS? MADAM CHAIR, I MOVE THAT WE ADOPT THE AGENDAS PRESENTED.
MAY I HAVE A ROLL CALL PLEASE? MR. MABE? AYE.
MADAME CHAIR? AYE MRS. COLORS, MR. BUTLER? AYE.
OKAY, WE'RE GONNA BE MOVING TO THE NEXT, UM, ITEM WHICH IS, UM, OUR PUBLIC HEARINGS.
SO WE'RE GOING TO START WITH OUR GUIDELINES AND THEN WE'LL JUST MOVE INTO THE ITEMS. CAN YOU HEAR ME OUT THERE? MM-HMM.
SO OF COURSE OUR PUBLIC HEARING IS AN OPPORTUNITY FOR THE PUBLIC TO DISCUSS A MATTER THAT IS BEFORE THE BOARD FOR ACTION.
A PUBLIC HEARING IS NOT A DEBATE.
ALL COMMENTS WILL BE DIRECTED TO THE BOARD OF SUPERVISORS AND NOT TO THE AUDIENCE.
THE SPEAKERS WILL HAVE THREE MINUTES TO SPEAK AND PLEASE BE CONSIDERATE OF ALL YOUR FELLOW SPEAKERS.
THERE SHALL BE NO APPLAUSE, BOOING OR OTHER LOUD DISRUPTANCE TO THESE PROCEEDINGS.
POSTERS AND OTHER MEANS OF VISUAL DISPLAY OF COMMENTS ARE NOT PERMITTED IN THE BOARDROOM.
THE BOARD WILL NOT TOLERATE PERSONAL TAX BY ANYONE ON ANY OF THE PARTICIPANTS IN THESE PROCEEDINGS AND ANYONE WHO VIOLATES THE GUIDELINES MAY BE ASKED TO LEAVE THE MEETING.
WITH THAT ALL BEING SAID, WE'LL GO GO
[C1. Lease of County-Owned Property at the Front Royal-Warren County Airport to Tom Schwietz - Alisa Scott, Finance Director]
INTO THE FIRST[00:45:01]
ITEM, UH, THE LEASE OF THE COUNTY OWNED PROPERTY AT FRONT ROW WARREN COUNTY AIRPORT TO TOM SH SCHWETZ.THIS PUBLIC HEARING IS FOR THE LEASE OF COUNTY OWNED PROPERTY LOCATED AT 2 29 STOKES AIRPORT ROAD FRONT ROW ONE COUNTY AIRPORT TO TOM SCHWETZ FOR HANGAR EIGHT EIGHT.
THIS PUBLIC HEARING IS BEING HELD TO ENSURE THE COUNTY ABIDES BY VIRGINIA CODE SECTION 15.2 DASH 1800 B AS AMENDED.
UH, THIS REQUEST PROVIDES AIRPORT WITH CONSISTENCY AND OPERATIONS SO THAT ALL LEASES CONTAIN THE APPROPRIATE APPROVALS, EXCUSE ME, IN TERMS OF CONDITIONS AT THE SAME LEASE RATE.
UH, I'LL BE HAPPY TO ANSWER ANY QUESTIONS.
IS THE APPLICANT HERE WOULD LIKE TO SPEAK? NO.
IS THERE ANY QUESTIONS OR COMMENTS AT THE BOARD? NO.
WE ALL GOOD? IS THERE ANYBODY HAVE SIGNED UP TO SPEAK? NOPE.
IS THERE ANYBODY IN THE AUDIENCE WE'D LIKE TO COME AND SPEAK? SECOND INVITATION.
IT'S OUR VERY GOOD, IT'S OUR LAST CALL.
UH, DO WE HAVE A MOTION? MADAM CHAIR? I MOVE THE BOARD OF SUPERVISORS APPROVE THE LEASE AGREEMENT WITH TOM SWEETS AS PROPOSED.
I FURTHER MOVED THE BOARD OF AUTHORIZED THE CHAIR AND COUNTY ADMINISTRATOR, EITHER OF WHOM MAY ACT TO EXECUTE ALL NECESSARY DOCUMENTS THAT HAVE BEEN APPROVED BY THE COUNTY ATTORNEY OR THE ASSISTANT COUNTY ATTORNEY.
IS THERE A SECOND? SECOND ROLL CALL PLEASE.
[C2. Lease of County-Owned Property at the Front Royal-Warren County Airport to Shane Neitzey - Alisa Scott, Finance Director]
IS THE LEASE OF COUNTY OWNED PROPERTY AT THE FRONT ROYAL WARREN COUNTY AIRPORT TO SHANE NITZY.I HOPE I PRONOUNCED THAT CORRECTLY.
MS. UH, MS. SCOTT, THIS PUBLIC HEARING IS FOR THE LEASE OF COUNTY OWNED PROPERTY LOCATED AT 2 29 STOKES AIRPORT ROAD FRONT ROW, WARREN COUNTY AIRPORT TO SHANE NSK FOR HANGAR B 13.
THIS PUBLIC HEARING IS BEING HELD TO ENSURE THE COUNTY ABIDES BY VIRGINIA CODE SECTION 15 TWO DASH 1800 B AS AMENDED.
THIS REQUEST PROVIDES THE AIRPORT WITH CONSISTENCY AND OPERATIONS SO THAT ALL LEASES CONTAIN THE APPROPRIATE APPROVALS AND TERMS AND CONDITIONS IN THE SAME LEASE RATE.
IS THE APPLICANT HERE IF THEY WOULD LIKE TO SPEAK? NOPE.
IS THERE ANY COMMENTS OR QUESTIONS FROM THE BOARD OR MS. SCOTT? IS THERE ANYONE IN THE AUDIENCE WHO'D LIKE TO SPEAK? SECOND AN INVITATION.
THIS IS OUR LAST CALL FOR SOMEONE TO SPEAK.
DO WE HAVE A MOTION? MADAM CHAIR? I MOVE THE BOARD OF SUPERVISORS APPROVE THE LEASE AGREEMENT WITH SHANE, UH, NTK AS PROPOSED.
I FURTHER MOVE THE BOARD AUTHORIZED THE CHAIR AND COUNTY ADMINISTRATOR, EITHER OF WHOM MAY ACT TO EXECUTE ALL NECESSARY DOCUMENTS THAT HAVE BEEN APPROVED BY THE COUNTY ATTORNEY OR THE ASSISTANT COUNTY ATTORNEY.
DO WE HAVE A SECOND? SECOND ROLL CALL PLEASE.
[C3. Conditional Use Permit 2022-12-01, Remo Kommnick for a Short-Term Tourist Rental Located at 226 Judy Lane and Identified on Tax Map 15E, Section 5, Block 5, as Lot 576A - Chase Lenz, Zoning Administrator]
ITEM ON THE AGENDA IS A CONDITIONAL USE PERMIT.2022 DASH 12 DASH OH ONE REMO HOK FOR A SHORT TERM TERRA RE LOCATED AT 2 26 JUDY LANE AND IDENTIFIED ON TAX MAP 15 E SECTION FIVE BLOCK FIVE AS LOT 5 76 A MR. LINZ.
THE APPLICANT IS REQUESTING A CONDITIONAL USE PERMIT FOR A SHORT-TERM TOURIST RENTAL FOR THE PROPERTY HE PURCHASED IN MAY OF 2017.
THE OWNER WOULD LIKE TO MAKE HIS DREAM CABIN AVAILABLE FOR SHORT TERM LODGING FOR VISITORS OF THE WARREN COUNTY AREA WHEN NOT IN USE BY HIS FRIENDS AND FAMILY CURRENTLY RESIDING IN RICHMOND, VIRGINIA.
THE APPLICANT WILL MANAGE THE PROPERTY PERSONALLY WITH ASSISTANCE FROM A LOCAL PROPERTY MANAGER.
THERE IS A HEALTH DEPARTMENT OPERATION PERMIT ON FILE FOR THIS PROPERTY APPROVING A MAXIMUM OF TWO OCCUPANTS, SO ONE BEDROOM DWELLING AND HE HAS PROVIDED A PROPERTY MANAGEMENT PLAN FOR OUR REVIEW AND
[00:50:01]
THE DWELLING DOES MEET THE 100 FOOT SETBACK REQUIREMENT TO ADJACENT SINGLE FAMILY DWELLINGS WITH THE CLOSEST DWELLING 458 FEET TO THE NORTHEAST.I WILL READ THE RECOMMENDED CONDITIONS THROUGH THIS FIRST FOR THIS FIRST APPLICATION AND FOR THE REMAINING SHORT-TERM TORRES RENTAL APPLICATIONS TONIGHT.
I'LL READ THE ONES THAT ARE DIFFERENT.
CONDITION NUMBER ONE, THE APPLICANT SHALL COMPLY WITH ALL WARREN COUNTY HEALTH DEPARTMENT, WARREN COUNTY BUILDING INSPECTIONS AND VIRGINIA STATEWIDE FIRE PREVENTION CODE REGULATIONS AND REQUIREMENTS.
NUMBER TWO, THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED TWO AS DETERMINED ACCORDING TO THE HEALTH DEPARTMENT OPERATION PERMIT FOR A ONE BEDROOM DWELLING.
NUMBER THREE, THE APPLICANT SHALL HAVE THE WELL WATER TESTED ANNUALLY FOR E COLI AND COLIFORM BACTERIA.
COPY OF THE RESULTS SHALL BE SUBMITTED TO THE PLANNING AND HEALTH DEPARTMENTS.
NUMBER FOUR, THE APPLICANT SHALL HAVE THE SYSTEM 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.
NUMBER FIVE, THE DISCHARGE OF FIREARMS AND HUNTING ON THE PROPERTY BY GUESTS SHALL BE PROHIBITED.
NUMBER SIX, THE USE OF ALL TERRAIN VEHICLES BY GUESTS ON THE PROPERTY AND WITHIN THE SUBDIVISION SHALL BE PROHIBITED.
AND NUMBER SEVEN, OUTDOOR BURNING IN THE USE OF FIREWORKS BY GUESTS SHALL BE PROHIBITED.
THIS APPLICATION WAS FORWARDED TO THE BOARD OF SUPERVISORS BY THE PLANNING COMMISSION WITH A RECOMMENDATION OF APPROVAL, THE UNANIMOUS RECOMMENDATION OF APPROVAL.
THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED ADJACENT PROPERTY YOUR OWNERS HAVE BEEN NOTIFIED.
BELIEVE THE APPLICANT IS HERE TODAY.
HE SAID HE WOULD BE HERE
PUBLIC HEARING IS OPEN AND THE APPLICANT I IS NOT HERE.
SO DOES SUPPORT HAVE ANY QUESTIONS OR, UM, COMMENTS TO THE C U P? NO.
IS THERE ANYONE IN THE AUDIENCE WE'D LIKE TO? MADAM CHAIR? UH, I JUST HAVE JUST HAVE ONE QUESTION.
YOU KNOW, IT SAID THAT, UH, THAT YOU'RE LIMITED TO TWO PEOPLE THERE AND UH, I WAS JUST WONDERING THE, UH, HOW, HOW IS THAT TYPICALLY ENFORCED IF IT'S JUST TWO PEOPLE? YEAH, SO THEY'LL BE LIMITED TO TWO PEOPLE.
WE'LL MAKE SURE THAT THEIR ADVERTISEMENT FOR THE SHORT-TERM TORRES RENTAL IS FOR TWO PEOPLE.
AND, UM, WE HAVE COMMUNICATED THAT WITH THE PROPERTY OWNER AND HE'S AWARE THAT THAT ALSO INCLUDES HIM IF HE'S THERE.
AND I ALSO BELIEVE HE JUST WALKED IN.
WOULD YOU LIKE TO SPEAK? UM, ARE THERE ANY CONCERNS? NOPE, NOT YET.
UH, MR. RAKI, HAS ANYONE SIGNED UP TO SPEAK? NO.
SO ANYBODY AUDIENCE WOULD LIKE TO SPEAK ANOTHER INVITATION? OKAY.
SO DO WE HAVE A MOTION? MADAM CHAIR, I MOVE THAT THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT REQUEST OF REMO COMMENCE, COMMENCED NICK OF A SHORT TERM TOURIST RENTAL WITH THE CONDITIONS AS ARE RECOMMENDED BY THE PLANNING COMMISSION AND STAFF.
AND I'M SORRY, I BUTCHERED YOUR NAME.
[C4. Conditional Use Permit 2022-12-02, Robert Chevez for a Short-Term Tourist Rental Located at 604 Windy Knoll Drive and Identified on Tax Map 20, as Lot 29F - Matt Wendling, Planning Director]
WE'RE GOING ON TO THE NEXT ITEM, WHICH IS THE, UM, ITEM FOUR CONDITIONAL USE PERMIT 2022 DASH 12 DASH OH TWO.ROBERT CHAVEZ FOR A SHORT TERM TERRA RENTAL LOCATED AT 6 0 4.
WENDY NOEL DRIVE AND IDENTIFIED ON MAC TAX MAP 20 AS LOT 29 F MR. WELDING.
GOOD EVENING, MADAM CHAIR AND MEMBERS OF THE BOARD.
UH, THE APPLICANT'S COMPANY CONS, LL LEGACY TWO LLC PURCHASES PROPERTY AS AN INVESTMENT PROPERTY IN JULY OF 2022.
THE APPLICANT DOES HAVE A PROPERTY MANAGER SELECTED TO MANAGE AND MARKET THE PROPERTY.
THIS SWELLING IS CITED ACROSS THE RIVER FROM FRONT ROYAL GOLF CLUB ON A CLIFF OVERLOOKING THE SHINDO RIVER, AND IT IS ACCESSED OFF OF WENDY NOLL DRIVE IN MARY SHADYS LANE, WHICH ARE PRIVATE ROADS.
THE FORMER OWNER OF THIS PROPERTY WAS ISSUED A CONDITIONAL USE PERMIT FOR A GUEST HOUSE FOR A CARETAKER IN JULY OF 2010 BY THE BOARD OF SUPERVISORS.
UM, HER NAME WAS RAMONA BOWDEN.
MS. BOUND NEVER ESTABLISHED A SECOND DWELLING IN THE PERMIT EXPIRED IN JUNE OF 2016.
UM, THE C U P SUBSEQUENTLY EXPIRED, UH, AFTER THE PROPERTY OWNER REMOVED A CAMPER THAT HAD BEEN USED, UH, ON THE PROPERTY.
UM, THE PROPERTY DOES MEET THE, UH, SETBACKS FOR DWELLING.
UM, IT IS 780 FEET, 88 FEET FROM, UH, THE NEAREST DWELLING.
UM, STAFF IS RECOMMENDING THE FOLLOWING CONDITIONS.
[00:55:01]
ALSO FORWARDED TO THE BOARD BY THE PLAINTIFF COMMISSION WITH RECOMMENDATION FOR APPROVAL.THEY ARE OUR STANDARD CONDITIONS.
UM, NUMBER TWO IS THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED TWO AS DETERMINED ACCORDING TO THE HEALTH DEPARTMENT OPERATIONAL PERMIT FOR ONE BEDROOM DWELLING.
ALSO, THE OWNERS ARE ALSO DOING SOME RENOVATIONS AND, UH, TO THE PROPERTY, TO THIS STRUCTURE AND ANY PERMITS THAT WOULD BE REQUIRED, UM, THEY WOULD NEED TO GET THOSE, UH, PRIOR TO IF THIS IS APPROVED PRIOR TO THE, UH, CHANGE OF USE OCCUPANCY APPROVED BY THE BOARD, UH, BUILDING OFFICIAL.
SO, UH, WE'LL MAKE SURE THAT ANY PERMITS THAT THEY NEED, THEY'LL, THEY'LL GET, AND THEN IF IT IS APPROVED, THEN THEY'LL DO, CAN DO THE CHANGE OF USE.
SO, UM, THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED.
ADJACENT PROPERTY OWNER IS NOTIFIED.
I'LL BE GLAD TO ANSWER ANY QUESTIONS.
I'M NOT SURE IF MR. CHAVEZ IS HERE OR IS REPRESENTATIVE.
WE DID EMAIL THEM, JUST LET 'EM KNOW, BUT VERY GOOD.
SO DOES THE BOARD HAVE ANY QUESTIONS OR COMMENTS TO THIS C U P? I CONTACTED, UM, MR. LINZ AND MR. WENLING EARLIER TODAY BECAUSE, UM, THERE IS A COMMENT, UH, IN THE PAPERWORK WHERE THERE'S NO PERMITS TO BE BE FOUND FOR THE RENOVATIONS THAT HAVE BEEN DONE.
BUT HE ASSURED ME ONE WAY OR THE OTHER, THEY DON'T GET THE PERMIT UNTIL, I MEAN, THE CONDITIONAL USE PERMIT UNTIL ALL OF THAT'S WORKED OUT, I'M NOT SURE HOW THAT'S GONNA PLAY OUT.
WE, WE WOULD NOT ISSUE THE CERTIFICATE OF ZONING FOR THE USE ITSELF UNTIL EVERYTHING IS IN ORDER.
SO YOU CAN APPROVE IT, BUT THE USE WILL NOT BE ALLOWED, YOU KNOW, UNTIL THAT IS ALL TAKEN CARE OF AND, AND ALL PERMITS THROUGH BUILDING INSPECTIONS HAVE BEEN COMPLETED.
SO, UM, THE ONLY OTHER QUESTION I WOULD HAVE IS BECAUSE THAT IS PRIVATE ACCESS ROAD NO RIGHT OF WAYS OR ANYTHING ARE GONNA BE AN ISSUE WITH THIS? NO, THIS, THIS HOUSE IS, MY GOODNESS, IT IS SO FAR OUT OF THE WAY.
YOU LITERALLY HAVE TO GO UNDERNEATH THE POWER LINES.
IT'S AT THE VERY END OF WINDY NOLL AND THERE'S JUST ADJACENT, THE ADJACENT PROPERTIES ARE BIG VACANT LOTS.
IT IS NEAR, I DON'T WANNA SAY NEAR, BUT ADJACENT TO THE, I THINK IT'S GOLF CLUB VIEW SUBDIVISION, WHICH ARE SOME VERY SMALL LOTS, MAYBE FOUR HOUSES IN ALL IN THAT SUBDIVISION.
UM, BUT IT'S A SIGNIFICANT DISTANCE AWAY FROM THOSE ALSO.
ANY OTHER COMMENTS OR QUESTIONS? I HAVE ONE COMMENT.
THE, UM, WELL QUESTION TOO, BUT THE, UM, GOING BACK TO THE PERMITS AND I, I UNDERSTAND THAT IF WE APPROVE IT, YOU'RE NOT GONNA APPROVE IT UNTIL IT'S, UH, YOU, YOU KNOW, YOU'VE BEEN, BEEN ABLE TO JUSTIFY THE PERMITS.
IS THERE A CERTIFICATE OF OCCUPANCY ON THIS, ON THIS PROPERTY RIGHT NOW? MR. UH, BEAM DID NOT SAY ANYTHING TO THE OPPOSITE OF THAT.
USUALLY THAT'S WHAT HE LOOKS FOR.
SO I WOULD SAY THAT THERE'S A CERTIFICATE OF OCCUPANCY BECAUSE HE DIDN'T SAY THAT THERE WASN'T ONE.
IT'S AN OLDER HOME, IT'S BEEN THERE FOR A LONG TIME AND, UH, MS. BOW KNOWN IT FOR A LONG TIME, SO I, I CAN'T SAY ONE WAY OR ANOTHER, BUT MR. BEAM IS PRETTY THOROUGH ABOUT HIS REVIEWS AND HE WOULD'VE MENTIONED THAT IN HIS REVIEW IF THERE WAS NOT A CERTIFICATE OF OCCUPANCY.
ANY OTHER COMMENTS, QUESTIONS? NO, I, I DO HAVE ONE, ONE QUESTION.
AND THAT WAS ON THE, YOU KNOW, THE, THE, THE MATTER OF THE UH, UH, PERMITS AND STUFF.
AND, UH, I'M NOT SAYING THAT THIS WILL HAPPEN, BUT LET'S SAY THAT, UH, IF WE DID HAVE AN INSTANCE LIKE THIS WHERE THE, UH, WHERE YOU NEEDED TO GET A CERTIFICATE OF OCCUPANCY.
SO WHAT HAPPENS IF, YOU KNOW, WE, WE FIND OUT THAT, UH, UH, YOU KNOW, BY H****R, BY CROOK, THAT WELL THERE IS SOMEBODY, YOU KNOW, STAYING THERE AS FAR AS A, UH, SHORT TERM RENTAL, THEN, THEN WHAT HAPPENS? THEY WOULD BE IN VIOLATION BECAUSE THEY WOULD NOT HAVE GONE COMPLETED THE PROCESS.
THEY WOULD'VE NOT HAVE GOTTEN THE CERTIFICATE OF ZONING FROM PLANNING STAFF.
THEY WOULD NOT HAVE REGISTERED FOR THEIR BUSINESS LICENSE OR THEIR TRANSIENT LODGING.
SO WE COULD SEND THEM A NOTICE TO SAY, YOU KNOW, YOU'VE GOTTA COMPLETE THIS INFORMATION.
OUR ZONING OFFICER WOULD DO THAT, YOU KNOW, ON HIS REVIEW.
IF THEY DID NOT, THEN WE COULD FEASIBLY, WE COULD REQUEST A REVOCATION OF THE, THE C U P IF THEY DID NOT CEASE THE ADVERTISEMENT OF
[01:00:01]
IT.SO TYPICALLY SOMETIMES IT TAKES PEOPLE A LITTLE TIME TO KIND OF GET THINGS GOING ON THESE, SO THEY HAVE UP TO TWO YEARS TO ESTABLISH IT BY CODE.
BUT IF THEY'RE ADVERTISING WITHOUT COMPLETING THE PROCESS, THEN THEY'RE TECHNICALLY IN VIOLATION AND, YOU KNOW, WE WOULD NOTIFY 'EM AND THEY WOULD HAVE TO JUST STOP ADVERTISING UNTIL THEY WERE ABLE TO.
BUT WHAT HAPPENS IF SOMEBODY'S THERE? WELL, I MEAN, WHAT IS THE MECHANISM THAT THE BOARD WOULD HAVE? I MEAN, WOULD YOU BRING THIS TO THE BOARD AND THE BOARD WOULD SAY, OH, THAT'S IT? OR DO YOU, DO YOU WE, WE WOULD, I MEAN, TYPICALLY IF WE GOT A REPORT ON THAT, IF THE SHERIFF'S DEPARTMENT OR SOMEBODY GAVE US A CALL AND, AND SAID, YOU KNOW, SOMEBODY'S RENTING THIS PROPERTY AND, YOU KNOW, WE WOULD REVIEW OUR, THE RECORD AND SAY, OKAY, THEY'RE NOT, YOU KNOW, THEY CAN'T DO IT NOW, THEY HAVEN'T COMPLETED THE PROCESS.
UM, THE, THE MECHANISM IS THAT WE WOULD GIVE THEM AN OPPORTUNITY TO REMEDY THE, YOU KNOW, PROBABLY 30 DAYS TO REMEDY THE, THE, THE SITUATION.
AND THEN WE WOULD START REVOCATION A REVOCATION PROCEEDINGS FOR HOW LONG DOES THAT TAKE? I THINK THEY'RE ALLOWED, CAN YOU TAKE A LOOK AT THAT? YEAH, I THINK IT'S, I WANT TO SAY 60 DAYS.
WE'VE ONLY HAD TO RE REVOKE A COUPLE OF CEPS IN THE TIME THAT I'VE BEEN HERE.
AND THEY WERE FOR COM COMMERCIAL KENNELS.
FOR BOTH FOR AND, UM, ONE, THE GUY VOLUNTARILY CEASED AND THE OTHER ONE WAS A LITTLE BIT PROTRACTED.
THE, THE ONLY REASON I ASK IS BECAUSE, YOU KNOW, WE'VE, WE'VE BEEN, UH, UH, APPROVING A LOT OF THESE CONDITIONAL USE PERMITS MM-HMM.
SO WE ARE REVOKING THIS AS OF THIS DATE.
THAT'S A LEGISLATIVE ACTION BY THE BOARD.
WE CAN ONLY BRING IT TO THE BOARD.
UM, WE, WE CAN CITE THEM, UM, FOR THAT, AND THAT, THAT STARTS A, A CLOCK.
I BELIEVE THERE'S A EITHER 30 OR 60 DAY TIME PERIOD THAT RIGHT.
THEY CAN SHOW THAT, YOU KNOW, DOCUMENTATION OR SHOW SOMETHING TO US THAT THEY ARE NOT IN VIOLATION OR CEASE THE VIOLATION.
AND THEN WE WOULD GO FROM THERE.
SO THEN THOSE ARE THE PROTECTIONS FOR THE, THE INDIVIDUAL PROPERTY OWNER SO THAT WE, WE DON'T COME IN AND JUST WILLY-NILLY SAY, NOPE, YOU CAN'T DO THAT ANYMORE.
SO THEY, THEY, THEY, THERE IS A TIMEFRAME FOR THAT.
UM, AND I THINK, YOU KNOW, TO BE HONEST WITH YOU, WE WOULD, WE WOULD TAKE IT TO THE BOARD ONLY IF IT WAS A PATTERN OF NON-COMPLIANCE.
I THINK WE WOULD PROBABLY GIVE THEM AN OPPORTUNITY CUZ THEY HAVE GOING THROUGH THE PROCESS AND SOMETIMES PEOPLE WERE, THEY, THEY THINK, WELL, ONCE THE BOARD APPROVES THIS, WE'RE GOLDEN.
YOU KNOW, AND, AND WE TRY AND COMMUNICATE THAT THEY'RE NOT, BUT THEY SOMETIMES DO.
SO WHAT WE DO IS, UH, WE'VE BEEN REACHING OUT TO THEM AND GOING AND REVIEWING THESE AND OKAY.
MAKING SURE THAT THE FOLKS ARE IN COMPLIANCE BEFORE THEY GET THEIR CERTIFICATE OF ZONING.
I JUST WANTED TO KNOW, IS THAT FOR EDUCATION ON MY PART? SURE.
WE'LL GET YOU THAT CODE SECTION TOO.
IT ALMOST, UM, SEEMS LIKE WE'RE PUTTING THE CART BEFORE THE HORSE THAT THESE THINGS SHOULD BE DONE BEFORE WE VOTE ON 'EM FOR THAT VERY REASON TO.
BUT AS LONG AS IT GETS DONE, I GUESS THAT'S THE INDIVIDUAL.
IT KIND OF GIVES THEM A LITTLE BIT OF, OF AN INCENTIVE I THINK, BECAUSE THEY'RE NOT GONNA MAKE MONEY ON THE PROPERTY UNTIL THEY GET THIS DONE, YOU KNOW.
SO THE SOONER THEY GET IT DONE, THE SOONER WE'LL BE GLAD TO ISSUE THE CERTIFICATE OF ZONING, YOU KNOW? OKAY.
SO ANY OTHER QUESTIONS, COMMENTS? DO WE HAVE ANYONE SIGNED UP TO SPEAK? IS THERE ANYONE IN THE AUDIENCE WHO WOULD LIKE TO COME AND SPEAK SECOND? OH YES.
DO I HAVE TO STATE MY NAME? YEAH, I'M SUFFER FIRST, SO.
LINNY MCDONOUGH 1205 HIGH TOP.
UM, MY QUESTION IS, IS, UH, WHAT DOES THE COUNTY HAVE IN PLACE TO WATCH THESE AIRBNBS TO SEE THAT THEY'RE ACTUALLY COMPLYING? IS THERE LIKE A DEPARTMENT
[01:05:01]
THAT THE COUNTY HAS HIRED TO GO AND MAKE SURE THAT THESE THINGS ARE BEING FOLLOWED? OR ARE THEY JUST RELYING ON NEIGHBORS TO TATTLE ON WHAT'S ON NEXT DOOR.UM, I SORT OF THINK THAT SINCE WE DO HAVE SO MANY OF THEM, THERE'S A WHOLE LOT IN MY AREA, UM, THAT WHAT HAS THE COUNTY SET UP TO MAKE SURE THAT THESE THINGS ARE ENFORCED? MR. WELDING, CAN YOU ANSWER THAT QUESTION? ABSOLUTELY.
AND THAT WOULD BE OUR DEPARTMENT AND OUR ZONING OFFICER.
AND, AND ALSO MR. LENS, UM, WE BASICALLY DO A ANNUAL REVIEW OF EACH PERMIT, BUT, UH, WITH OUR NEW HIRE OF MR. UH, BURKE, HE IS REVIEWING ALL OF THE PERMITS AND WE HAVE A SPREADSHEET THAT WE GO OVER.
UH, IF THEY ARE NOT IN COMPLIANCE, THEY HAVEN'T COMPLETED THE POST-APPROVAL PROCESS, WE'LL NOTIFY THEM.
WE HAVE A CHECKLIST THAT WE SUBMIT TO THEM AND WE WORK WITH THEM, LET THEM KNOW WHAT THEY NEED TO DO AND WHAT THEY NEED TO DO.
WELL, AND I WAS WONDERING, LIKE AFTER IT HAS BEEN, AND THEY HAVE BEEN APPROVED AND THEY DID GET ALL THAT, WHO'S MONITORING HOW MANY PEOPLE ARE REALLY IN THESE HOMES? LIKE IT SAYS TWO, UM, BECAUSE IT IS A ONE BEDROOM, AND SO IS IT TWO ADULTS AND THREE CHILDREN WHEN IT'S REALLY ONLY SUPPOSED TO BE TWO? SO THAT'S WHAT MY QUESTION IS, UH, BECAUSE THERE ARE SO MANY THAT IN THE LAST SEVERAL YEARS, MY GOOD GOLLY, UM, THAT IS THERE'S SOMETHING SET UP TO MAYBE STOP IN AT THE HOUSE WHEN THEY KNOW IT'S BEING RENTED, YOU KNOW, OR I, I GUESS MAYBE RENTED ISN'T THE WORD.
WELL, TO BE HONEST WITH YOU, WE, WE DON'T HAVE STAFF TIME TO BE ABLE TO DO THAT.
WE, WE LOOK ONLINE AND WE VERIFY THAT THEY'RE ADVERTISING THE APPROPRIATE AMOUNT OF OCCUPANCY FOR THE HOUSE.
THE, UH, YOU KNOW, IF WE GET A COMPLAINT, WE'LL BE GLAD WE, WE'RE GLAD TO FOLLOW UP ON IT.
BUT TYPICALLY IT'S A, IN THAT CASE, IT'S A COMPLAINT BASIS, AND THEN IT'S A ONE-TIME ANNUAL REVIEW BASIS.
SO WE KNOW, WE TALK TO THE PROPERTY OWNER TO OBVIOUSLY MAKE SURE THAT THEY ARE JUST RENTING TO THE APPROPRIATE OCCUPANCY OF THE HOUSE.
AND THEY SUBMIT TO US, UH, WATER QUALITY REPORT AND ANY, ANY ADDITIONAL ITEMS. UM, YEAH, IT, WE JUST, YOU KNOW, WE HAVE OVER A HUNDRED OF THESE NOW.
SO, UM, OUR MAIN THING IS IF WE SEE IT ADVERTISED AND THEY'RE ADVERTISING FOR EIGHT PEOPLE, 10 PEOPLE, AND THERE HAVE ONLY BEEN APPROVED FOR FOUR, THEN OBVIOUSLY THEY'RE NOT COMPLIANT.
AND SO DO THEY DO THE, UM, LIKE HOW OFTEN IS THEIR ADVERTISEMENTS BEING MONITORED? OH, WHEN STAFF HAS TIME, UH, YOU KNOW, HE'LL TAKE A LOOK AT IT.
I MEAN, CHASE HAS DONE THAT BEFORE, UH, YOU KNOW, GO ONLINE TO THE VARIOUS WEBSITES AND WE'LL TAKE A LOOK AT IT AND IF WE SEE SOMETHING, WE'LL, WE'LL NOTIFY THEM BY LETTER THAT THEY'RE IN VIOLATION.
SO, UM, YOU KNOW, UH, I UNDERSTAND THAT.
I'M SURE A LOT OF THESE ARE FLYING UNDER THE RADAR, BUT YOU KNOW, UNLESS WE ARE EITHER TOLD BY A NEIGHBOR OR WE FIND THEM ONLINE, IT'S VERY DIFFICULT FOR US TO ENFORCE THAT.
I ALMOST SORT OF THINK THAT SINCE THERE HAS BEEN SO MANY MORE CREATED THAT MAYBE THEY NEED TO LOOK AT THAT ASPECT OF IT TO, UM, AGAIN, IT TAKES STAFF TIME TO, TO DO THAT.
IN OUR, IN OUR, UH, ZONING OFFICER HAS, UH, NUMEROUS DUTIES THAT HE HAS OTHER THAN JUST THE SHORT TERM TORRES TRIAL.
OH, WE HAVE OF ALL THEIR CEPS AND ZONING VIOLATIONS.
SO, BUT WE'LL DO OUR BEST OUR CAN.
WE CAN IN OUR DEPARTMENT TO, UH, MAKE SURE THAT THE RULES ARE ENFORCED AND THE CONDITIONS ARE ENFORCED.
I WOULD JUST LIKE TO MAKE A COMMENT THAT Y JUST BECAUSE A HOUSE HAS, UM, A NUMBER OF BEDROOMS AND BATHROOMS, AND I TALKED TO MR. PETTY ABOUT THIS BECAUSE THIS IS, I, I DON'T WANT TO, I, THE COUNTY SHOULD NOT BECOME A POLICE STATE FOR HOUSING.
SO
THE SECOND THING IS THAT, UM, SO YOU HAVE A FOUR BEDROOM, THREE BATH HOUSE.
IT'S APPROPRIATE FOR EIGHT PEOPLE.
SOMEBODY BUYS THE HOUSE AND THEY HAVE SIX KIDS.
NOBODY'S GONNA THROW 'EM OUTTA THE HOUSE THEY BOUGHT.
AND THAT WAS, SO THIS IS GUIDELINES.
THESE ARE NOT LIKE POLICE STATE ENFORCE, ENFORCE TYPES OF THINGS.
AND SO THAT, YOU KNOW, I THINK THAT, THAT WE CANNOT GO DOWN THAT RABBIT HOLE
[01:10:01]
UM, IT, IT WOULD BE YOU HAVE TO RELY ON PEOPLE TO POLICE TO, TO GOVERN THEMSELVES.THAT'S WHAT THE WHOLE COUNTRY WAS SET UP FOR.
SO ANYWAY, UM, THAT'S JUST MY COMMENT.
I JUST THINK THAT IT, IT BECOMES UNTENABLE.
WELL, THE GUESTS ARE NOT THE TENANT, THE PROPERTY HOLDER, UH, PROPERTY OWNERS OR THE, THE C P HOLDERS.
SO IT'S UP TO THAT PARTICULAR PERSON WHO HAS THAT C U P TO REALLY REGULATE THEIR OWN, YOU KNOW, THEIR OWN PROPERTY.
AND THESE, AGAIN, OUR GUIDELINES ARE WHAT THE HEALTH DEPARTMENT HAS GIVEN US FOR OCCUPANCY.
WELL, LONG-TERM RENTALS ARE NOT MANAGED THIS WAY AT ALL.
YOU, WE DON'T KNOW HOW MANY PEOPLE ARE LIVING IN LONG-TERM RENTAL HOMES.
IT'S NOT THE, IT'S, IT'S JUST, TO ME, A CONDITIONAL USE PERMIT IS ACTUALLY A MORE CONDUCIVE THING TO MANAGEMENT BECAUSE THEY, PEOPLE HAVE TO KEEP THEM IN NICE, YOU KNOW, NICE AND IN GOOD REPAIR IN ORDER TO RENT THEM.
SO, UH, IN A LONG-TERM RENTAL, THERE'S NO OVERSIGHT, NONE IN THE COUNTY, AND EVERYBODY CAN, AND WE ALL KNOW THAT.
UM, IS THERE ANYBODY, ANYBODY ELSE THAT WOULD LIKE TO COME AND SPEAK? SECOND INVITATION.
NO ONE ELSE WOULD LIKE TO SPEAK.
SO DO WE HAVE A MOTION? I MOVE THAT THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT REQUEST OF ROBERT CHAVEZ FOR A SHORT-TERM RENTAL, UH, SHORT-TERM TOURIST RENTAL WITH CONDITIONS IS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF.
[C5. Conditional Use Permit 2022-12-03, Gabriel Gaillard and Natasha Nyirongo-Gaillard for a ShortTerm Tourist Rental Located at 95 Pickford Court and Identified on Tax Map 15E, Section 5, Block 5, as Lot 471 - Chase Lenz, Zoning Administrator]
UM, ITEM NUMBER FIVE IS A CONDITIONAL USE PERMIT.GABRIEL AND NATASHA GALLARD FOR A SHORT TERM TURS RENTAL LOCATED AT 95 PICKFORD COURT AND IDENTIFIED ON TAX MAP 15 E SECTION FIVE, BLOCK FIVE AS LOT 4 71.
THE APPLICANTS ARE REQUESTING A CONDITIONAL USE PERMIT FOR A SHORT-TERM TOURIST RENTAL FOR THE PROPERTY THEY PURCHASED IN MAY OF 2021 AS THEIR FOREVER HOME WITH REMOTE WORK NO LONGER AN OPTION FOR THEIR RESPECTIVE JOBS.
THEY RECENTLY MOVED INTO AN APARTMENT AND REST IN VIRGINIA TO REDUCE THEIR COMMUTES AND WOULD LIKE TO MAKE THEIR HOME AVAILABLE FOR SHORT-TERM LODGING FOR VISITORS OF THE WARREN COUNTY AREA TO HELP OFFSET THE COST OF THEIR MORTGAGE AND RENT WHEN THEY'RE UN UNABLE TO USE THE PROPERTY.
DURING THE WORK WEEK, THE APPLICANTS WILL MANAGE THE PROPERTY PERSONALLY WITH ASSISTANCE FROM THE OWNERS OF A NEIGHBORING PROPERTY WHO WILL BE THE PROPERTY MANAGERS.
UM, THERE IS A HEALTH DEPARTMENT OPERATION PERMIT ON FILE APPROVING A MAXIMUM OF FOUR OCCUPANTS FOR THE DWELLING.
THEY HAVE PROVIDED THEIR PROPERTY MANAGEMENT PLAN AND THE DWELLING DOES MEET THE SETBACK REQUIREMENT TO ADJACENT SINGLE FAMILY DWELLINGS WITH THE CLOSEST DWELLING 158 FEET TO THE SOUTHWEST.
IT IS THE STANDARD RECOMMENDED CONDITIONS WITH CONDITION NUMBER TWO.
THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED FOUR AS DETERMINED ACCORDING TO THE HEALTH DEPARTMENT OPERATION PERMIT FOR A THREE BEDROOM DWELLING.
UH, THE PLANNING COMMISSION DID FORWARD THIS APPLICATION TO THE BOARD WITH A UNANIMOUS RECOMMENDATION OF APPROVAL AND THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED.
JASON, PROPERTY OWNERS NOTIFIED AND THE APPLICANTS ARE HERE TODAY.
OPEN UP THE PUBLIC HEARING THIS, UH, DOES THE APPLICANT WANNA COME AND SPEAK? OH, THERE YOU GO.
SO ARE THERE ANY COMMENTS OR QUESTIONS FROM THE BOARD? NOPE.
MS. ROCKY, HAVE ANYBODY SIGNED UP TO SPEAK? IS THERE ANYONE IN THE AUDIENCE WOULD LIKE TO SPEAK? SECOND INVITATION THERE.
DO WE HAVE A MOTION? I MOVE THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT REQUEST OF GABRIEL GILLARD AND NATASHA, UM, GILLARD.
I'M NOT EVEN GONNA TRY FOR A SHORT TERM TOURIST RENTAL.
[C6. Conditional Use Permit 2022-12-04, Nicholas E. and Cara S. Achterberg for a Short-Term Tourist Rental Located at 671 Thompson Hollow Road and Identified on Tax Map 42B, Section 2, as Lot 12A - Chase Lenz, Zoning Administrator]
SIX, CONDITIONAL USE PERMIT 2022 DASH 12 DASH OH FOUR.NICHOLAS IN CA CARRA OH BOY BERG FOR A SHORT TERM TOURIST RENTAL LOCATED AT 6 71 THOMPSON HOLLOW ROAD AND IDENTIFY ON TAX MAP 42 B SECTION TWO AS LOT 12 A.
[01:15:03]
FORGIVE ME BY THE WAY.WE HAD A CIVIC CLERK OUT HERE, SO KIND OF LIKE WE'RE DOING BOTH.
IT'S OKAY,
BUT ANYWAY, I'LL FIGURE IT OUT BEFORE THE END OF THE MEETING.
I'LL, I'LL GUARANTEE IF, IF I CAN FIGURE IT OUT.
THE APPLICANTS ARE REQUESTING A CONDITIONAL USE PERMIT FOR SHORT-TERM TOURIST RENTAL FOR THE PROPERTY THEY PURCHASED IN JULY OF 2019.
THE OWNERS WOULD LIKE TO MAKE THEIR RECENTLY RESTORED CABIN AVAILABLE FOR SHORT-TERM LODGING FOR VISITORS OF THE WARREN COUNTY AREA WHEN THEY ARE NOT USING IT THEMSELVES.
THE APPLICANTS PRIMARILY RESIDE IN WOODSTOCK, VIRGINIA, AND THEY WILL MANAGE THE PROPERTY PERSONALLY.
UH, THIS PROPERTY IS LOCATED IN THE THOMPSON HOLLOW ACRES SUBDIVISION, AND WE DO NOT HAVE ANY, UH, CURRENTLY APPROVED SHORT-TERM TOURIST RENTALS IN THIS SUBDIVISION.
UH, THERE IS A HEALTH DEPARTMENT CONSTRUCTION PERMIT ON FILE ALLOWING A MAXIMUM OF FOUR OCCUPANTS FOR THE TWO BEDROOM DWELLING.
UH, AND THERE IS NO HOA OR POA THAT GOVERNS THIS SUBDIVISION.
AND THEY ALSO HAVE PROVIDED THEIR PROPERTY MANAGEMENT PLAN.
UH, THE DWELLING DOES MEET THE SETBACK REQUIREMENT TO ADJACENT SINGLE FAMILY DWELLINGS WITH THE CLOSEST SWELLING 404 FEET TO THE NORTH.
AND IT IS THE RE STANDARD RECOMMENDED CONDITIONS WITH CONDITION NUMBER TWO.
THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED FOUR AS DETERMINED ACCORDING TO THE HEALTH DEPARTMENT PERMIT FOR A TWO BEDROOM DWELLING.
AND THE PLANNING COMMISSION DID FOR THIS APPLICATION TO THE BOARD WITH A UNANIMOUS RECOMMENDATION OF APPROVAL.
THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED, ADJACENT PROPERTY OWNERS HAVE BEEN NOTIFIED, AND I BELIEVE THE APPLICANT IS HERE TONIGHT.
IF YOU HAVE ANY QUESTIONS, THANK YOU.
WOULD THE APPLICANT LIKE TO COME AND SPEAK? VERY, VERY WELL, THANK YOU.
ANYBODY ON THE BOARD LIKE TO HAVE, HAVE QUESTION OR COMMENTS? MADAM CHAIR, I'VE, I'VE GOT A QUICK QUESTION.
UH, I'LL BE THE FIRST TO TELL YOU THAT.
UM, THE ONLY THING THAT I SAW THAT I DIDN'T NECESSARILY UNDERSTAND WAS IT SAYS THE P THE OWNERS LIVE IN WOODSTOCK AND THAT THEY'RE PERSONALLY GONNA TAKE CARE OF THE PROPERTY.
I I UNDERSTAND THAT, BUT WHAT ABOUT THE THINGS THAT COULD FEASIBLY GO WRONG THAT NEED ASSISTANCE RIGHT AWAY? DO THEY HAVE A PROPERTY MANAGEMENT PLAN WHERE THEY'VE GOT SOMEBODY THAT'LL ACTUALLY COME AND TAKE CARE OF THE PROBLEM? THAT, THAT'S TYPICALLY BEEN A CONCERN OF THE BOARDS WITH HAVING SOMEONE CLOSE BY JUST IN CASE EITHER THE GUEST NEEDS TO CALL SOMEBODY RELATING TO THE PROPERTY ITSELF OR THE STRUCTURE OR, UH, NEIGHBORS AND WE NEED TO CALL IF THERE'S AN ISSUE.
AND THAT'S WHAT THAT PROPERTY MANAGEMENT PLAN IS FOR.
UM, BUT UM, IN THIS CASE, YOU ASK EVERYBODY WHAT DO THEY HAVE, WHAT DO THEY HAVE IN PLACE AS FAR AS THE GENERAL WELL, WOODSTOCK'S 30 MINUTES AWAY YEAH.
YOU COULD HAVE A WHOLE BUNCH OF WATER COME IN YEAH.
FROM A PLUMBER THAT'S GOT A PROBLEM.
AND I'M, I'M JUST SAYING I'M HAPPY TO AGREE WITH WHAT THEY'RE TRYING TO ACCOMPLISH HERE, BUT I ALSO WOULD LIKE TO HAVE SOME ASSURANCE THAT WE'RE GONNA HAVE SOMEBODY LOCAL THAT'S GONNA TAKE CARE OF THIS PROBLEM.
AND I DID JUST CHECK THE PROPERTY MANAGEMENT PLAN.
I'M ONLY SEEING THE OWNER'S CONTACT INFORMATION IN THAT.
SO UNLESS YOU WOULD LIKE TO ELABORATE, THAT'S ALL WE HAVE.
WOULD YOU LIKE, COULD YOU PLEASE YES.
JUST ANSWER OR DO MY NAME, NAME AND ADDRESS? UH, NICK BERG.
AND I'M IN, WE'RE ACTUALLY IN PSMS MARYTOWN, UH, WHEN WE DID THIS, WE WERE IN WOODSTOCK, UM, WE'RE LESS THAN 45 MINUTES AWAY.
AND I BELIEVE WHEN I READ THE INFORMATION, IT SAID THAT THE OWNER HAS TO BE WITHIN OR SOMEBODY HAS TO BE WITHIN 45 MINUTES AND WE'RE LESS THAN THAT.
UH, SO WE, WE COULD TRY TO FIND SOMEBODY, YOU KNOW, UH, HANDYMAN.
MAYBE IT'S CLOSER, BUT I HADN'T THOUGHT OF THAT.
IF, IF WE ADD THAT AS A CONDITION, I WOULD BE HAPPY WITH THAT.
I MEAN, JUST TO, SO TO, SO THAT THAT PERSON THAT'S IN THERE, IF THEY HAVE A PROBLEM, THEY'VE GOT SOMEBODY THAT THEY CAN CALL AND THEY CAN HAVE SOMEBODY THERE IN 10 MINUTES, RIGHT? OR A HALF HOUR.
I DON'T, I DON'T KNOW WHAT THE REGULATION
[01:20:01]
IS.WELL, HE'S GONNA HAVE TO TELL YOU THAT, NOT ME TAKE IT.
THE CODE REQUIRES OUR PROPERTY MANAGEMENT PLAN DEMONSTRATING HOW THE SHORT TERM TOURIST RENTAL WILL BE MANAGED AND HOW IMPACTS THE NEIGHBORING PROPERTIES WILL BE MINIMIZED AND SHALL BE SUBMITTED FOR REVIEW AND APPROVAL AS PART OF THE PERMITTING PROCESS TO THE PLANNING DEPARTMENT.
UH, THE PLAN SHALL INCLUDE LOCAL POINTS OF CONTACT AVAILABLE TO RESPOND IMMEDIATELY TO COMPLAINTS, CLEAN UP GARBAGE, MANAGE UNRULY TENANTS, UTILITY ISSUES, ET CETERA, SHALL ALSO BE POSTED IN A VISIBLE LOCATION IN THE SHORT TERM RENTAL AND CONTACT NUMBER SHALL BE PROVIDED TO COUNTY STAFF, PUBLIC SAFETY OFFICIALS, AND IF APPLICABLE, THE HOA OR POA OF THE SUBDIVISION.
AND IT MUST BE PROVIDED AS PART OF THE RENTAL CONTRACT.
SO WHAT WE'RE ASKING, OR WHAT I I WOULD BE ASKING IS NOT UNREASONABLE.
I DON'T SEE, IS IT, I'M SORRY.
WHAT I'M ASKING FOR IS NOT UNREASONABLE TO MAKE SURE THAT WE'VE GOT THAT INFORMATION.
YEAH, NO, IT'S SAY IT REQUIRES LOCAL POINT OF CONTACT, ABLE TO RESPOND IMMEDIATELY TO COMPLAINTS.
A AND WHAT, WHAT, WHAT IS THE DEFINITION OF A, UH, OF IMMEDIATE LEAVE? SEE, LIKE WITHIN, YOU KNOW, UH, FIVE NANOSECONDS OR 45 MINUTES OR WHAT? YEAH, THE CODE DOES NOT DEFINE IMMEDIATELY.
UM, NOT, NOT THE ZONING ORDINANCE.
UM, I GUESS IT WOULD BE OPEN TO INTERPRETATION.
MS. JOR JORDAN, CAN YOU HELP THIS OUT WITH THIS? PLEASE? IF YOU CAN.
WELL, I WAS, UM, GONNA DOUBLE.
I I DON'T BELIEVE THAT OUR ONLY ONE THAT DEFINES IMMEDIATELY.
AND SO THERE YOU WOULD JUST GO TO A NORMAL, UM, A NORMAL DEFINITION, WHICH IS AT ONCE INSTANTLY.
BUT OF COURSE, I THINK IT IS, IT'S REALLY A CALL OF REASONABILITY.
UM, I MEAN, NO, NOBODY, EVEN IF THEY LIVED DOWN THE ROAD, COULDN'T BE THERE WITHIN TWO MINUTES.
UM, UH, BUT OUR, THERE'S ALREADY A CONDITION THAT DOES REQUIRE A LOCAL POINT OF CONTACT.
AND SO I, I THINK THAT IS THE GUIDANCE IN REGARDS TO THE CONDITION AS FAR AS THE, THE MANAGEMENT AND, UH, SOMEONE WHO NEEDS TO BE AVAILABLE TO ADDRESS THIS ISSUE.
WOULD HE NOT BE CONSIDERED LOCAL? HE'S 35 MINUTES.
I'VE BEEN, I KNOW WHERE MOTOWN IS AND SO IT'S PROBABLY 35 MINUTES FROM MORE LOCAL THAN WASHINGTON STATE.
SO
IT'S DOING MY BEST TO KEEP MY MOUTH SHUT.
UM, SO MR. MABE, WE'RE, WHERE WOULD YOU LIKE TO GO FURTHER WITH THIS? WOULD YOU WELL, I HAVE NO PLACE TO GO OTHER THAN I MADE THE STATEMENT AND I'D LIKE SOME, SOME CLARITY FROM THE ZONING PEOPLE OR THE LAWYER OR SOMEBODY TO SAY IT'S OKAY.
IF THEY SAY IT'S OKAY, THEN I'M FINE WITH IT.
OUR, OUR RULE OF THUMB IS IF IF THEY'RE WITHIN, I'D SAY 45 MINUTES TO AN HOUR'S DRIVE, TH THEY'RE PRETTY, THEY'RE GONNA GET THERE IN, IN TIME.
I MEAN, WE, WE HAVE TOLD PEOPLE WE LIKE TO SEE IT THERE THAT SOMETHING WITHIN A HALF AN HOUR, BUT WE GIVE A LITTLE BIT OF FLEXIBILITY IN THAT.
IF THEY'RE OVER AN HOUR, THEN WE ARE PRETTY MUCH TELLING 'EM, LOOK, YOU NEED TO HAVE SOMEBODY WHO THAT CAN BE CALLED ON EMERGENCY BASIS AND AN HOUR IS NORTHERN VIRGINIA OR DC IN THESE KIND OF, IN, IN THE METROPOLITAN AREA.
THIS IS, AGAIN, I, I LIVE IN GENO COUNTY, I KNOW ABOUT HOW FAR FAR IT IS FROM, FROM HERE.
SO IN A NUTSHELL, YOU HAVE ANSWERED MY QUESTION.
SO YEAH, WE, WE JUST, THERE'S A LITTLE GRAY AREA, BUT WE WORK WITH THE PEOPLE AND THE HOUR IS REALLY KIND OF THAT IF IT'S OVER THAT, WE'RE GONNA SAY, LOOK, YOU, YOU REALLY SHOULD HAVE THIS.
SO, SO, SO ARE, ARE, UH, SINCE YOU'RE THE LOCAL POINT OF CONTACT, UH, AND LET ME SEE, YOU'VE GOT, UH, TWO, TWO POINTS OF CONTACT.
UH, UH, NICK AND CARA? YEAH, MY WIFE IS OKAY.
SO THE, SO ARE ARE, ARE EITHER ONE OF YOU AVAILABLE DURING THE DAY? YES, ALL DAY I WORK FROM HOME.
I DON'T, YEAH, I DON'T COMMUTE.
IS THERE ANY OTHER COMMENTS, QUESTIONS? NO.
YOU ALL GOOD? MY ONLY COMMENT IS WHEN I READ YOUR JUSTIFICATION IS I THINK BENTONVILLE IS MUCH MORE ATTRACTIVE THAN SHANDOR COUNTY, BUT THAT'S JUST MY PERSONAL
[01:25:01]
TO THE AREA.OKAY, SO DO WE HAVE ANYBODY SIGNED UP TO SPEAK? NO.
IS THERE ANY, ANYBODY ELSE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK? SECOND INVITATION VERY WELL.
THIS IS SPINAL CALL FOR PUBLIC HEARING.
DO WE HAVE A MOTION? MADAM CHAIR? I, I MOVE THE BOARD OF SUPERVISORS APPROVED THE CONDITIONAL USE PERMIT REQUEST BY, UH, NICHOLAS E AND KARA S UH, BERG FOR A SHORT TERM TOURIST RENTAL WITH THE CONDITIONS THAT'S RECOMMENDED BY THE PLANNING COMMISSION AND STAFF ITEM CHAIR.
MADAM CHAIR? AYE MRS. COLORS? AYE.
[C7. Conditional Use Permit 2022-12-05, Shenandoah Shores Management Group, LLC for a Short-Term Tourist Rental Located at 301 Rollason Drive and Identified on Tax Map 13C, Section 5, Block 5, as Lot 944A - Chase Lenz, Zoning Administrator]
SEVEN, IT'S A CONDITIONAL USE PERMIT.2022 DASH 12 DASH OH FIVE SHEOR SHORES MANAGEMENT GROUP L L C FOR A SHORT TERM TERRA RENTAL LOCATED AT 3 0 1 ROLSON DRIVE AND IDENTIFIED ON MAP 13 C SECTION FIVE BLOCK FIVE AS LOT 94 40 A MR. LANCE.
THE APPLICANT IS REQUESTING A CONDITIONAL USE PERMIT FOR A SHORT TERM TOURIST RENTAL FOR THE PROPERTY PURCHASED IN MARCH OF 2022.
THE OWNER RUNS A PREMIER CONCIERGE SERVICE SPECIALIZING IN TRANSPORTING LOCALS AND TOURISTS TO AND FROM THE VARIOUS WINERIES, BREWERIES, AND DISTILLERIES IN WARREN COUNTY.
IN THE SURROUNDING AREAS, THE APPLICANT WOULD LIKE TO UTILIZE HIS PROPERTY TO PROVIDE SHORT-TERM LODGING ACCOMMODATIONS FOR THE CLIENTS OF HIS CONCIERGE BUSINESS.
WHILE, WHILE RESIDING IN THE DWELLING, THE OWNER WILL MANAGE THE PROPERTY PERSONALLY AND BREAKFAST WILL NOT BE SERVED TO HIS GUESTS.
UH, THE PROPERTY IS LOCATED IN THE SHENANDOAH SHORES SUBDIVISION.
UM, AND WE DID REQUEST COMMENTS FROM THE POA BUT DID NOT RECEIVE A RESPONSE.
UH, THERE IS A HEALTH DEPARTMENT OPERATION PERMIT ON FILE APPROVING A MAXIMUM OF FOUR OCCUPANTS FOR THE THREE BEDROOM DWELLING AND HE'S AWARE THAT THAT INCLUDES HIM.
IN THE PROPERTY THE, OH, I SHOULD SAY THE APPLICANT IS REQUESTING A WAIVER TO THE 100 FOOT SETBACK BACK REQUIREMENT, UM, FROM NEIGHBORING DWELLINGS.
UH, AS THE DWELLING DOES NOT MEET THAT 100 FOOT REQUIREMENT, THE DWELLING ON THE ADJACENT PROPERTY TO THE EAST AND THE DWELLING ON THE ADJACENT PROPERTY TO THE NORTH ARE 32 FEET AND 61 FEET APART, SEPARATE OR RESPECTIVELY FROM THE DWELLING ON THE SUBJECT PROPERTY.
UM, COUNTY PLANNING STAFF DOES NOT SUPPORT THIS WAIVER.
HOWEVER, THE APPLICANT HAS SUBMITTED LETTERS OF SUPPORT FROM BOTH OWNERS OF THE NEIGHBORING DWELLINGS WITHIN THE 100 FOOT SETBACK.
IT IS THE STANDARD CONDITIONS WE'RE RECOMMENDING WITH CONDITION NUMBER TWO.
THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED FOUR AS DETERMINED ACCORDING TO THE HEALTH DEPARTMENT OPERATION PERMIT FOR A THREE BEDROOM DWELLING AND CONDITION NUMBER EIGHT IS AT THE REQUEST OF THE APPLICANT, UH, WAIVER TO THE REQUIRED SETBACK OF 100 FEET TO NEIGHBORING DWELLING SHALL BE GRANTED FOR THE EXISTING 32 FOOT AND 61 FOOT SETBACKS TO THE DWELLINGS EAST AND NORTH OF THE SUBJECT PROPERTY.
UM, THIS APPLICATION WAS FORWARDED TO THE BOARD OF SUPERVISORS WITH A RECOMMENDATION OF APPROVAL BY THE PLANNING COMMISSIONER.
UM, AND THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED ADJACENT PROPERTY OWNERS NOTIFIED.
I DO NOT BELIEVE THE APPLICANT IS HERE.
ARE THERE ANY QUESTIONS OR COMMENTS FROM THE BOARD? IS THERE ANY JUSTIFICATION AS TO THE, THE, THE SETBACK RULES? I MEAN, I KNOW THAT, THAT MOST OF THESE LOTS IN THAT AREA ARE SHORT.
I MEAN, THEY'RE JUST NOT A STANDARD SIZE LOT, SO I CAN UNDERSTAND WHY THEY WASN'T GONNA, THEY WOULD NOT BE ABLE TO GET THE SETBACKS.
BUT IS THERE ANY TYPE OF RULING AT ALL FROM, FROM PLANNING AND ZONING TO BE ABLE TO JUSTIFY THAT JUST A LITTLE BIT MORE IN THE PAST? UM, GENERALLY THE APPLICATIONS WHERE WE'VE RECEIVED COMMENTS FROM THE NEIGHBOR IN SUPPORT OF THE APPLICATION, IT'S KIND OF LED TO A MORE FAVORABLE RESULT IN WAIVING THE SETBACK REQUIREMENT.
THE CODE DOES NOT HAVE ANY GUIDANCE FOR YOU OR ME
UM, BUT IT IS, IT IS, UH, UP TO, TO YOU ALL IF, IF YOU THINK THAT'S APPROPRIATE, THE SETBACK IS IN THERE TO PROTECT THE NEIGHBORS AND TO GUARANTEE THAT, YOU KNOW, MINIMUM DISTANCE OF NO, I THINK HIS QUESTION WAS, UH, WHY IS THERE A, A SETBACK OF A HUNDRED FEET IN VERSUS 50 FEET VERSUS 25 FEET VERSUS 200 FEET? YEAH, SO, UM, MATT WILL PROBABLY HAVE TO ADD ONTO THIS CUZ HE WAS HERE WHEN IT WAS WRITTEN
UM, BUT I BELIEVE IT WAS TO PROTECT THOSE NEIGHBORS, UH,
[01:30:01]
TO GUARANTEE A, A SET AMOUNT OF, UH, SEPARATION.UM, YOU KNOW, A LOT OF THESE, UM, AREAS, UH, YOU KNOW, MAY MAYBE DON'T EVEN HAVE VEGETATION TO KIND OF BUFFER THE SOUND SO IT COULD, YOU KNOW, YOU COULD BE RIGHT ON TOP OF EACH OTHER.
AND THESE, THIS USE DOES TEND TO GENERATE A LITTLE BIT OF NOISE.
I'LL JUST SAY THAT IN 2014 WHEN WE WERE ASKED BY THE BOARD TO REEVALUATE THE ORIGINAL AMENDMENT PASSED IN 2012, THEY ASKED US TO COME UP WITH SOME THINGS THAT COULD ADDRESS THESE USES IN R ONE BECAUSE AT THAT TIME I THINK WE, UH, IT WAS R UH, BY C U P AND R ONE AND BY RIGHTON IN AG.
UM, THE PROPERTY MANAGEMENT PLAN WAS ONE OF THE ITEMS THEY CAME UP WITH.
WE CAME UP WITH THE A HUNDRED FOOT SETBACK FROM DWELLING TO DWELLING WE CAME UP WITH.
AND UM, THE NOTIFICATION OF THE POA WAS ONE OF THE ADDITIONAL AMONG A COUPLE OTHERS.
UM, THE A HUNDRED FOOT, I, I DON'T KNOW EXACTLY HOW WE CAME UP WITH THAT.
I KNOW A MINIMUM SIDE SETBACK BETWEEN HOUSES ARE GONNA BE 15 TO, TO THE DWELLING TO THE PROPERTY LINE.
SO YOU GOT 30 FEET THERE BETWEEN AT A MINIMUM THAT THE SIDE SETBACK CAN BE.
UM, I THINK A, A KIND OF WHAT WENT INTO IT WAS, YOU KNOW, HOW NOISE CARRIES, YOU KNOW, THE DENSITY OF IT.
WOULD YOU WANT TO SEE ONE OF THESE IN, IN A CUL-DE-SAC WHERE HOUSES ARE, YOU KNOW, 50 FEET AWAY FROM EACH OTHER, YOU KNOW, EVEN CLOSER.
AND, UM, SO I, I CAN'T RECALL EXACTLY HOW WE CAME UP WITH THAT NUMBER, BUT IT WAS A GOOD EVEN NUMBER AND WE THOUGHT THAT THAT'S JUSTIFIABLE.
WE CAN, WE CAN VET THESE, WHEN PEOPLE COME AND ASK ABOUT 'EM, WE CAN JUST LET 'EM KNOW THAT THERE'S A POSSIBILITY THAT THIS COULD BE DENIED, YOU KNOW, IF IT DOESN'T MEET THE A HUNDRED FOOT SETBACK.
BUT WE ALSO TELL 'EM THAT THAT COULD POTENTIALLY BE WAIVED.
SO THE, THERE'S ALSO, LET ME SEE, UH, LEMME FIND IT.
UH, EXCUSE ME IF YOU, IF YOU'LL BEAR WITH ME FOR JUST A SECOND.
DO YOU MIND ME ASKING A QUESTION MR. BUTLER? PLEASE DO.
SO WHY DID THE PLANNING COMMISSION APPROVE THIS WITH THE, UM, SET BATS BEING BELOW THE CEILING? YEAH, SO I, I MENTIONED THAT IT WAS A THREE ONE VOTE.
ONLY ONE OF THE PLANNING COMMISSIONERS FELT THAT, WELL, I I THINK THAT REALLY HE JUST FELT THAT THE 30 FEET OR 32 FEET I THINK IT WAS, IS UH, TOO CLOSE.
HE THINKS THAT THAT'S A PRETTY EXTREME WAIVER SETBACK.
THIS PLANNING COMMISSIONER IS ALSO A MEMBER OF THE BOARD OF ZONING APPEALS, SO HE HEARS OUR VARIANCE CASES.
UM, SO HE'S PROBABLY MORE INCLINED TO, UH, SIDE WITH THE ORDINANCE
UM, BUT THE OTHER, UH, THREE ALL AGREED THAT SINCE THEY HAD HEARD FROM THE NEIGHBORS AND THEY KNOW THAT THEY DIDN'T HAVE A PROBLEM WITH IT, THAT THEY FELT COMFORTABLE WAIVING THE, THE SETBACK REQUIREMENT.
WELL, I JUST KNOW THAT IN A, IN A, UH, UH, A PREVIOUS, UH, INSTANCE THAT, UH, YOU KNOW, WE TOOK A LOOK AT, OKAY, THESE CURRENT NEIGHBORS MAY BE OKAY WITH IT, BUT WHAT HAPPENS, YOU KNOW, IF IF THE UH, IF THE NEIGHBORS, YOU KNOW, THE SOMEBODY ELSE COMES OVER AND THEY, THEY BUY THAT PROPERTY, THEY'D BE STUCK WITH THAT.
UM, ONE, UM, UH, LIKE, LIKE I SAY, AND AT LEAST THE ONES THAT I'VE DONE PLANNING STEP DOES NOT RECOMMEND THIS WAIVER.
UM, WE, WE RECOMMEND THE ORDINANCE AND WHAT IT REQUIRES.
UM, AND THAT'S ONE OF THE REASONS WHY, UM, CUZ YOU KNOW, WE CAN'T PREDICT THE FUTURE.
UH, ANOTHER REASON IS, UM, UH, WHEN, WHEN THAT PROSPECTIVE PROPERTY ENTER BUYS THE NEIGHBOR NEXT DOOR, IF THEY DO THE APPROPRIATE, UM, RESEARCH, THEY WOULD KNOW THAT, YOU KNOW, THE PROPERTY NEXT DOOR HAS BEEN APPROVED FOR A SPECIFIC USE.
AND THAT'S SOMETHING THEY WOULD HAVE TO, YOU KNOW, AGREE WITH WHEN THEY PURCHASE THE PROPERTY.
IF THEY HAD A PROBLEM WITH THAT, THEY COULD ELECT TO NOT PURCHASE THE PROPERTY AND LOOK ELSEWHERE, BUT ALSO THEN WE'RE ADDING A BURDEN TO THE PERSON WANTING TO SELL THE HOUSE, HE'S GONNA HAVE DIFFICULTY SELLING THAT HOUSE BECAUSE OF IT AND MAY TAKE LESS FOR IT BECAUSE OF THAT.
SO IT'S, IT'S A LOT TO CONSIDER THERE.
AND, AND SO THE, THE WAIVER HAS BEEN REQUESTED, BUT HAS IT BEEN GRANTED? NO.
SO THE, THAT WOULD, UH, BE A PART OF THIS APPROVAL, YOU COULD CHOOSE TO APPROVE IT, UH, WITH THE CONDITION THAT IT BE WAIVED OR YOU COULD CHOOSE TO DENY IT IN THE CONDITIONAL USE PERMIT WOULD BE DENIED.
IS THERE A, UM, IS THERE A SETBACK REQUIREMENT?
[01:35:01]
IF YOU WANT A LONG-TERM RENTAL? THERE IS NOT MY POINTWHEREAS IN A SHORT TERM RENTAL, AT LEAST IT'S TWO OR THREE DAYS OR MAYBE A WEEK AND THEN IT, THERE'S RECOVERY.
YOU DON'T, YOU'RE NOT STUCK WITH A POOR NEIGHBOR.
THAT'S, THAT'S WHY I NEVER UNDERSTAND WHY WE HAVE SOME CONDITIONS ON ONE CASE, BUT NOT ONLY OTHER, IT MAKES NO SENSE TO ME.
BUT ANYWAY, UM, I THINK THAT'S SOMETHING WE NEED TO LOOK AT.
I DO TOO BECAUSE I, BECAUSE IT, YOU KNOW, IT, IT'S, YOU KNOW, ONE PART OF ME, YOU NEED TO FOLLOW THE ORDINANCE, WHAT DOES THIS SAY? AND THEN, YOU KNOW, AND I, AND I KNOW SOMETIMES I'M GUILTY OF AND NOT BEING CONSISTENT WITH THINGS, BUT IT KNOW MAKES IT VERY DIFFICULT AND, AND I DON'T THINK THERE'S EQUALITY WITH SOME OF THESE DECISIONS.
NOW GOING WITH THE SHORES, I KNOW WHAT, YOU KNOW, HOW ARE ALL THE HOMES BELOW THE A HUNDRED FOOT SETBACK? OR IS IT JUST THIS ONE? MOST OF, I BELIEVE IT'S PROBABLY MOST OF THEM.
IT'S A PRETTY, IT'S A PRETTY DENSE SUB DENSELY DEVELOPED SUBDIVISION.
I KNOW THAT THERE ARE SHORT TERM RENTALS THAT HAVE BEEN APPROVED THAT DID NOT NEED THE WAIVER, CORRECT, MM-HMM.
YOU KNOW, SO THAT, I THINK THAT'S SOMETHING WE THERE AND, AND I'VE POINTED THIS OUT BEFORE AT, ON THE RIVER, THE HOUSES DO NOT HAVE THE SETBACK AND IT'S, IT'S PART OF THE WAY THE LOTS WERE DESIGNED BEF WAY BEFORE WE EVER GOT HERE OR ANYBODY EVER EVEN CONSIDERED THAT, THAT PARTICULAR ORDINANCE.
SO IT SEEMS TO ME THAT IT'S UNFAIR TO EXCLUDE RIVERFRONT PROPERTY FOR SHORT TERM RENTALS BECAUSE OF IT.
SO I HAVE CONSISTENTLY VOTED FOR IT, AS YOU ALL PROBABLY KNOW BECAUSE OF THAT REASON.
I JUST THINK IT'S, IT'S NOT REASONABLE.
ARE THERE ANY OTHER COMMENTS, QUESTIONS? NO.
DO WE HAVE ANYBODY HERE TO SPEAK? NO.
IS THERE ANYONE IN THE AUDIENCE LIKE TO COME IN? SPEAK? HI.
UM, I OWN PROPERTY IN THE SHORES, TWO HOUSES OVER FROM DEDRICK, AND I ALSO OWN PROPERTY ADJACENT TO HIM OUTSIDE THE SHORES.
SO MY PROPERTY GOES BUTTS RIGHT UP TO HIS FRONT YARD.
UM, AND I DON'T HAVE ANY HOUSES ON THE PROPERTY YET, BUT I JUST WANTED TO PUT MY 2 CENTS IN THAT IF I DO BUILD A HOUSE THERE, I HAVE NO PROBLEM WITH IT BEING LESS THAN A HUNDRED FEET FROM A SHORT-TERM RENTAL.
UM, AND IT'S WHAT IT'S LIKE DOWN THERE IN THE SHORES, LIKE WE WE'RE USED TO PEOPLE, YOU KNOW,
AND WE'RE USED TO LIVING NEXT DOOR AND BEING FRIENDLY WITH EACH OTHER.
AND THAT'S WHAT DEDRICK IS LIKE.
AND DEDRICK IS VERY COURTEOUS AND RESPONDS TO NEIGHBOR, TO NEIGHBOR QUESTIONS.
AND, UM, SO I'M HERE TO SPEAK IN FAVOR OF THE A HUNDRED FOOT SETBACK AND THE ENTIRE APPLICATION.
UM, AND I ALSO JUST WANTED TO COMMENT TOO THAT I REALLY AGREE WITH WHAT MRS. OAT, MRS. OATS
AND THEN ALSO I'VE ALWAYS BEEN CONFUSED ABOUT, YOU KNOW, THE DIFFERENCE BETWEEN RENTING FOR 29 DAYS, YOU NEED A SPECIAL USE PERMIT, BUT 31 DAYS YOU DON'T
IT JUST, THERE'S ALL KINDS OF WAYS THAT YOU CAN DO IT WITHOUT A PERMISSION.
AND I DON'T REALLY UNDERSTAND ALSO WHY SHORT-TERM RENTALS ARE MORE OF A RISK OF INCONVENIENCE THAN LONG-TERM RENTALS.
USUALLY LONG-TERM RENTALS ARE MORE TO LIVE WITH BECAUSE LIKE YOU SAID, THEY DON'T LEAVE
UM, AND THEN THE OTHER THING I WANTED TO MENTION IS THAT WHEN I WAS REVIEWING THE DOCUMENTS FOR THIS APPLICATION, UM, I NOTICED IN LETTER I ON THE SUPPLEMENTARY REGULATIONS, AND I THINK YOU MENTIONED IT, CHASE, THAT IF THE PROPERTY'S LOCATED WITHIN A SUBDIVISION GO GOVERNED BY A HOMEOWNER'S OR PROPERTIES AND ASSOCIATION, THEN THE PLANNING DEPARTMENT MUST RECEIVE A RECOMMENDATION OF APPROVAL OR DISAPPROVAL FROM THE POA.
AND THAT COMMENTS WERE REQUESTED FROM THE SHENANDOAH SHORES POE.
I JUST WANTED TO, MAYBE I, WELL YOU PROBABLY KNOW, BUT I, I DON'T
[01:40:01]
KNOW HOW MANY PEOPLE KNOW THIS, BUT THE SHENANDOAH SHORES POA, AS IT'S CALLED NOW, HAS RECENTLY IN THE LAST COUPLE YEARS GOTTEN A LETTER FROM THE CIC M BUDSMAN OF THE D P O R AND THEN ANOTHER LETTER FROM A LAWYER THAT THEY HIRED BOTH AGREEING WITH EACH OTHER THAT IT IS NOT A POA.UM, IT'S, IT'S INAPPROPRIATELY NAMED A POA AND THAT'S GONNA BE TAKEN UP WITH THE STATE CORPORATION COMMISSION, BUT IT IS A GOVERNMENT CONTRACTOR.
WARREN COUNTY GOVERNMENT CONTRACTS THIS CORPORATION TO MAINTAIN THE ROADS AND THE WELL SYSTEM, BUT MEMBERSHIP IN THE CORPORATION IS VOLUNTARY AND IT'S THEREFORE IT'S NOT A POA.
SO, UM, I SAVE YOU SOME TIME AND TROUBLE IN THE FUTURE THAT YOU DON'T NEED TO REQUEST COMMENTS FOR, UM, APPRO FOR, YOU KNOW, THE APPROVAL OF THESE APPLICATIONS BECAUSE IT'S A, IT'S JUST A CORPORATION.
UM, SO IT DOESN'T APP THIS, WHATEVER, THIS ORDINANCE OR WHATEVER IS, UM, NOT APP APPLICABLE TO THE SHORES.
ONCE, ONCE THAT BOARD TOOK OVER, THAT'S WHEN WE STOPPED GETTING NOTIFICATIONS.
WE WOULD SEND A LETTER OR REQUEST AND WE GOT, THEY'RE ALL GOT A RESPONSE AND THEN ALL OF A SUDDEN IT ENDED AND WE FOUND OUT THAT WAS WHY.
SO HOPEFULLY THAT'LL SAVE SOME COUNTY MONEY STAMPS OR WHATEVER.
IS THERE ANYBODY ELSE THAT WOULD LIKE TO SPEAK? SECOND INVITATION, FINAL CALL.
DO WE HAVE A MOTION? MADAM CHAIR? I MOVE THAT THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT REQUEST OF SHANNON O SHORE'S MANAGEMENT GROUP, LLC FOR SHORT-TERM TOURIST RENTAL WITH THE CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF.
[C8. Conditional Use Permit 2022-12-06, Jose L. Canales for a Short-Term Tourist Rental Located at 68 Skunk Hollow Lane and Identified on Tax Map 28, as Lot 68A - Matt Wendling, Planning Director]
ITEM, ITEM EIGHT, CONDITIONAL USE PERMIT 2022 DASH 12 DASH OH SIX JOSE CANALES FOR A SHORT TERM TERRACE REYNOLDS LOCATED AT 68 SKU COL LANE AND IDENTIFY ON TAX MAP 28 IS LOT 68 A MR. WELDING.YES, THE NAPKIN IS APPLYING FOR THIS CONDITIONAL OR USED PERMIT FOR THE PROPERTY HE PURCHASED IN NOVEMBER OF 2022.
UH, HE PURCHASED THE PROPERTY WITH HIS SON AND DAUGHTER-IN-LAW TO USE AS A SECOND HOME AND EVENTUALLY AS THEIR PRIMARY RESIDENCE.
IN THE MEANTIME, THEY WOULD LIKE THE OPTION TO RENT.
IT IS A SHORT-TERM TAUR RENTAL TO COVER THE COST OF TAXES, GENERAL MAINTENANCE AND INSURANCE.
UH, THEY DO, UH, THEY PLAN TO RENT IT WHEN THEY ARE NOT SPENDING TIME THERE.
THE PROPERTY HAD BEEN ISSUED A CONDITIONAL USE PERMIT IN 2006 FOR NON-COMMERCIAL KENNEL.
THAT PERMIT HAS SINCE EXPIRED.
UM, THE PROPERTY DOES MEET THE ADJACENT SETBACK REQUIREMENTS.
IT IS 208 FEET TO THE NEAREST PROPERTY TO THE SOUTH.
AND UH, THIS PROPERTY OWNER ALSO OWNS THE ADJACENT PROPERTY, UH, LOCATED AT 5 0 9 7 BROWNTOWN ROAD.
UM, THE PLAINTIFF COMMISSION FOR THISK WITH THEIR RECOMMENDATION FOR APPROVAL WITH THE STANDARD CONDITIONS AND NUMBER TWO BEING THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED FOUR AS DETERMINED ACCORDING TO THE HEALTH DEPARTMENT OPERATIONAL PERMIT FOR TWO BEDROOM DWELLING.
THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED.
ADJACENT PROPERTY OWNERS HAVE BEEN NOTIFIED.
THE PROPERTY OWNER IS HERE TONIGHT.
THERE IS NOT A POA RELATED TO THIS PROPERTY.
I'LL BE GLAD TO ANSWER ANY OTHER QUESTIONS.
IS THERE ANY QUESTIONS OR COMMENTS FROM THE BOARD? SO, SO THIS ONE DOES NOT HAVE ANY SETBACK THINGS? NO, NO.
IT'S, UH, 208 FEET TO THE NEAREST ONE AND UH, THE ROAD IS ACTUALLY MAINTAINED BY MR. CANALS.
SO ANY OTHER QUESTIONS FROM THE BOARD? NO.
AND THE APPLICANT IS NOT HERE.
WOULD YOU LIKE TO, TO COME AND SPEAK? YES.
UM, SO WE DID BUY THE PROPERTY.
UM, MY PARENTS, UH, ARE PLANNING ON MOVING THERE, UM, IN ABOUT A COUPLE YEARS AFTER RETIREMENT SO THEY CAN LIVE THERE.
EVENTUALLY WE'LL MOVE THERE AND USE IT AS OUR SECOND HOME OBVIOUSLY.
BUT IN THE MEANTIME, LIKE MR. LEY WAS SAYING,
[01:45:01]
WE WANTED TO GO AHEAD AND DO A SHORT TERM RENTAL SO WE CAN COVER SOME OF OUR COSTS MEANWHILE.SO ANYWAYS, BUT THAT'S, THANK YOU VERY MUCH FOR YOUR TIME.
DO WE HAVE ANYONE SIGNED UP TO SPEAK IN? NOPE.
IS THERE ANYONE ELSE IN THE AUDIENCE? WE'D LIKE TO SPEAK MY SECOND INVITATION.
DO WE HAVE A MOTION? MADAM CHAIR? I MOVE THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY, UH, JOSE, UM, ELK CANALES FOR A SHORT TERM TOURIST RENTAL WITH THE CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF.
MADAME CHAIR? AYE MRS. COLORS? AYE.
[C9. Conditional Use Permit 2022-12-07, Natalya Scimeca for a Short-Term Tourist Rental Located at 1086 Lower Valley Road and Identified on Tax Map 17C, Block H, as Lot 33 - Chase Lenz, Zoning Administrator]
ITEM IS ITEM NINE.IT'S A CONDITIONAL USE PERMIT.
2022 DASH 12 DASH OH SEVEN NATALIA, OH GOSH, SHAMIKA FOR A SHORT TERM TERRA RENTAL LOCATED AT 10 86 LOWER VALLEY ROAD AND IDENTIFY ON TAX MAX 17 C BLOCK EIGHT H LOT 33.
THE APPLICANT IS REQUESTING A CONDITIONAL USE PERMIT FOR A SHORT-TERM TOURIST RENTAL FOR THE PROPERTY SHE PURCHASED IN SEPTEMBER OF 2022 AS A SECOND HOME.
THE OWNER WOULD LIKE TO MAKE THE PROPERTY AVAILABLE FOR SHORT-TERM LODGING FOR VISITORS, LOOKING TO EXPERIENCE THE NATURAL BEAUTY OF THE WARREN COUNTY AREA WHEN SHE IS NOT ENJOYING IT ON THE WEEKENDS AND HOLIDAYS WITH HER FRIENDS AND FAMILY.
SINCE THE APPLICANT PR PRIMARILY RE RESIDES IN WASHINGTON DC SHE HAS RETAINED A PAIR OF LOCAL PROPERTY MANAGERS WHO WILL SERVE AS HOSTS, ABLE TO RESPOND QUICKLY TO ANY ISSUES REQUIRING IMMEDIATE ATTENTION.
I BELIEVE THE PROPERTY OWNERS ARE LIKE RIGHT DOWN THE ROAD FROM THIS ON, UH, FORT VALLEY ROAD.
UM, THIS PROPERTY IS LOCATED IN THE LOWER VALLEY SUBDIVISION.
WE HAVE NOT HAD ANY CONDITIONAL USE PERMIT APPLICATIONS FOR SHORT-TERM TOURIST RENTALS IN THE LOWER VALLEY SUBDIVISION.
SO THIS WOULD BE THE FIRST ONE.
UH, WE DID REQUEST COMMENTS FROM THE FORT SMITH HOUSE, HOUSE CLUB INCORPORATED, UH, AND THEY HAVE RESPONDED SAYING THEY ANTICIPATE NO ADVERSE EFFECTS AND DO NOT OPPOSE THE APPROVAL OF THE APPLICATION.
UH, THERE IS A HEALTH DEPARTMENT OPERATION PERMIT APPROVING A MAXIMUM OF SIX OCCUPANTS FOR THE THREE BEDROOM DWELLING, AND THEY HAVE PROVIDED A PROPERTY MANAGEMENT PLAN FOR OUR REVIEW.
UH, THE APPLICANT IS REQUESTING A WAIVER TO THE 100 FOOT SETBACK REQUIREMENT FROM NEIGHBORING DWELLINGS AS THE DWELLING IS 68 FEET FROM THE PROPERTY TO THE SOUTHWEST.
UM, SO AGAIN, COUNTY PLANNING STAFF DOES NOT SUPPORT THIS WAIVER.
THE OWNER OF THE AFFECTED ADJACENT PROPERTY HAS SUBMITTED A LETTER IN OPPOSITION TO THIS APPLICATION AND THE APPLICANT AND, AND OWNER IS ALSO SUBMITTED A LETTER RESPONDING TO THIS LETTER.
UM, IT IS THE STANDARD RECOMMENDED CONDITIONS WITH CONDITION NUMBER TWO.
THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED SIX AS DETERMINED ACCORDING TO THE HEALTH DEPARTMENT OPERATION PERMIT FOR A THREE BEDROOM DWELLING.
AND NUMBER EIGHT, SHOULD YOU CHOOSE TO WAIVE THE SETBACK REQUIREMENT, A WAIVER TO THE REQUIRED SETBACK OF 100 FEET TO NEIGHBORING DWELLING SHALL BE GRANTED FOR THE EXISTING 68 FOOT SETBACK TO THE DWELLING SOUTHWEST OF THE SUBJECT PROPERTY.
THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED ADJACENT PROPERTY OWNERS HAVE BEEN NOTIFIED.
BOTH THE APPLICANT AND THEIR PROPERTY MANAGERS ARE HERE TODAY.
DOES THE APPLICANT LIKE TO COME AND SPEAK? YES, PLEASE.
NATALIA CCA 10 86 LOWER VALLEY ROAD.
THANK YOU FOR GIVING ME THE OPPORTUNITY TO COME AND SPEAK WITH YOU TODAY.
SORRY, I'M GETTING USED TO READING GLASSES.
I'VE JUST TRANSITIONED TO THEM.
UM, AS YOU KNOW FROM OUR APPLICATION MATERIALS, MY HUSBAND AND I PURCHASED THIS HOUSE AS A SECOND HOME.
SPECIFICALLY, WE WANTED TO BE ADJACENT TO THE GEORGE WASHINGTON NATIONAL FOREST, WHERE WE HAVE BEEN HIKING IN MOUNTAIN BIKING FOR THE PAST 18 YEARS AS AN ESCAPE FROM WASHINGTON DC WE'VE BEEN SPENDING SEVERAL WEEKENDS HERE EVERY MONTH, AS WELL AS OUR CHILDREN'S VACATIONS AND HOLIDAYS HERE, UM, WITH FAMILY AND FRIENDS AND WE'RE PUTTING DOWN ROOTS.
WE'VE BECOME FRIENDS WITH NEIGHBORS, ONE OF WHOM IS HERE TO TESTIFY TODAY.
AND WE'RE ACTIVE IN THE COMMUNITY, INCLUDING ON OUR HOMEOWNER'S ASSOCIATION, UM, IN ANTICIPATION OF OCCASIONALLY RENTING THE HOUSE AS CHASE NOTED.
UH, WHEN WE ARE NOT HERE, WE HAVE EXP UH, RETAINED EXPERIENCED PROPERTY MANAGERS, KELLY AND MATT SPANKS, WHO ARE HERE AND ARE ALSO PREPARED TO SPEAK AND ANSWER ANY QUESTIONS YOU HAVE.
THEY WILL SERVE AS HOSTS FOR US AND PROPERTY MANAGERS, WHICH THEY HAVE DONE IN THE REGION FOR THE PAST SEVEN YEARS.
THEY HAVE A PROVEN TRACK RECORD OF MANAGING RESPONSIBLE RENTALS.
IN FACT, TWICE DURING THE PANDEMIC,
[01:50:01]
MY HUSBAND AND I RENTED FROM THEM NOT KNOWING THAT THIS WOULD BE IN OUR FUTURE.WITH REGARD TO THE CONCERNS EXPRESSED BY OUR NEIGHBOR, MS. DAVIS, WE RESPECT HER FEARS, UM, BUT THEY'RE BASED ON SPECULATION AND WHAT IFS THAT WE CAN ACCOUNT FOR AND ENSURE DO NOT COME TO PASS.
SHE ASSUMES FIRST THAT RENTERS WILL BE CONSTANTLY COMING AND GOING, WHICH WILL BE DISRUPTIVELY NOISY AND WILL GENERATE AN UNUSUAL AMOUNT OF TRAFFIC.
HOWEVER, THERE'S NO REASON TO BELIEVE THAT RENTERS WOULD BE COMING AND GOING MORE OFTEN THAN WE DO WHEN WE'RE AT THE HOUSE.
IN FACT, IT TAKES AT LEAST 10 TO 15 MINUTES TO GET ANYWHERE FROM THE HOUSE.
SO IT DOESN'T MAKE ANY SENSE THAT PEOPLE WOULD BE COMING AND GOING ALL DAY LONG.
WE CAN LIMIT THE NUMBER OF CARS PARKED AT THE HOUSE CONSISTENT WITH THE FACT THAT OUR RENTAL CAN ONLY SUPPORT SIX PEOPLE PER OUR SEPTIC SYSTEM.
A MORE SERIOUS CONCERN MS. DAVIS RAISES IS THAT THERE WILL BE CONSTANT LOUD PARTIES.
HOWEVER, WE INTEND TO MARKET OUR HOUSE AS A QUIET, PEACEFUL, RURAL REFUGE, NOT AS PARTY CENTRAL.
WE WILL EXPLICITLY PROHIBIT PARTIES INVOLVING PEOPLE WHO ARE NOT GUESTS.
WE WILL INSTRUCT OUR RENTERS THAT THIS IS A QUIET RESIDENTIAL NEIGHBORHOOD, NEIGHBORHOOD, AND THEY SHOULD KEEP NOISE TO A MINIMUM AT ALL TIMES.
AND AS YOU KNOW, TO OBTAIN THIS PERMIT, WE ARE REQUIRED TO POST THE WARREN COUNTY, UH, NOISE ORDINANCE IN THE HOUSE.
UM, AND WE WILL ENSURE THAT THAT IS ENFORCED BY KICKING PEOPLE OUT IF THEY DO NOT, UM, ADHERE TO THEM.
AGAIN, THIS IS NOT AN INVESTMENT PROPERTY.
WE ARE NOT DOING THIS TO MAKE A PROFIT.
WE ARE INTERESTED IN RENTING THE HOUSE OUT WHEN WE ARE NOT THERE TO HELP COVER OUR EXPENSES.
BUT WE WILL BE THERE AND WE HAVE BEEN THERE VERY FREQUENTLY.
I DO HAVE NEIGHBORS WHO ARE ALSO HERE, UM, PREPARED TO TESTIFY TO MY GOOD, OUR OUR GOOD MORAL CHARACTER.
AND I ALSO HAVE A LETTER THAT I WILL READ OUT WHEN IT'S TIME FOR THE PUBLIC COMMENT, UNLESS YOU'D LIKE ME TO DO SO IMMEDIATELY AFTER THIS.
FROM A NEIGHBOR WHO'S KNOWN, UM, US FOR NINE YEARS IN WASHINGTON, DC AND CAN ALSO TESTIFY TO OUR NEIGHBORLINESS AND CHARACTER.
IN THAT CONTEXT, MS. DAVIS EXPRESSES CONCERNS ABOUT HER SAFETY AND THAT OF HER DAUGHTER BECAUSE OUR RENTERS COULD BE QUOTE, SEX OFFENDERS OR THOSE WITH A VIOLENT CRIMINAL OFFENSE AND THERE COULD BE DRUGS OR PARTYING.
AGAIN, OUR RULES WILL PROHIBIT THE USE OF DRUGS OR PARTYING AND THE LIKELIHOOD OF A SEX OFFENDER OR VIOLENT OFFENDER.
UH, RENTING A HOME FOR SEVERAL HUNDRED DOLLARS OVER A TWO TO THREE DAY MINIMUM RENTAL PERIOD WITH THE INTENTION OF TARGETING STRANGERS IN THEIR OWN HOMES IS INCREDIBLY REMOTE.
AND IN ANY CASE, THAT HAS NO BEARING ON THE FACT THAT OUR HOMES ARE LESS THAN A HUNDRED FEET FROM EACH OTHER.
ADDITIONALLY, WE'VE OBSERVED THAT THE DAVISES GENERALLY KEEP THEIR BLINDS DRAWN DAY AND NIGHT, SO THERE'S LITTLE POSSIBILITY OF EVEN SEEING INTO THEIR HOME FROM OURS.
AFTER THE PLANNING COMMISSION HEARING IN JANUARY ON THE RECOMMENDATION OF WARREN COUNTY OFFICIALS, WE REACHED OUT TO THE DAVIS'S.
WE APOLOGIZED FOR NOT HAVING UNDERSTOOD THE STRENGTH OF THEIR OPPOSITION WHEN WE TOLD THEM OF OUR PLANS IN DECEMBER.
AND WE REQUESTED THAT WE PLEASE SIT DOWN AND DISCUSS HOW WE CAN CREATE A PATH FORWARD THAT RESPECTS THEIR CONCERNS.
UNFORTUNATELY, THEY TOLD US IN NO UNCERTAIN TERMS THAT THEY ARE NOT WILLING TO DISCUSS THIS WITH US ANY FURTHER.
I HAVE THE EMAIL CORRESPONDENCE, IF YOU SHOULD LIKE TO SEE IT.
AS RESIDENTS OF WARREN COUNTY AND ACTIVE MEMBERS OF THE COMMUNITY WE'RE VERY HAPPY THAT THERE ARE STANDARDS IN PLACE TO PROTECT RE NEIGHBORS, RESIDENTS FROM THE POTENTIAL EFFECTS OF SHORT-TERM RENTALS.
UM, IN FACT, WE WOULD MUCH PREFER TO COMPLY WITH THESE REGULATIONS AFTER BEING ISSUED A SHORT TERM RENTAL PERMIT THAN TO PURSUE UNREGULATED MEDIUM TERM RENTALS, WHICH YOU'VE TOUCHED ON TODAY, WHICH IS OUR SECOND BEST OPTION, NOT OUR PREFERRED OPTION.
DENYING US AS PERMIT WOULD NOT ADDRESS THE DAVIS'S CONCERNS, BUT IN ISSUING US AS PERMIT, YOU CAN IMPOSE LIMITS ON US ALL THE LIMITS THAT ARE CREATED IN THE CODE, UM, WITH WHICH WE ARE MORE THAN HAPPY TO COMPLY.
UM, FINALLY, WELL, I, AS I ALREADY MENTIONED, I HAVE THE LETTER FROM MY NEIGHBOR IN WASHINGTON DC THAT I'M PREPARED TO READ EITHER NOW WHILE I'M HERE OR IF YOU WANT TO BREAK INTO PUBLIC COMMENT, UM, LETTER.
AND DO WE NEED TO HAVE THAT LETTER PUT INTO RECORD?
GO AHEAD AND READ YOUR LETTER.
DEAR BOARD AND COMMUNITY MEMBERS, I'M READY TO PROVIDE A LETTER OF REFERENCE FOR MY NEIGHBORS NATALIA SEMEKA AND PHILIP WRIGHT.
I'VE KNOWN THESE NEIGHBORS FOR NINE YEARS AND CAN UNEQUIVOCALLY ATTEST TO THEIR RESPONSIBLE CHARACTER AND POSITIVE REPUTATION AND CARE FOR THEIR NEIGHBORS WITHIN OUR COMMUNITY IN WASHINGTON DC THEY WERE THE FIRST NEIGHBORS TO KNOCK ON MY DOOR AND QUICKLY WELCOMED ME INTO THEIR HOME AND SOCIAL NETWORK.
THROUGHOUT OUR TIME, LIVING FOUR DOORS APART IN A BLOCK OF ROW HOUSES, I'VE GROWN TO RELY ON THEM, NOT JUST AS NEIGHBORS, BUT ALSO AS TRUSTED FRIENDS.
DURING OUR TIME LIVING IN THE BLOOMINGDALE NEIGHBORHOOD OF WASHINGTON DC I HAVE WITNESSED THEIR FAMILY'S COMMITMENT TO BUILDING A SENSE OF COMMUNITY.
THEIR RELIABILITY, INTEGRITY, AND POSITIVE NATURE MAKE THEM AN ASSET TO ANY GROUP THAT THEY JOIN.
THEY CONTINUE TO SHOW A GENUINE INTEREST IN GETTING TO KNOW NEW NEIGHBORS BY HOSTING POTLUCKS, ORGANIZING BLOCK PARTIES, HALLOWEEN FUN AND MORE.
[01:55:01]
THEIR GREAT INTERPERSONAL SKILLS, THEY ARE INCLUSIVE AND ACCEPTING OF ALL, WHETHER IN WASHINGTON OR VIRGINIA, I DO NOT BELIEVE THEY WOULD EVER KNOWINGLY INCONVENIENCE A NEIGHBOR OR MAKE A NEIGHBOR FEEL UNSAFE.IT HAS BEEN MY PLEASURE TO WATCH THEIR SONS.
SIMON AND FELIX GREW UP AND I ADORE BOTH.
THEY'RE KIND AND CONSIDERATE KIDS THAT WILL ALWAYS LEND A HAND WHEN I NEED SOMETHING.
WHEN I TRAVEL, SIMON HAS CARED FOR MY PLANTS, TAKEN PACKAGES IN, AND MADE SURE THAT MY ELDERLY FATHER HAD ACCESS TO HIS DAILY NEWSPAPER.
FELIX ALWAYS BRINGS A SMILE TO MY FACE WHEN HE STOPS BY MY HOUSE TO PLAY WITH MY DOG OR HELP ME GARDEN.
FINALLY, THEY TAKE EXCELLENT CARE OF THEIR HOME AND YARD ENSURING IT IS WELL MAINTAINED AND PRESENTABLE.
THEY'RE ALWAYS WILLING TO LEND A HAND, NOT JUST TO ME, BUT ANYONE IN THE NEIGHBORHOOD, WHETHER IT BE BY HELPING WITH A PROJECT, BEAUTIFYING THE NEIGHBORHOOD, OR SUPPORTING A NEIGHBOR IN NEED WITHOUT HESITATION.
I WHOLEHEARTEDLY RECOMMEND NATALIA AND PHILIP FOR ANY ENDEAVOR THEY MAY PURSUE.
AND I'M VERY CONFIDENT THAT THEY WILL BE RESPONSIBLE AND COURTEOUS TO ALL MEMBERS OF THE NEW COMMUNITY.
SINCERELY, SARAH TALIO, 61 W STREET, NORTHWEST WASHINGTON, DC THANK YOU.
SO ARE THERE ANY QUESTIONS OR COMMENTS FROM THE BOARD? YEAH, I I DO HAVE ONE, UH, ONE COMMENT AND THAT'S, YOU KNOW, IF WE, IF WE CONSISTENTLY, UH, SAY, OKAY, WE'RE GONNA GIVE A WAIVER TO THIS SETBACK, THEN WHY EVEN HAVE A SETBACK? YEAH, I MEAN, IT COULD DEFINITELY BE ARGUED THAT EVERY TIME YOU GRANT A WAIVER, IT IS WEAKENING THAT ORDINANCE KIND OF WEAKENING THE IMPORTANCE OF HAVING THAT ORDINANCE IN THERE.
UM, SO YEAH, I MEAN, WE CAN DEFINITELY EXPLORE, UM, IF, IF NOT COMPLETELY REMOVING IT OR, UH, MAYBE BUILDING GUIDELINES FOR WAVING IT WITHIN THE CODE ITSELF.
SO, SO THE, SO MY CONCERN IS THIS, YOU KNOW, WE, WE COME IN AND WE, WE SAY, OKAY, WELL WE'RE GONNA SET WE'RE, WE'RE GONNA SET A LIMIT OR A TARGET HERE, BUT THEN EVERY TIME WE WELL, WE'RE, WE'RE GONNA WAIVE THAT.
AND SO, YOU KNOW, IT, IT KIND OF COMES DOWN TO WAS IT JUST ARBITRARILY SET AT A HUNDRED FEET? UH, BECAUSE, UH, YOU KNOW, MS. KOHLS HAS A, SHE HAS A GOOD POINT.
UH, YOU KNOW, THE, IF IF WE HAVE A A, UH, UM, OH, A A A LIMIT OR YOU KNOW, A SETBACK OF A HUNDRED FEET AND SOMEBODY COMES IN TO BUY THE PROPERTY NEXT TO THEM AND UH, AND THEY GO, OH, WELL THEY, YOU KNOW, THEY DON'T MEET THAT SETBACK THEN, YOU KNOW, I I I WANT TO GET, UH, YOU KNOW, UM, I WANT YOU TO DROP THE PRICE ON THE HOUSE OR ELSE I'M NOT GONNA BUY THE HOUSE PERIOD.
YOU KNOW, SOMETHING OF THAT NATURE.
AND SO THE WAS THE, MY, MY REAL QUESTION HERE IS WAS THE A HUNDRED FEET, WAS THAT JUST YEAH, I, I DON'T REMEMBER IF IT WAS WHERE WE ACTUALLY CAME UP WITH THAT SPECIFIC, UH, AMOUNT, A HUNDRED FOOT.
I MEAN, I, I, I THINK WE, MAYBE IT WAS, WE FELT IT WAS A REASONABLE AMOUNT TO BE ABLE TO VET SOME OF THESE IN SOME OF THE R ONE ZONING DISTRICTS.
SO THIS WAS ABOUT NINE YEARS AGO.
AND YOU KNOW, I JUST KNOW THAT PRIOR TO THAT, WHEN WE WERE HAVING PEOPLE APPLY FOR THESE IN R ONE, PEOPLE WERE VERY CONCERNED.
IT WAS A LAND USE THAT THEY REALLY WEREN'T USED TO HAVING RIGHT NEXT TO 'EM.
SO THEY WERE THERE, THERE WAS ALWAYS A SENSE OF FEAR AND OF THE UNKNOWN, NUMBER ONE, UM, SOME OF THESE WERE TAKING PLACE IN HIGH KNOB, WHICH IS A GATED COMMUNITY.
SO THAT WAS KIND OF LIKE ONE OF THOSE THINGS THAT WAS LIKE, OKAY, THAT'S JUSTIFIABLE.
NOT TO HAVE IT THERE, BUT IT WAS, IT REALLY, I THINK IT WAS A DENSITY STANDARD.
THE, THE, THE DENSER YOU HAVE HOUSING, YOU KNOW, THE MORE POTENTIAL YOU MIGHT HAVE FOR PROBLEMS. SO I WANNA SAY IT WAS ARBITRARILY, I THINK IT WAS JUST, WE CAME UP WITH THIS AS A HUNDRED FOOT REASONABLE SETBACK.
AND IT, YOU KNOW, IT HAS WORKED FOR US TO SOME EXTENT UP TILL ABOUT THREE YEARS AGO WHEN THINGS, THE MARKET JUST TOOK OFF AND, YOU KNOW, WE HAD SO MANY OF THESE COME UP, THESE HOUSES COME UP AND PEOPLE WANTED TO SHARE, YOU KNOW, BE ABLE TO LIVE HERE AND THEN LIVE IN THE CITY AND THEN BE ABLE TO RENT AND THAT KIND OF THING.
UM, I WILL SAY THAT WITH ANY TYPE OF, UH, ORDINANCE, IF YOU FIND YOURSELF, AND THIS IS FOR ANYTHING, IF, IF YOU FIND THAT THE BOARD LEGISLATIVELY ARE MAKING, YOU KNOW, CHANGES, BASICALLY RULING AGAINST A PARTICULAR CHANGE, THEN THAT IS PROBABLY A TIME TO REEVALUATE.
AND WE HAVE BEEN REEVALUATING THAT ORDINANCE.
I SUSPECT CHASE HAS DONE SOME RESEARCH AND WE ARE COMING UP WITH SOME VARIOUS OPTIONS, UM, FOR, UH, CHANGING AND
[02:00:01]
AMENDING THE ORDINANCE AND BASICALLY MAYBE GIVING A GUIDELINE FOR HOW YOU, HOW TO WAIVE THIS IF IT'S IN THE HIGH, UH, THE FLOODPLAIN OVERLAY DISTRICT.AND IT'S A GRANDFATHERED STRUCTURE.
UH, YOU KNOW, I I I'VE SEEN MANY HOMES THAT HAVE BEEN PRETTY WELL TAKEN CARE OF AND THEY'RE 30 FEET FROM THE ADJACENT HOUSE.
PEOPLE DON'T LIVE THERE FULL-TIME CUZ IT'S ON, YOU KNOW, IT'S ON THE RIVER AND THEY JUST, THEY WANT IT AS A, A SECOND HOME.
AND SO THAT COULD BE ONE OF THOSE THINGS WHERE WE HAVE GUIDELINES FOR, FOR WAVING THESE, I'VE ALSO SEEN WHERE THEY WERE WAIVED OR THEY WEREN'T WAIVED BECAUSE THE PROPERTY OWNER LIVED IN A CUL-DE-SAC AND THERE WAS SOME ISSUES WITH SOMEBODY PARKING IN OTHER PEOPLE'S GARAGE, UH, DRIVEWAYS MM-HMM.
AND, YOU KNOW, SO THERE IS SOME JUSTIFIABLE REASONS TO HAVE THIS JUST AS THERE ARE JUSTIFIABLE REASONS TO, TO WAIVE IT.
SO MAYBE THE GUIDELINES, YOU KNOW, MAYBE WE, WE REEVALUATE IT IS A HUNDRED FEET TOO MUCH OR TOO LITTLE.
AND THEN PROVIDE GUIDELINES ON HOW TO, YOU KNOW, WHY WE SHOULD WA WHY THE, THE LEGISLATIVE BODY, YOU GUYS SHOULD WAIVE THESE, UH, SETBACKS.
SO, WELL, I MEAN, I, I, I SEE MS. OTS, UH, I SEE HER POINT IN THAT, UH, YOU KNOW, IF YOU'VE GOT A A, UH, IT'S A SHORT TERM RENT RENTAL IN THE BEVERLY HILLBILLIES MOVE IN NEXT TO YOU, YOU KNOW, THEN YOU KNOW, IT'S, UH, WELL, THEY'LL BE GONE IN A COUPLE OF DAYS, SO DON'T HAVE TO WORRY ABOUT IT VERSUS A LONG-TERM RENTAL AND OH MY GOODNESS, YOU KNOW, THEY'VE, THEY'VE MOVED IN AND, AND, UH, YOU KNOW, THEY, IT'S, YOU KNOW, THEY, YOU GOT A POINT POINT THERE.
WELL, AND SPEAKING TO SHENANDOAH SHORES, I KNOW SOME OF THE PROFESSIONAL, WELL, WE HAVE SOME FOLKS WHO ARE REAL ESTATE, THEY'RE IN REAL ESTATE, THEY DO THIS AS, AS THEIR PROFESSION.
AND THEY, THEY PURCHASE HOUSES AND THEY RENOVATE 'EM AND THEY, THEY RENT 'EM SHORT TERM.
AND, AND SOME OF THESE HOUSES THAT THEY'VE TOLD US THEY'VE PURCHASED, THEY WERE PRETTY DERELICT.
AND IF THEY WERE BEING RENTED FULL-TIME, IT WAS BY, YOU KNOW, SOMEONE WHO MIGHT NOT BE THE MOST, UH, CAN I SAY BEST NEIGHBOR YOU WOULD WANT TO HAVE? LET'S JUST PUT THAT ONE.
I'D LIKE, I'D LIKE TO ADD SOMETHING BECAUSE I THINK HISTORICALLY THIS COMMUNITY HAS BEEN A TOURIST DESTINATION.
WE HAVE BEEN, THIS IS WHY WE HAVE ALL THESE LITTLE MOTELS AROUND HERE.
THIS IS WHY WE HAVE RIVER LOTS THAT ARE NARROWER THAN A HUNDRED FOOT SETBACKS.
THIS IS, THIS IS WHO WE WERE AND WHO WE ARE.
AND SO TO ME, I I HAVE TO SAY THAT I AM THRILLED TO HAVE TOURISTS COME TO OUR COMMUNITY AND VISIT AND THEN GO HOME AND TELL THEIR FRIENDS ABOUT HOW GREAT WE ARE.
AND THE HOMES ARE BETTER CARED FOR BECAUSE YOU HAVE TO MAINTAIN THEM FOR RENTAL TO THE SHORT TERM WORLD AND NOBODY'S GONNA RENT A DERELICT HOME.
AND SO, IN MY MIND, THERE IS MORE BENEFIT TO SHORT-TERM TOURIST RENTALS THAN THERE ARE TO TRADITIONAL LONG-TERM RENTALS.
TRADITIONAL LONG-TERM RENTALS ARE VERY DIFFICULT TO MAINTAIN.
I HAVE A FRIEND WHO RENTED HER LONG-TERM AND HAD A VERY DAMAGING TENANT AND COULD NOT GET THAT TENANT REMOVED AND DID THREE OR $4,000 WORTH OF DAMAGE HAD TO GO TO COURT.
I'M TELLING YOU, THESE ARE NOT, THIS IS NOT THE TARGET.
THIS SHOULD NOT BE THE TARGET OF OUR CONCERN.
I ACTUALLY BELIEVE THESE ARE BENEFICIAL TO THIS COMMUNITY.
UH, AND THEY RAISE THE PROPERTY VALUES IN THE NEIGHBORHOODS BECAUSE THEIR HOMES ARE WELL KEPT.
SO ANYWAY, I'M OFF MY SOAPBOX
I'M SORRY IF I MAY JUST, UM, SOMETHING THAT, UM, SUPERVISOR BUTLER SAID, I THOUGHT IT WA MIGHT BE HELPFUL IF I POINTED THE BOARD TO ANOTHER CODE SECTION.
WE HAVE, UM, IT SECTION 180 DASH 30, WHICH SPEAKS TO WAIVERS.
AND IT MIGHT JUST BE BENEFICIAL FOR THE BOARD TO, TO KNOW, UM, OR BE REMINDED OF WHAT THAT SAYS.
IT SAYS, IN APPROVING A CONDITIONAL USE PERMIT, THE BOARD OF SUPERVISORS MAY VARY PROVISIONS OF THIS ARTICLE WHERE THEY ARE DEEMED NECESSARY TO PROMOTE THE PURPOSES OF THIS CHAPTER.
AND THIS IS IN THE ARTICLE OF SUPPLEMENT OUR SUPPLEMENTAL REGULATIONS, WHICH INCLUDE SHORT TERM TOURIST REYNOLDS.
SO THE, THE CODE IS WRITTEN IN A WAY THAT GIVES THE BOARD SOME FLEXIBILITY.
UM, AND JUST BASED ON SOMETHING, UH, MR. BUTLER SAID, JUST WANTED TO BRING THAT UP, THAT THERE IS FLEXIBILITY FOR THE BOARD TO CON CONSIDER IT IS IN THE CODE.
THAT I, I UNDERSTAND THE FLEXIBILITY, BUT I'M JUST KIND OF WONDERING, OKAY, SO IF WE PUT A MARK OUT THERE, WHY IS THE MARK OUT THERE? IF WE CONSISTENTLY SAY, WELL, WE'LL WAIVE THIS, WELL, WE'LL WAIVE THIS, WELL THEN WHY EVEN HAVE IT OUT THERE? AND MAYBE WE NEED TO REVIEW THE, THE ORDINANCE.
[02:05:01]
I BELIEVE THAT WE NEED TO REVIEW THE ORDINANCE AND EXAMINE ITS APPROPRIATENESS FOR ESPECIALLY THE OLDER, NARROWER LOTS THAT WERE DEVELOPED WELL BEFORE THAT ORDINANCE WAS EVEN CREATED.UH, BECAUSE IT'S UNREALISTIC TO BELIEVE THAT WERE NOT GONNA HAVE WAIVERS BASED ON
I THINK THAT H HOWEVER WELL-INTENDED IT WAS, THERE'S ALWAYS WELL-INTENDED GOVERNMENT ALWAYS DOES
AND THAT'S WHAT WE'RE DEALING WITH.
SO I THINK WE NEED TO REVIEW IT.
AND MAYBE THAT'S A WORK SESSION IN THE FUTURE.
IT'S MARCH 14TH,
I AGREE WITH, UH, THE IDEA OF RE RENEW, REVIEWING IT AND MAYBE COMING UP WITH SOMETHING BETTER, BUT RIGHT NOW WE'RE AT A HUNDRED FEET.
WHAT'S THE STATE AT? GOOD QUESTION.
ASKING WHAT THE STATE OF VIRGINIA REQUIRES.
I DON'T BELIEVE THEY REQUIRE A SETBACK.
THAT'S ALL THEY NEEDED TO KNOW.
UM, OH, AND I DID FORGET TO MENTION, UM, THE PLANNING COMMISSION STATUS.
I DID FORWARD THIS TO YOU ALL WITH A UNANIMOUS RECOMMENDATION OF DENIAL.
WHY DID THEY DENY THIS ONE AND NOT THE OTHER? YEAH, AND IT, IT WAS VERY MUCH TIED TO THE CONCERN RECEIVED FROM THE NEIGHBOR.
UM, THE PLANNING COMMISSION FELT UNCOMFORTABLE WAIVING THAT REQUIREMENT WHEN THE PERSON IMMEDIATELY AFFECTED BY THAT SETBACK REQUIREMENT IS UNCOMFORTABLE WITH AND OPPOSED TO THE USE.
UM, SO THEY BELIEVE THAT THAT SUPPORT FROM THE NEIGHBOR IS CRITICAL TO WAIVING THE SETBACK REQUIREMENT.
AND THAT WAS THE ONLY REASON WHY.
THAT'S THE ONLY REASON THEY MENTIONED.
DID WE HAVE ANYBODY ELSE TO SIGN UP TO SPEAK? YES.
I'M, UH, MATT SPINKS, 64 54 FORT VALLEY ROAD.
UH, I LIVE JUST A FEW MILES DOWN FROM THIS PROPERTY.
UH, MY WIFE AND I HAVE BEEN MANAGING AIRBNB PROPERTY SINCE 2016.
WE TRAVELED 7,000 MILES AROUND THE COUNTRY EXPLORING AIRBNBS AND THE REGULATIONS AND THE RULES IN WARREN COUNTY IS THE ONLY ONE THAT WE'VE SEEN FROM HERE TO MONTANA AND COLORADO THAT HAS A SETBACK LIKE THAT.
UM, BUT I, I MEAN, I'M AWARE OF THE LETTER, UH, THAT WAS WRITTEN.
UH, BUT WE'VE HOSTED THOUSANDS OF PEOPLE FROM ALL OVER THIS WORLD, EVERYWHERE.
I CAN'T TELL HOW MANY COUNTRIES AND PEOPLE I'VE MET, PEOPLE I'VE HAD TO USE MY PHONE TO, TO SPEAK TO.
AND WE HAVE NEVER HAD AN ISSUE, A SINGLE ISSUE OF THE CONCERNS OF THIS LETTER.
IT'S JUST, IT, IT'S JUST NOT, IT DOESN'T HAPPEN LIKE PEOPLE THINK IT DOES.
UM, I KNOW THERE IS REASON FOR CONCERN BECAUSE, YOU KNOW, A LOT OF PEOPLE TODAY ARE, THEY JUST FEAR CHANGE.
THEY DON'T LIKE THINGS THAT IS OUT OF THEIR CONTROL.
UM, BUT, YOU KNOW, OUR RECORD, OUR, YOU KNOW, THE, OUR OF OF OUR MANAGEMENT PRACTICES, WE CAN VET EVERYBODY THAT COMES.
WE ASK PEOPLE, WHY? WHAT ARE YOUR INTENTIONS? WHY DO YOU WANNA BOOK THIS HOUSE? WE DO NOT ALLOW SINGLE INDIVIDUALS TO BOOK A HOUSE.
WE DO NOT ALLOW MULTIPLE YOUNG PEOPLE WHO ARE NOT MARRIED IN A FAMILY TO BOOK A HOUSE.
WE VERY MUCH GEAR OUR PROPERTIES TOWARDS FAMILY AND, YOU KNOW, VACATION.
AND MOST PEOPLE THAT ARE COMING OUT HERE ARE JUST COMING TO GO HIKING.
THEY'RE COMING OUT TO ENJOY OUR BEAUTIFUL AREA.
SO WHILE I UNDERSTAND THEIR REASONS OF CONCERN, THEY'RE JUST NOT VALID.
STATISTICALLY, I MEAN, THIS, THIS ISN'T WASHINGTON DC WHERE PEOPLE RENT A HOUSE AND THROW A MASSIVE PARTY AND, AND WHATNOT.
THEY JUST, THEY DON'T DO IT OUT HERE THAT, THAT MUCH.
SO, SO YOU'RE THE PROPERTY MANAGER? YES, SIR.
WE MAKE SURE THAT ALL OF OUR GUESTS KNOW THAT, HEY, I'M JUST A FEW MILES DOWN THE ROAD.
WE CAN, AND WE'LL CHECK IN ON YOU.
UH, WE, WE VETTED FOR THAT VERY REASON BECAUSE AS OUR, AS OUR MANAGEMENT PRACTICE, IF WE HAVE PEOPLE THAT ARE COMPLAINING AND WE GET BAD REVIEWS, THAT AFFECTS OUR BUSINESS.
SO WE HAVE TO MAKE SURE THAT THE PEOPLE THAT ARE COMING TO STAY AT OUR PROPERTIES ARE, ARE, ARE THERE FOR LEGITIMATE REASONS.
UH, AND OUR PRICE POINT IN GENERAL, WHAT WE DO WITH OUR PROPERTIES, IT PRICES YOUNG KIDS OUTTA THE MARKET THAT JUST WANT TO PARTY.
THEY'RE JUST LOOKING FOR A PLACE THAT TO GO AND GET AWAY.
AND, AND AIRBNB IS VERY STRICT ON THAT.
AIRBNB IS, WHEN YOU SIGN UP WITH AIRBNB, YOU'RE COVERING UNDER A MILLION DOLLAR INSURANCE POLICY RIGHT OFF THE BAT.
THEY DO NOT WANT PEOPLE TO BE PARTYING, THROWING, THROWING, YOU KNOW, PARTIES AND STUFF.
THERE'S SO, YOU KNOW, UH, I DON'T, I, I DON'T AGREE
[02:10:01]
WITH, WITH HAVING THE SETBACKS WE HAVE, ESPECIALLY THIS PARTICULAR PROPERTY, BECAUSE YOU ACTUALLY SEE THE WAY THE HOUSE IS AND THE LIE OF THE LAND AND THE TREES AND EVERYTHING.THEY'RE ACTUALLY AT THE BACK VERY BACKYARD OF THESE PEOPLE'S PROPERTY.
UM, SO I, I JUST HOPE THAT YOU KNOW, US AND OUR EXPERIENCE SINCE 2016, WE WERE IN IT WHEN OTHER PEOPLE WERE SAYING, WHAT'S AIRBNB? YOU KNOW, THEY REALLY DIDN'T KNOW.
THERE WAS VERY FEW HOUSES AROUND HERE WHEN WE STARTED DOING IT.
AND NOW WE MANAGE PROPERTIES IN SHENANDOAH COUNTY.
UH, NOW WARREN COUNTY AND SHENANDOAH COUNTY HAS NO REGULATION LIKE THIS.
YOU KNOW, WE, YOU'RE, I REALLY LOVE A LOT OF YOUR COMMENTS BECAUSE AIRBNBS ARE GOOD FOR OUR AREA.
THEY'RE GOOD FOR OUR, OUR COMMUNITIES.
THEY'RE, THEY BRING PEOPLE IN WHO TELL OTHER PEOPLE AND THEY KEEP BRINGING PEOPLE BACK.
SO, UH, OUR CLIENT IS SUPPORTED BY HER HOA.
ALL OF HER NEIGHBORS SAVE ONE.
UM, AND I, I JUST, I HOPE THAT YOU GUYS WILL SUPPORT THAT BECAUSE I THINK IT'S, IT'S VERY GOOD FOR THEM AND FOR OUR COMMUNITY.
IS THERE ANYBODY ELSE WHO SIGNED UP TO SPEAK? YES, MA'AM.
HI, KURT GEHRINGER, 1114 LOWER VALLEY ROAD.
SO I AM ONE OF THE NEIGHBORS, BUT I'M ALSO THREE NEIGHBORS.
CAUSE I HAVE THREE LOTS IN THE CUL-DE-SAC AND I JUST CAN'T SEE AN ISSUE WITH THIS AT ALL.
I, I'M AWARE THAT THE NEIGHBOR BESIDE THEM RAISED AN ISSUE.
THEY'RE NEW TO THE, TO THE DEVELOPMENT.
THEY'VE ONLY BEEN THERE A COUPLE YEARS IF THAT.
I'VE MET EVERYBODY ELSE AROUND.
SO I'M, I'M JUST NOT, I DON'T SHARE THEIR CONCERNS AT ALL.
I'M NOT GOING ANYWHERE AND MY THREE PROPERTIES AREN'T GOING ANYWHERE.
SO I RECOMMEND IT IF THERE'S ANY QUESTIONS.
DO WE HAVE ANYBODY ELSE? YES, MA'AM.
AND, UM, I WOULD LIKE TO SPEAK FOR THE CHARACTER OF WHAT I KNOW ABOUT THIS FAMILY THAT MOVED IN A FEW MONTHS AGO.
UM, WE, WE HA WE HAVE BEEN IN THEIR HOME.
THEY ARE VERY INVOLVED IN ALL THE RIGHT THINGS, EXTRACURRICULAR FROM THEIR CAREERS AND HELPING KIDS.
AND, UM, I JUST, MY, MY NEIGHBORHOOD'S VERY IMPORTANT TO ME.
AND OF ALL THE PEOPLE, OF ALL THE ISSUES THAT I DON'T THINK THEY SHOULD BE, THE ONES DENIED BECAUSE OF A SETBACK ISSUE BECAUSE THEY ARE QUALITY PEOPLE.
THEY ARE NOT THE KIND OF PEOPLE.
THEY WOULD BE THE ONES MOST OFFENDED BY SOMEBODY WHO RENTED THEIR HOUSE.
THAT WAS NOT THE APPROPRIATE KIND OF PERSON.
AND SO, UM, I, I WOULD LIKE TO PRESENT TO THE BOARD FOR ANOTHER CONSIDERATION RATHER THAN FOOTAGE SETBACK.
AND IT WOULD BE SOUND BECAUSE IT DOESN'T MATTER WHETHER YOU'RE FIVE FEET OR 250 FEET.
AND, UM, I, I TOTALLY UNDERSTAND THE DIFFICULTY YOU HAVE OF SETBACKS AND RULES AND REGULATIONS AND YOU WANNA BE FAIR.
AND, UM, I CAN UNDERSTAND THE DIFFICULTY YOU HAVE IN YES AND NO.
THIS PERSON, YES, THIS PERSON, NO.
AND, BUT I, I WOULD JUST LIKE TO, TO UM, PRESENT THE THOUGHT OF MAYBE THE ISSUE ISN'T SO MUCH DISTANCE AS IT IS SOUND.
AND I THINK THAT IF THE MEASURES ARE IN PLACE WITH THESE PEOPLE, UM, WITH NATALIA AND PHILLIP AND THEIR CONCERN FOR THESE NEIGHBORS, UM, THEY HAVE SHARED THEIR LEGITIMATE CONCERN FOR THEIR ISSUES.
AND I KNOW THAT THEY HAVE WANTED TO REACH OUT TO THEM TO ALLEVIATE THEIR FEARS.
AND I'VE BEEN ON THAT OTHER END OF IT.
SO I UNDERSTAND THAT NEIGHBOR'S FEARS, BUT I DON'T THINK THIS IS THE SITUATION THAT THAT NEIGHBOR FACES ANY RISK.
AND I JUST WANTED TO PUT THAT IN FRONT OF YOU.
DO YOU HAVE ANYBODY ELSE? NO ONE ELSE HAS SIGNED UP.
MADAM CHAIR, IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WOULD LIKE TO COME AND SPEAK?
[02:15:02]
SECOND INVITATION.DO WE HAVE A MOTION? MADAM CHAIR? I MOVE THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT, UH, REQUEST OF NATAKA FOR A SHORT-TERM TOURIST RENTAL WITH THE CONDITIONS IS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF.
SECOND MADAME CHAIR, ROLL CALL PLEASE.
DO I HAVE A MOTION TO ADJOURN? SO MOVED.
OH, I DIDN'T THINK YOU WANTED TO, YOU WANTED TO STAY HERE,
THANK YOU VERY MUCH FOR ATTENDING.