[00:00:04]
[I. CALL TO ORDER]
UH, IT IS NOW SEVEN O'CLOCK, UH, I'M CONNIE MARSTEINER.I'M ACTING AS CHAIRMAN TONIGHT BECAUSE CHAIRMAN JONES HAD A HEALTH ISSUE, WHICH HE FELT A PRUDENCE WOULD DICTATE THAT HE SHOULD NOT BE HERE TONIGHT.
HOWEVER, HE PLANS TO BE HERE FOR THE NEXT MEETING.
SO LET US BEGIN BY ASKING FOR A CALL OF THE ROLE COMMISSIONER MERCHANT HERE.
VICE CHAIRMAN MARSH NOUR, PRESENT COMMISSIONER BORDEN HERE, FOUR PEOPLE OUT OF FIVE BEING PRESENT A CORUM EXISTS.
SO THE MEETING CAN BE CALLED ORDER.
[III. CITIZEN COMMENTS]
FIRST ITEM OF BUSINESS IS CITIZEN COMMENTS, AND THERE IS A CITIZEN COMMENT FROM MR. MATT TODRICK OF FRONT ROYAL, BUT THAT'S NOT A SUFFICIENT ADDRESS.WHAT'S YOUR STREET ADDRESS? THAT'S WHAT WE USUALLY ASK FOR ONE.
WHAT DO YOU WANT TO ADD TO IT? VERY GOOD.
UM, MOUNTAIN CHAIR, MEMBERS OF THE COMMISSION.
THANK YOU FOR AFFORDING ME THE OPPORTUNITY TO SPEAK A FEW MINUTES, UH, REGARDING A MATTER THAT I'M DEEPLY CONCERNED ABOUT.
UM, I WENT AWAY, UM, FOR THANKSGIVING AND CAME HOME AND WAS READING THE LOCAL NEWSPAPERS.
AND, UH, THERE WAS AN ARTICLE WRITTEN IN THE WARREN REPORT, UM, UH, IN THE NOVEMBER EDITION THAT, UM, QUOTED, UH, SEVERAL INDIVIDUALS.
UH, ONE WAS STEVIE HUBBARD AND THE OTHER ONE WAS A LADY BY THE NAME OF CHRISTINE NELSON.
I'VE, I'VE NEVER REALLY MET MS. NELSON OR HAD A CONVERSATION WITH HER.
I THINK I'VE SEEN HER IN AN AUDIENCE BEFORE I HAVE HAD CONVERSATIONS WITH MS. HUBBARD IN THE PAST.
UH, I WILL ATTEST THAT, UM, FROM ALL ACCOUNTS, UH, POLITICALLY AND PHILOSOPHICALLY, WE DON'T NECESSARILY SEE I, AND I, BUT I HAVE FOUND MS. HUBBARD TO BE VERY CREDIBLE AND AN HONEST INDIVIDUAL.
AND WHAT WAS DISTURBING TO ME WAS, UM, WHAT WAS ALLEGED BY THEM, WHICH, UM, SEEMS VERY CREDIBLE IS THAT, UM, MR. MERCHANT, A COMMISSION PLANNING COMMISSION MEMBER, AND THESE ARE HER HERE, KIRK QUOTE, AND I MS. HUBBARD'S QUOTE, UH, LEAKED THIS REPORT, WHICH WAS A REPORT THAT YOU GUYS HAVE BEEN WORKING ON AT THE REQUEST OF, UH, MR. MERCHANT REGARDING, UM, ACTIVITIES OF MR. HOLLOWAY AND, UH, LEAKED THIS REPORT TO WALT MAY, THE BOARD OF SUPERVISORS WHO, UM, WHO HAS HAD IT FOR WEEKS NOW, I CONTACTED WALT MAID WHO SAID HE WASN'T SURE WHAT TO DO WITH THE REPORT NOW THAT HE WASN'T RUNNING FOR MAYOR.
AND IN A LATER CONVERSATION, HE SAID, UM, WHAT IF THE REPORT DIDN'T SAY WHAT IT NEEDED TO SAY? UM, I WAS VERY ALARMED BY THAT.
UM, IT WENT ON TO SAY, SO I STARTED THINKING, THIS IS MS. HUBBARD SPEAKING.
I STARTED THINKING THAT THIS THING, UH, BELIEVE IN WHOLEHEARTEDLY THAT CHRIS PROBABLY DID SOMETHING WRONG.
NOW, I'M NOT SURE THIS ISN'T A MANUFACTURED SCANDAL OR I'M SORRY, MANUFACTURED A SCANDAL TO HELP WALT IN HIS BID FOR MAYOR.
UM, SO, YOU KNOW, WHEN, WHEN I SAW ON TELEVISION, WHEN I SAW THE REQUEST OF, OF, OF A, UH, UM, UM, UH, THE PLANNING DIRECTOR TO LOOK INTO THIS MATTER AND TO SEE WHAT PROCEDURES HAD BEEN HAD BEEN, UM, HAD BROKEN DOWN, I THOUGHT THAT WAS A GOOD REQUEST, BUT THIS APPEARS, THIS APPEARS TO BE MUCH DEEPER THAN THAT.
AND, UM, AND IT GOES ON IN THE ARTICLE TO STATE HOW THIS OPERATION TOOK PLACE WHEREBY UM, THERE WERE A SECRET TEXT MESSAGES BACK AND FORTH.
THERE WAS THE REPORT WAS HIDDEN UNDERNEATH A NEWSPAPER, UM, AT 10, 10:30 AM ON THE 29TH OF OCTOBER AT THE DAILY GRIND.
AND THIS IS ALL, THIS IS ALL THEIR WORDS.
UM, AND SO, UM, YOU KNOW, THIS IS NOT SOMETHING I'M MANUFACTURING.
UM, YOU KNOW, I HAD NOTHING TO DO WITH THE REPORT.
UH, I HAD NO CONVERSATIONS WITH MS. HUBBARD.
I HAD NO CONVERSATIONS WITH MS. NELSON, UM, AND THAT'S FOR FULL DISCLOSURE.
UM, SO NO ONE CAN CLAIM SOME KIND OF RIGHT WING CONSPIRACY OR, OR MATT INVOLVED WITH THIS.
I HAD NOTHING TO DO WITH EXPOSING THIS, BUT HERE ARE THE UNDENIABLE FACTS, ACCORDING TO MS. HUBBARD AND MS. NELSON, UH, MR. MERCHANT AND YOUR PLANNING COMMISSION MEMBER, AND MR. MADE CONSPIRED TO LEAK A REPORT THAT WAS FULLY IDENTIFIED AS ATTORNEY, CLIENT PRIVILEGE.
YOU ALL KNOW THE REPORT I'M TALKING ABOUT AND, YOU KNOW, IT WAS MARKED ATTORNEY CLIENT PRIVILEGE.
UM, SO AFTER THEY CONSPIRED AS TO HOW TO DO THIS CLANDESTINE OPERATION, THEY EXCHANGED THE CODED MESSAGES.
[00:05:01]
MR. MAY WOULD KNOW THAT MR. MERCHANT HAD PLACED THIS CONFIDENTIAL REPORT UNDER NEWSPAPER AT THE DAILY GRIND AT 10 29, UM, AT 10:30 AM ON THE 29TH OF OCTOBER.UM, THIS, THIS OPERATION WAS ORCHESTRATED THIS WAY, ACCORDING TO, UM, THE STATEMENTS IN THE ARTICLE TO BYPASS FOYA BECAUSE THEY DIDN'T WANT TO HAVE IT.
UM, THEY KNEW THAT THEIR MESSAGES COULD BE FOIBLE.
UM, AND MR. MERCHANT, MR. MADE BOTTOM LINE IS THEY GOT CAUGHT AND THEY WERE EXPOSED BY TWO OF THEIR FRIENDS.
UM, THOSE ARE THE FACTS ACCORDING TO MS. HUBBARD AND MS. NELSON IN THIS ARTICLE.
UM, AN ADDITIONAL FACT THAT'S NOT IN THE ARTICLE IS, UH, THE TOWN ACTUALLY RELEASED THE REPORT IN DUE TIME ON THE 17TH.
I BELIEVE THE 17TH OF NOVEMBER, THE REPORT WAS ACTUALLY RELEASED.
UM, ONCE, UH, THE ATTORNEY I GUESS COULD MAKE SURE, UM, UH, CONFIDENTIALITY WAS KEPT WITHIN EMPLOYEES AND EMPLOYEES WEREN'T BEING UNFAIRLY ACCUSED, ET CETERA.
UM, THIS OPERATION NEVER EVEN NEEDED TO HAPPEN.
AND THAT'S, WHAT'S SO EMBARRASSING TO ME AS A CITIZEN OF FRONT ROYAL.
UM, NOW MR. MERCHANT, YOUR PLANNING COMMISSION MEMBER CAN, UH, HE CAN DENY, UM, WHAT'S IN THE ARTICLE, UM, WHERE HE CAN CLAIM THAT THE LADIES ARE, ARE MISREPRESENTING THE FACTS, UH, THAT'S UP TO HIM TO CHOOSE WHAT TO DO.
UM, BUT WHAT HE CAN'T DO AT THIS POINT, IN MY OPINION IS ATTEMPT TO CLAIM HE WAS SOME KIND OF HERO BY LEAKING THIS REPORT IN THIS WAY, OR CLAIM TO BE A VICTIM OR SOME KIND OF MARTYR.
UM, THESE WEREN'T THE ACTIONS OF ANY HEROES TO CONDUCT THEMSELVES IN THIS WAY.
UM, IF YOU, UM, IF MR. MERCHANT WAS SO DUTY BOUND THAT HE HAD TO GET THIS REPORT OUT, EVEN AGAINST THE ADVICE OF THE TOWN ATTORNEY, HE COULD HAVE SAT WHERE HE'S SITTING.
NOW HE COULD HAVE READ THE REPORT ON THE RECORD AND HE COULD HAVE TAKEN WHATEVER WOULD HAVE TAKEN, UM, FROM, FROM THE, FROM THE CITIZENS OR FROM THE LAW SPEAKING SIX MINUTES NOW.
I'M ALMOST DONE FEW MORE BULLETS.
UH, I'VE OUTLINED WHAT I BELIEVE TO BE THE FACTS.
NOW I'M GOING TO GIVE YOU MY OPINION.
I'M GOING TO GIVE YOU MY OPINION BASED UPON, UM, PREVIOUS STATEMENTS BASED UPON OBSERVATIONS, BASED UPON THIRD, THIRD PARTY, PEOPLE THAT HAVE COMMUNICATED TO ME, MS. HUBBARD STATED IN HERE THAT, UM, THAT SHE ALLUDED THAT THIS WAS POLITICALLY MANUFACTURED.
AGAIN, THOSE ARE HER WORDS, POLITICALLY MANUFACTURED.
IN MY OPINION, A POLITICAL NARRATIVE WAS CREATED THAT THE MAYOR AND THE TOWN MANAGER DID SOMETHING TRULY INAPPROPRIATE, BUT RATHER THAN UNDERSTANDING AND ACCEPTING A SIMPLE MISTAKE FROM THE PREVIOUS PLANNING DIRECTOR, NO, A NARRATIVE HAD TO CONTINUE AND BE DRIVEN HOME.
AND WHEN THE REPORT DIDN'T NAIL THE MAYOR AND MANAGER, IT HAD TO BE LEAKED TO CREATE POLITICAL DAMAGE REGARDLESS.
BUT EVEN MR. AS MR. MABE SAID, WHAT IF THE REPORT DIDN'T SAY WHAT IT NEEDED TO SAY, WHY? WELL, IT APPEARS IS THIS ARTICLE STATED, UM, TO BE USED AGAINST CHRIS HOLLOWAY IN HIS BID FOR REELECTION AND POSSIBLY HELP VOLT MADE.
SO WHY AM I HERE OTHER THAN STATING THE OBVIOUS, I WANT TO ASK MR. MERCHANT TO DO THE HONORABLE THING YOU GOT CAUGHT, YOU GOT EXPOSED.
UM, YOU'VE EMBARRASSED, OUR TOWN, THIS COMMISSION AND YOURSELF.
UM, MR. MERCHANT, THIS IS NOT PERSONAL.
UM, I, I, EVEN AS INTERIM TOWN MANAGER OR HIRED YOU AS A CONSULTANT IN THE PLANNING DEPARTMENT, I HAVE NOTHING PERSONAL AGAINST YOU.
UM, MR. JONES, AND YOU CAME TO MY OFFICE AND WERE VERY UPSET, UM, IN HOW I RIGHT SIZE THE PLANNING DEPARTMENT, UH, BOTH OF YOU WERE DISAPPOINTED IN HOW I HANDLED IT, UH, DISAPPOINTED IN THE LACK OF COMMUNICATION AND YOU GUYS WERE RIGHT, YOU AND MR. JONES WERE RIGHT AND I WAS WRONG.
AND I ADMITTED IT TO BOTH OF YOU THAT I WAS WRONG.
AND I APOLOGIZED AND SAID, I WOULD NEVER DO IT AGAIN.
UM, YOU REMEMBER THAT MEETING? I REMEMBER THAT THIS MEETING, WELL, UM, MR. MERCHANT, YOU MAY WANT TO CONSIDER FOLLOWING MY EXAMPLE, ADMIT WHAT YOU DID WAS WRONG.
APOLOGIZE TO THIS COMMISSION IN OUR TOWN FOR YOUR LACK OF JUDGMENT AND RESIGN YOUR OFFICE IMMEDIATELY TONIGHT.
UM, YOU'LL FIND YOUR CONFESSION AND RESIGNATION LIBERATING IN MY OPINION.
NOW, IF YOU DON'T RESIGN WITH ZERO DOUBT IN MY MIND, WHAT YOU DID WAS A TEXTBOOK EXAMPLE OF MALFEASANCE IN OFFICE.
THERE'S TWO AG OPINIONS, A COURT CASE TINGLER VS GREYSTONE HOMES, INC.
AND THE CODE OF VIRGINIA ARE VERY CLEAR WITH NO DOUBT IN MY MIND, WHAT YOU DID WAS QUASI CRIMINAL, ACCORDING TO CODE, AND THE LAWSUIT CAN BE FILED AGAINST YOU FOR MALFEASANCE, BUT THE PROOF MUST BE CLEAR AND CONVINCING EVIDENCE.
I'D SAY WHAT I HAVE READ TONIGHT AND THE OTHER INFORMATION THAT'S OUT THERE, THERE'S CLEAR AND CONVINCING EVIDENCE.
MR. MERCHANT, I'M ASKING YOU AS A PRIVATE CITIZEN OF THIS TOWN, UM, TO JUST DO THE HONORABLE THING HERE, ADMIT YOU'RE WRONG, DOING AND RESIGN.
I KNOW I TOOK LONGER THAN EXPECTED.
[00:10:01]
UM, IT'S A SERIOUS MATTER TO ME AND, BUT I WOULD LIKE TO THANK ALL OF YOU FOR YOUR VOLUNTEERISM.UM, HAVE A MERRY CHRISTMAS AND A HAPPY NEW YEAR.
AND MR. TJ, WHAT MADE YOU BRING THIS UP? WHAT MADE ME BRING THIS UP? I JUST OUTLINED WHAT MADE ME BRING IT UP.
I THINK THIS WAS A POLITICALLY MOTIVATED INITIATIVE BY MR. MERCHANT AND MR. MERCHANT LEAKING THIS REPORT IN THE MANNER HE DID WAS HORRIBLY DISHONORABLE IN MY OPINION.
SO THAT'S WHY I BROUGHT IT UP.
I MEAN, THERE'S VERY, VERY SIMPLE.
I CAN GO THROUGH AND I CAN TALK MORE IF YOU'D LIKE.
I'M STILL TRYING TO FIGURE OUT, UH, WHAT IS THE MOTIVATION BEHIND THIS? DID YOU WISH TO SPEAK TO MR. MERCHANT? OKAY.
DOES ANYBODY ELSE WISH TO RESPOND TO THE PUBLIC COMMENT? I, UH, I, I DON'T KNOW THOSE TWO WOMEN, EXCEPT THEY SHOWED UP HERE AT THE MEETING IN AN ADVANCED STATE OF INTOXICATION ONE NIGHT AND THE NIGHT THAT THAT STORY WAS WRITTEN, BUT THAT IS ALL I KNOW ABOUT IT.
UH, SO WHETHER YOU SEEM TO TAKE THEM AS GOSPEL, UH, THAT MIGHT BE SUBJECT TO DOUBT IN SOME QUARTERS.
THIS IS, WE HAVE A REGULAR AGENDA THAT WE MUST FOLLOW.
WE HAVE ACTUAL BUSINESS TO ATTEND TO HERE.
UM, WHICH IS THE FIRST ORDER OF BUSINESS IS THE MINUTES.
UM, DOES ANYBODY HAVE ANY, UH, POINTS TO MAKE ON THE MINUTES IF NOBODY ELSE DOES? I WOULD LIKE TO CALL ATTENTION TO PAGE FOUR, THE THIRD PARAGRAPH, UH, THE APPLICANT, CHRIS HOLLOWAY.
HE, HIS WAS AWARE THAT HIS SHOULD BE HE WHERE, I'M SORRY.
WHERE IS THAT PAGE FOUR, THE THIRD PARAGRAPH, THE ONE THAT BEGINS THE APPLICANT, CHRIS HOLLOWAY AND ACKNOWLEDGED.
AND THAT NEXT WORD SHOULD BE HE RATHER THAN HIS, AND THEN FOUR LINES DOWN ON STEEL AVENUE.
HE MADE 40 LOTS AND I BELIEVE THAT SHOULD BE FOUR.
ANY OTHER CHANGES OR CORRECTIONS? IF NOT.
SO I HEAR A MOTION TO ACCEPT THE AGENDA.
[IV. MINUTES]
I MEAN, THE MINUTES, THE MINUTES I MOVE TO APPROVE THE MINUTES OF THE PLANNING COMMISSION, SEPTEMBER 15TH, 2021 AS AMENDED BY VICE CHAIRMAN.MARCIA, IS THERE A SECOND, SECOND WITH YOU ALL IN FAVOR, PLEASE SIGNIFY BY SAYING AYE.
[V. PUBLIC HEARING]
THE NEXT ITEM OF BUSINESS IS THE PUBLIC HEARING, UH, SEEING NO MEMBERS OF THE PUBLIC PRESENT TO HEAR ABOUT, TO SPEAK ON THIS PUBLIC HEARING.THIS IS ON THE F R Z O R D M 29, 76, 20 21 IN ORDINANCE AMENDMENT TO TOWN CODE CHAPTER 1 75 ZONING PURSUANT TO THE ACTION BY THE FRONT ROYAL TOWN COUNCIL ON NOVEMBER 22ND, 2021 TO PERMIT SHORT-TERM RENTALS IN THE TOWN OF FRONT ROW.
THE PROPOSED AMENDMENT DEFINES SHORT-TERM RENTAL AND OUTLINES THE CONDITIONS AND STANDARDS FOR STAFF AND COUNCIL TO USE WHEN DETERMINING THE APPROPRIATENESS OF AN APPLICATION FOR A SHORT-TERM RENTAL.
UH, WE HAD A WORK SESSION ON THIS AND IS THERE A DISCUSSION WE NEED TO OPEN PUBLIC HEARING? OH, SORRY.
THE PUBLIC HEARING PUBLIC HEARING IS OPEN.
IT SHOULD BE NOTED THAT THIS CAME TO US AT THE REQUEST OF THE TOWN COUNCIL WHO ASKED THE COUNCILS TO REFER TO US RECOMMENDATIONS ON THE SUBJECT.
DO YOU WISH TO SPEAK TO A PLANNING DIRECTOR, LAUREN? OH, SINCE THERE'S NO PUBLIC HERE, WE SHOULD CLOSE THE PUBLIC HEARING.
SO WHAT I HAVE SUBMITTED OR HAVE BEFORE YOU TONIGHT ARE THE, UM, IT'S THE SAME ORDINANCE THAT WE LOOKED AT THE WORK SESSION, BUT THERE WERE A FEW TEXTS CHANGES THAT STAFF OR SORRY THAT, UM, THE COMMISSION HAD ASKED ME TO MAKE.
[00:15:01]
THERE WERE A FEW, UH, PUNCTUATION ERRORS.AND THEN ON, UM, LETTER I, WHERE WE HAD, UM, INITIALLY WHERE I HAD INITIALLY STATED RECEIVE A RECOMMENDATION OF APPROVAL OR DENIAL FROM THE HOA, IT JUST STATES APPROVAL NOW.
AND THEN O HAS BEEN ADDED WHERE WE ARE GOING TO REQUIRE THAT THE APPLICANTS, UM, OBTAIN A BUSINESS LICENSE PRIOR TO OPERATING THEIR, UM, HOME AS A SHORT-TERM RENTAL COMMENTS OR QUESTIONS FROM MEMBERS I'VE QUESTIONED.
SO IN THE DEFINITIONS WE REFER TO SHORT-TERM RENTAL AND WE ACTUALLY HAVE TWO DEFINITIONS LISTED THERE.
UH, THE FIRST AND THE FOURTH ARE BOTH SHORT TERM RENTAL.
UH, AND THEN IN 1 75, 1 51, WE ADD SHORT TERM SHORT TERM TOURIST RENTAL.
I WOULD, UH, REC I RECOMMEND WE STRIKE TOURIST UNLESS THERE'S A REASON THAT WE ADDED IT IN.
UH, I WOULD ALSO THEN STRIKE IT IN THE NEXT, IN THAT FIRST SENTENCE, FOLLOWING THAT READ SHORT TERM SHORT TERM, TOURIST RENTALS SHALL BE PERMITTED.
I WOULD STRIKE TOURIST THERE AS WELL.
UH, AND ACTUALLY, I GUESS JUST READING THROUGH ALL OF IT, I WOULD STRIKE TOURIST WHERE IT OCCURS UNLESS STAFF, UH, INCLUDED TOURIST FOR A PARTICULAR REASON.
I'VE SEEN THE NAME, UM, WRITTEN BOTH WAYS, BUT I'M FINE WITH TAKING TOURIST OUT.
IT WAS JUST, UH, I DIDN'T CATCH THAT.
COULD I RETURN TO YOU SPEAK TO THAT QUESTION? OKAY.
UM, VICE CHAIRMAN, UM, I HAVE NOT TAKEN A LOOK AT THAT.
UM, SO MY ADVICE AT THIS POINT WOULD BE TO LEAVE IT IN AND, AND, UH, SEND IT, UH, ONTO COUNCIL AS IS, AND IT WILL, THAT ISSUE CAN BE VETTED BETWEEN NOW AND THEN, BUT BETWEEN NOW AND FINAL ADOPTION.
UM, I'M, I'M JUST SIMPLY NOT PREPARED TO OPINE ON THAT RIGHT AT THIS MOMENT.
I, IT DIDN'T, IT WASN'T BROUGHT TO MY ATTENTION.
SO IN THE DEFINITIONS WE REFER TO SHORT-TERM RENTAL FACILITY AND THEN IN 1 75, 1 51 A, WE TALK ABOUT THE SHORT TERM, SHORT TERM RENTAL OWNER OF A DWELLING UNIT.
UM, I THINK INSTEAD OF A DWELLING UNIT, WE SHOULD REFER BACK TO A SHORT TERM RENTAL FACILITY.
UH, OTHERWISE I DON'T KNOW WHY WE ARE DEFINING WHAT A SHORT TERM RENTAL FACILITY IS.
UM, I'VE GOT A COUPLE MORE COMMENTS TOO.
UH, SO IN 1 75, 1 51, UM, IN THE FIRST SENTENCE, UM, WE SAY BY SPECIAL USE PERMIT IN SHALL MEET THE FOLLOWING REQUIREMENTS I WOULD INCLUDE IN SHALL AT A MINIMUM MEET THE FOLLOWING REQUIREMENTS.
SO SHORT-TERM RENTAL FACILITY, WE MENTIONED A BUILDING OR ACCESSORY STRUCTURE.
UM, WHAT ABOUT IF SOMEBODY IS RENTING A ROOM IN THEIR HOUSE? IS THAT
[00:20:01]
COVERED? UM, BY SAYING A BUILDING, MAYBE, MAYBE IT DOES BECAUSE IT'S A ROOM IN A BUILDING, BUT I DON'T KNOW IF ANYBODY HAS AN OPINION ON THAT.MR. SONNET, DO YOU HAVE ANY OPINION ON THAT? YEAH, WELL, UH, YES, MADAM CHAIRMAN, I'M NOT QUITE CLEAR ON THE ISSUE.
IS, DOES IT HAVE TO DO WITH THE DEFINITION OF SHORT-TERM RENTAL FACILITY? YEAH.
SO IN SHORT TERM RENTAL FACILITY, WE ARE SAYING A BUILDING OR ACCESSORY STRUCTURE WHERE LODGING IS PROVIDED.
MY COMMENT WOULD BE, I THINK THE RENT, I THINK THE FACILITY, I THINK THE FACILITY IS REFERRING TO THE STRUCTURE AS OPPOSED TO, UH, W WHAT PROVIDES THE, UM, THE LODGING OR THE, WHAT, WHAT IT, WHAT SPACE WITHIN THAT STRUCTURE PROVIDES THE SLEEPING DWELLING OR LODGING? YEAH.
WHEN I WAS CONFUSED, I APOLOGIZE, BUT YOU DO WISH TO, UH, REMOVE THE WORD TOURIST, UM, THROUGHOUT THE DOCUMENT.
AND YOU WISH TO INSERT, UH, AT THE PRO YOU TO 1 75, 1 51 SHELL AT A MINIMUM MEET THE FOLLOWING REQUIREMENTS, CORRECT.
AND WANT TO INSERT AT A MINIMUM.
UM, AND THEN OUR SHORT-TERM RENTAL DEFINITION.
WE, WE ONLY NEED ONE, SO I DON'T KNOW IF WE CAN COMBINE THEM OR, UM, IF WE WANT TO KEEP ONE AND CUT THE OTHER, YOU KNOW, THAT YOU'RE REFERRING TO THE SECOND PARAGRAPH AT THE TOP OF THE PAGE.
AND A, AND YOU'RE SAYING THAT THEY, NO, I'M SAYING I'M AT THE TOP OF THE PAGE.
WE HAVE SHORT TERM RENTAL MEANS THE PROVISION OF A ROOM OR SPACE.
AND THEN THE FOURTH DEFINITION WE HAVE SHORT-TERM RENTAL, ANY RESIDENTIAL USE THAT FALLS WITHIN THE DEFINITION, WE CAN COMBINE THOSE.
IN 1 75, 1 51 D COULD WE CAPITALIZE, HOWEVER, IN THE SECOND SENTENCE AND THEN A QUESTION ON I, SO IF WE'RE SAYING THAT THE PLANNING DEPARTMENT MUST RECEIVE A RECOMMENDATION OF APPROVAL, WHAT HAPPENS IF THEY DON'T? SO THAT WOULD BE, UM, AT THE DISCRETION OF COUNCIL, WHETHER OR NOT THEY WOULD WANT TO APPROVE THIS WITHOUT THE BLESSING OF THE LOCAL HOA.
SO, SO I THINK WE SHOULD EITHER STRIKE I, OR I, I DON'T KNOW WHAT THE POINT OF I IS.
IF YOU KNOW, WE, WE MUST RECEIVE, UH, A RECOMMENDATION, BUT WE TALKED ABOUT THIS LAST TIME.
THIS WAS JUST THE ORDER TO KEEP A HEADACHE WILL S FROM THE RESIDENTS OF THE, UH, OF THE HOA, SO THAT THEY'RE NOT COMING IN HERE THROWING A FIT, YOU KNOW, SAYING SOMEONE GETS THERE, OR IT JUST, IT'S MORE LIKE A FORMALITY.
BUT IF, IF COUNCIL HAS THE ABILITY TO APPROVE IT, REGARDLESS OF IF THE HOA IS IN FAVOR OR SAY THE HOA DOESN'T SUBMIT A LETTER, THEY JUST REFUSE TO, DOES THAT KILL THE APPLICATION? IF WE KEEP, I N IT WOULD ALLOW THE, IT WOULD MAKE SURE THAT THE OPERATOR KNOWS THAT THEY MAY BE IN VIOLATION OF THEIR HOA.
IT WAS JUST MORE LIKE A FORMALITY TO KEEP.
AND WE COULD CHANGE THE LANGUAGE TO STATE THAT IF THE PROPERTY IS LOCATED WITHIN A SUBDIVISION GOVERNED BY A HOMEOWNERS ASSOCIATION, WRITTEN APPROVAL FROM THE HOA BOARD TO OPERATE, THE SHORT-TERM RENTAL SHALL BE PROVIDED, WE CAN MAKE IT.
BUT MY QUESTION IS WHAT HAPPENS IF, IF THAT DOESN'T, BECAUSE WE ARE SAYING THAT THESE ARE THE MINIMUM REQUIREMENTS OF A SPECIAL USE PERMIT.
AND SO IF THEY CAN'T CHECK THAT BOX, THEY SHOULD NOT GET A SPECIAL USE PERMIT, BUT IS THE HOS DISPLEASURE ENOUGH TO, I UNDERSTAND THAT THE HOA WOULD TAKE PRECEDENT OVER, YOU KNOW, THEIR ABILITY TO GET A SPECIAL USE PERMIT THAT
[00:25:01]
H Y STILL DOESN'T ALLOW FOR IT IN THE NEIGHBORHOOD, BUT DOES THE HOA HAVE ANYTHING TO DO WITH THE TOWN? AND I DON'T BELIEVE IT DOES.UM, SO HOA, UH, UM, HOMEOWNERS ASSOCIATIONS, UH, OFTEN DEAL WITH ENFORCEMENT OF COVENANTS THAT ARE OF RECORD AND TIED TO THE PROPERTY.
THOSE ARE CONTRACTUAL RIGHTS AMONGST THE VARIOUS OWNERS WITH, WITHIN A GIVEN SUBDIVISION.
THAT IS, THAT IS NOT ZONING, CORRECT.
SO IN ONE SENSE, THEY'RE MUTUALLY EXCLUSIVE ON THE OTHER HAND, UH, I THINK IT WOULD BE IN THE TOWN'S INTEREST TO NOT GET, FIND THE TOWN IN BETWEEN, UH, THE APPLICANT AND THE HOMEOWNERS ASSOCIATION.
SO, UM, UH, SO I GUESS TO ANSWER THE QUESTION, IN MY OPINION, UH, UM, THE CONDITIONAL USE PERMIT COULD BE APPROVED EVEN WITH THE LACK OF, UH, APPROVAL BY THE HOMEOWNER BOARD, BUT IT DOES, UM, IT DOES BRING IT TO THE ATTENTION OF THE APPLICANT THAT THEY MAY HAVE, UH, THAT THEY MAY FIND THEMSELVES, UH, IN, UH, IN A ENFORCEMENT ACTION WITH RESPECT TO THEIR HOMEOWNERS ASSOCIATION.
BUT I THINK VIOLATING THEIR COVENANTS BY PUTTING THIS INTO OUR, UH, ZONING CODE, YOU HAD HALF AN APPLICANT WOULD HAVE TO MEET THIS REQUIREMENT IN ORDER TO GET A SPECIAL USE PERMIT, BECAUSE WE ARE SETTING THE MINIMUM.
SO WE SEE ON COUNCIL, CAN'T BE LESS RESTRICTIVE THAN THE CODE ALLOWS.
THEY COULD BE MORE RESTRICTIVE.
THEY COULD, THEY COULD COME WITH ADDITIONAL CRITERIA, BUT THEY CAN'T WAVE A PR UM, A LETTER OF RECOMMENDATION FROM THEIR HOA.
I THINK THAT'S A POINT WELL TAKEN, UH, AN ALTERNATIVE WOULD BE THAT THE APPLICANT PROVIDE, UH, EVIDENCE THAT THEY'VE GIVEN MAYBE CERTIFIED WRITTEN NOTICE TO THE HOMEOWNERS ASSOCIATION, SOMETHING ALONG THOSE LINES.
THEREFORE IT DOESN'T PIVOT ON APPROVAL, SO TO SPEAK.
BUT IT'S MORE DRIVEN BY NOTICE.
I THINK THE WAY THAT I READ CURRENTLY DOES PUT THE TOWN IN THE MIDDLE.
AND I DON'T WANT THAT EITHER, BECAUSE THAT WOULD ALSO ALLOW A HOMEOWNERS ASSOCIATION TO JUST REFUSE TO SEND A LETTER, REGARDLESS OF WHAT THEIR COVENANT SAY.
IS IT THE JOB OF THE PLANNING COMMISSION TO MAKE SURE THAT HOMEOWNERS COMMUNICATE WITH ? I MEAN, BECAUSE IT'S THE REASON FOR THIS? I THINK THE INTENT, I THINK THIS IS GOING TO BE MORE OF AN EXCEPTION TO THE RULE.
I MEAN, UNLESS I THINK THIS HAPPENS REPEATEDLY IN THE COUNTY, SO I WOULD IMAGINE IT WOULD BE SIMILAR IN THE TEMP BUT NO, I WOULD AGREE THAT IT'S NOT NECESSARILY THE TOWN'S RESPONSIBILITY TO MAKE SURE THE HOMEOWNERS COMMUNICATING, BUT THE INTENT, AS I UNDERSTAND FOR THIS IS THAT WE WANT TO MAKE SURE APPLICANTS ARE AWARE THAT THEY COULD BE IN VIOLATION OF THEIR CONFIDENCE.
SO IT'S KIND OF TRYING TO GIVE THEM A WARNING, GET THE APPLICANT IF THEY LIVE IN HOA, CAN WE JUST HAVE THEM? AND I THINK IT'S KIND OF LIKE AN AFFIDAVIT OR SOMETHING INSIDE OR SOMETHING FROM A NOTARY OR SOMETHING ALONG THOSE LINES TO SAY, HEY, WE KNOW WE ARE AWARE OF COVENANTS IN REGARDS TO THIS IN REGARDS TO THIS, UM, A SPECIAL USE PERMIT APPLICATION FOR THE TOWN OF FRONT ROYAL, SOMETHING ALONG THOSE LINES, BECAUSE WE'RE STILL PUTTING OUR, BY PUTTING THIS IN CODE, NO MATTER WHAT WE SAY WOULD STILL PART OF OUR CODE.
SO WE'RE ALREADY ADDRESSING IT BY EVEN SAYING THIS THIS MUCH, BUT I AGREE.
THE IDEA IS TO TRY TO KEEP A HEADACHE FROM THE TOWN AND GET IN THE MIDDLE OF A BATTLE BETWEEN A HOMEOWNER AND AN HOA.
PERSONALLY, I THINK THAT I'D LIKE TO THINK THAT A HOMEOWNER WOULD HAVE ENOUGH SENSE IF THEY'RE GOING TO GO FOR
[00:30:01]
AN APPLICATION FOR THAT TO TALK TO THEIR HOA, UM, IN THE FIRST PLACE.BUT IN ORDER, YOU KNOW, I AGREE WITH COMMISSIONER GORDON THAT I DON'T THINK THE TOWN SHOULD BE MAYBE ADDING THAT REQUIREMENT FOR A RECOMMENDATION OF APPROVAL, BUT I DO BELIEVE THAT THERE SHOULD BE SOME SORT OF WAY, WHETHER IT BE THROUGH A I NOTARIZED LETTER OR CERTIFIED LETTER OF NOTARY NOTARY, SOME SORT, AND THAT WAY YOU COULD JUST GO ON RECORD AND, YOU KNOW, THAT PUTS THE ONUS ON THE, ON THE APPLICANT STILL, AND NOT SO MUCH, NOT, NOT THE TOWN FOR, FOR, UH, GETTING IN THE MIDDLE OF THAT WITH THE HOA.
SO THAT'S, IT IS THE TURN GOING TO BE ABLE TO STAY OUT OF IT BECAUSE THERE'S GOING TO BE A CHECKLIST.
THEY'RE GOING TO BE DEADLINE APPLICATIONS.
AND WHAT IF THE HOMEOWNER HASN'T GOTTEN HIS CERTIFIED LETTER? I MEAN, I THINK PUTS US, PUTS THE CHILD IN THE MIDDLE OF HAVING THE POLICE RELATIONSHIP BETWEEN THE HOMEOWNER AND THE HOA.
WELL, JUST BY PUTTING IT IN THERE, BUS, WELL MENTIONING IT, IT DOES, AND IT'S GOING AWAY.
WHAT, WHAT COMMISSIONER, WHAT WAS SAYING ABOUT STRIKING IT ALTOGETHER? BUT AT THE SAME TIME, I UNDERSTAND THAT THE POSSIBLE LEGAL COMPLICATIONS OF IT AS TO WHERE SOMEBODY COULD APPLY AND THEN THEIR HOA SAYS NO, AND THEY GO BACK TO THE HOA AND SAID, WELL, THE TOWN SAYS WE CAN, YOU KNOW, BUT ULTIMATELY AGAIN, SINCE THERE WAS A SEPARATION OF THE COVENANTS OF THE HOA AND WHAT W WHAT OUR ORDINANCES ARE, YOU KNOW, UH, IT REALLY, IT'S A MOOT POINT.
I MEAN, I THINK THAT IF, IF, IF THE TOWN, IF, IF THEY'RE OPERATING AGAINST THE HOA, THEY'RE GOING TO GET BUSTED EVENTUALLY ANYWAYS.
SO I THINK THAT JUST BY HAVING THE APPLICANTS SUBMIT SOMETHING THAT THEY NOTIFIED, AND IT'S JUST A BOX THAT WE CAN CHECK TO SAY, YOU KNOW, A CERTIFIED LETTER SAYING, AND THEN CHECK THE BOX, THEN WHAT DO WE DO? WE CAN ASK FOR THE CERTIFIED MAIL RECEIPT.
THAT'S ALL JUST ASK YOU, DON'T GET ONE THEN.
AND THE APPLICATION IS NOT COMPLETE.
AND WHAT THAT DOES IS THAT DOESN'T GET INTO ANY THAT CHECKS THE BOX FOR THE, FOR THE SAKE OF SAVING A HEADACHE, BUT ALSO TO IT, UH, IT D DOESN'T GET THE TOWN INVOLVED IN AN ARGUMENT SO THAT WE CAN SAY, WELL, YOU KNOW, YOU SENT YOU, YOU SAID YOU NOTIFIED YOUR HOA.
THAT'S, THAT'S ALL WE, THAT'S ALL WE ASK JUST AS A CORRECT.
CAUSE TO ME, THIS IS A MORE, A COURTESY AND A HEADACHE AVOIDANCE BY HAVING IT IN THERE.
I'M GLAD COMMISSIONER GORDON BROUGHT HIS POINT ABOUT, YOU KNOW, GETTING, TRY TO KEEP IT DOWN IN THE MIDDLE OF IT.
AND I AGREE, BUT I THINK JUST SOMETHING ALONG THE LINES OF ASSERT A CERTIFIED NOTIFICATION OF SOME SORT.
SO THERE'S GOING TO BE NEW LANGUAGE THAT WE LOOKED AT AGAIN ABOUT CERTIFIED NOTIFICATION.
FURTHER COMMENTS AND DISCUSSION.
AND THIS IS JUST A QUICK, AND I'VE MENTIONED IT BEFORE.
I KNOW I PROBABLY SOUND LIKE A BROKEN RECORD, UM, WHEN IT COMES TO LIKE THE FIRE EXTINGUISHER REQUIREMENT, WE'RE HERE AND TRYING TO F HAS THERE BEEN ANY DISCUSSION WITH ANYBODY FROM THE, UH, FROM FIREWORKS? I HAD A MEETING WITH JERRY MARIKO ABOUT JUST, YOU KNOW, THE BUILDING INSPECTIONS DEPARTMENT IN GENERAL.
UM, AND WE BRIEFLY DISCUSSED THIS, SO, UH, BUT STAFF WILL BE CONDUCTING THE, UM, THE INSPECTIONS AND THE, UM, FIRE MARSHALL HAS PROVIDED A CHECKLIST THAT HE CREATED FOR WARREN COUNTY.
SO WE WILL BE ADOPTING THAT FOR OURSELVES.
UM, THAT ACTUALLY RAISES A QUESTION FOR ME.
SO IN REGARDS TO F UH, WE REFER TO THE UNIFORM STATEWIDE BUILDING CODE, BUT WE DON'T MENTION A YEAR.
SHOULD WE INCLUDE, UM, THE LATEST VERSION OF THE UNIFIED STATEWIDE BUILDING CODE OR, OR REFERENCE YEAH.
CURRENT OR, OR REFERENCE WHATEVER THE INSPECTIONS DEPARTMENT IS USING.
ANYTHING ELSE MR. MURPHY, MADAM CHAIR.
UM, MY CONCERN WITH THE SHORT-TERM RENTALS, UH, DEAL SPECIFICALLY WITH THE ZONE, UH, CURRENTLY THE ORDINANCE IS WRITTEN THAT SHORT-TERM RENTALS ARE PERMITTED AND ALL ZONING DISTRICTS, UM, WHERE THIS WILL BE
[00:35:01]
ADDING A RESIDENTIAL COMPONENT TO INDUSTRIAL PROPERTY, TO, UH, YOU KNOW, HI TO I ONE PROPERTIES, WHICH, UH, I'M NOT SURE AS APPROPRIATE.UM, AND AS FOR RESIDENTIAL PROPERTIES, THEY ARE ONE SPECIFICALLY, IT IS ADDING A MULTIFAMILY, UM, COMPONENT TO A SINGLE FAMILY, UH, DEVELOPMENT, UH, FROM WHAT I'VE UNDERSTAND REGARDING SHORT-TERM RENTALS.
UM, I'M NOT SURE IT, IT CREATES THE COMMUNITY ATMOSPHERE THAT WE'RE LOOKING FOR, UH, IN OUR RESIDENTIAL NEIGHBORHOODS.
I'M CERTAINLY NOT OPPOSED TO SHORT-TERM RENTALS WHERE IT'S APPROPRIATE.
UH, I JUST QUESTIONED AS TO WHETHER, UM, UH, R ONE R TWO AND R THREE, UH, PROPERTIES, UM, COULD BE SUBJECT TO ABUSE UNDER OUR, THE SHORT-TERM RENTAL ORDINANCE.
UM, UH, ONE THING I WOULD LIKE TO POINT OUT EVERYBODY ASSUMES THAT, UM, UH, SHORT-TERM RENTALS WILL BE HANDLED THROUGH AIRBNB AND VRBO, WHICH HAS A, UM, A RATING SYSTEM, AS WELL AS A, UH, YOU KNOW, CONSUMER, UH, PORTAL TO BE ABLE TO COMMENT WHETHER THEY HAD A GOOD EXPERIENCE OR NOT.
UM, THERE IS NOTHING IN HERE THAT SAYS A SHORT-TERM RENTAL HAS TO GO THROUGH AIRBNB OR VRBO OR ANY OTHER FACILITY.
SO A PROPERTY OWNER COULD UNDER THE GUISE OF THIS, HAVE A FIVE-BEDROOM HOUSE, AND THEY'RE RADICALLY RENT FIVE BEDROOMS OUT ON A MONTHLY BASIS TO FIVE DIFFERENT FAMILIES OR FIVE DIFFERENT GROUPS OF PEOPLE, AS LONG AS I DID NOT, UH, CONSIST OF MORE THAN TWO PEOPLE.
AGAIN, I'M NOT OPPOSED TO SHORT-TERM RENTALS.
I THINK THERE ARE ACTIVE, UM, OR, OR VERY A GOOD ITEM TO HAVE FOR OUR TOURISM PROGRAM, BUT I THINK THERE ARE AREAS THAT IT IS NOT APPROPRIATE.
DO YOU HAVE ANY SUGGESTIONS TO AMEND THIS LANGUAGE IN FRONT OF US THAT WOULD ADDRESS YOUR I'M NOT A BIG FAN OF MODIFYING DOCUMENTS DURING A REGULAR MEETING? THAT'S WHAT WE WORK SESSIONS FOR.
I WOULDN'T MIND TAKING THIS BACK TO IT, BUT, UH, THAT'S NOT MY CALL.
ANYBODY ELSE? COMMENTS DID STAFF WAS TO SPEAK.
UM, WELL THIS HAS BEEN DISCUSSED.
UM, IS THERE A MOTION AS TO WHAT WE DO? WE HAVE THE OPTION OF PASSING IT, REJECTING IT, OR TABLING IT, OR PUTTING IT OFF TO A BURKE FISHING.
DOES ANYBODY WISH TO MAKE A NOTE MOTION TO TAKE IT THE NEXT STEP, MR. WARDEN, I SEE YOU REACH FOR YOUR MIC.
UM, I MOVE THAT WE APPROVE F R Z R D A M 2 9 7 6 2 0 2 1.
UH, WITH THE CHANGES DISCUSSED HERE, INCLUDING COMBINING SHORT TERM TO SHORT-TERM RENTAL DEFINITIONS, STRIKING THE WORD TOURIST THROUGHOUT ADDING AT A MINIMUM TO THE FIRST SENTENCE OF 1 75, 1 51, UH, SO THAT IT WOULD READ SHORT, A SPECIAL USE PERMIT AND SHALL AT A MINIMUM MEET THE FOLLOWING REQUIREMENTS, UH, STAFF TO ADDRESS WHICH VERSION OF THE UNIFORM STATEWIDE BUILDING CODE IS TO BE USED, MODIFY THE LANGUAGE OF I FOR NOTIFICATION TO BE SENT TO THE HOA, UH, OR, UH, AN ACKNOWLEDGEMENT OF COVENANTS IN PLACE IN LIEU OF APPROVAL FROM THE HOA AND CAPITALIZING THE WORD.
HOWEVER, IN D OF 1 75, 1 51 TO BEGIN THE SECOND SENTENCE.
DID YOU MENTION THE BUSINESS CODE? THE BUILDING CODE? YES.
IS THERE A SECOND TO THAT MOTION? A SECOND.
UH, I THINK WE HAVE HAD AN EXTENSIVE DISCUSSION, UM,
[00:40:01]
UH, WOULD, UM, IN VIEW OF THE CONCERNS EXPRESSED BY ANOTHER MEMBER OF THE COMMISSION, UH, WOULD YOU BE WILLING TO, WOULD YOU BE OPEN TO TABLING IT UNTIL ANOTHER WORK SESSION COULD TAKE PLACE WHERE THE AMENDED LANGUAGE IS REVIEWED AND THE ISSUES RAISED OR FURTHER DISCUSSED? UH, I THINK WE WOULD HAVE TO VOTE ON THE MOTION ON THE FLOOR, RIGHT.SOMEBODY COULD MAKE, I THINK SOMEBODY COULD MAKE A MOTION TO TABLE THE MOTION ON THE FLOOR, WHICH WE HAVE A VOTE ON THAT.
WELL, I'LL MAKE A MOTION TO TABLE THE MOTION ON THE FLOOR IF THAT'S AN ORDER AT THIS POINT.
WE HAVE AN AMENDMENT TO THE MOTION.
SO, SO NOW WE VOTE ON THE AMENDMENT.
IF I MAY, MADAM CHAIR, I, I PREFER THE LANGUAGE.
IF THE INTENTION IS TO PUT IT OFF TO ANOTHER DATE, I PREFER POSTPONE TO THE NEXT REGULAR MEETING, FOR EXAMPLE, OR A DATE, CERTAIN RATHER THAN JUST A GENERAL TABLING, UH, UM, THE EFFECT OF TABLING.
AND MAYBE THAT IS THE INTENT WOULD BE PRETTY MUCH TO JUST END THE MATTER WITHOUT ANY.
I WILL, CAN I AMEND BY AMENDMENTS OF POSTPONED TO READ POSTPONED? SO MS. CONNIE, CAN YOU READ THE AMENDMENT TO THE AMENDMENT THAT WE'RE ABOUT TO VOTE ON, PLEASE? NO MINE.
COMMISSIONER MARSH OR MOVE TO POSTPONE, UH, FURTHER CONSIDERATION OF MR. GORDON'S AMENDMENT CONSIDERATION OF THE WORDING, UH, DISCUSSED AT THE MEETING TONIGHT.
AND IF I MAY, A DATE SHOULD BE SPECIFIED POSTPONE TO A DATE OR TO THE NEXT REGULAR MEETING, FOR EXAMPLE, THE NEXT WORK SESSION, WHICH HAS YET TO BE SCHEDULED, BUT WE CAN SCHEDULE THAT BEFORE THE END OF THE MEETING.
I THINK WE WOULD POSTPONE UNTIL THE NEXT REGULAR MEETING.
AND THEN WE COULD BRING IT UP IN A WORK SESSION.
WE SHOULD SCHEDULE A WORK SESSION AFTER THE NEXT MEETING.
UH, I MOVED TO AMEND THE MOTION ON THE FLOOR, UM, TO POSTPONE THE QUESTION UNTIL THE JANUARY 19TH, REGULAR SCHEDULE MEETING.
SO THEN WE NEED TO VOTE ON THE AMENDMENT TO THE AMENDMENT, RIGHT? OKAY.
WE'RE VOTING ON THE AMENDMENT TO THE AMENDMENT.
NOW YOU THINK, WE THINK WE WERE IN CONGRESS OR SOMETHING? COMMISSIONER INGRAM? YES.
SO WE'VE VOTED ON THE AMENDMENT.
WE DON'T NEED, DO WE NEED TO, SINCE WE VOTED TO POSTPONE IT, DO WE NEED TO VOTE ON THE ORIGINAL MOTION THAT WE WOULD VOTE ON THE MOTION TO POSTPONE IT? THAT'S WHAT I THOUGHT.
SO THAT IS, THAT IS THE END OF MATTER.
WE HAVE VOTED RIGHT NOW TO CHANGE YOUR MOTION TO POSTPONE TO THE 19TH.
SO NOW WE NEED TO VOTE ON THE MOTION THAT NOW IS TO POSTPONE.
AND WHAT WAS THE FIRST WORLD CALL? I'M SORRY TO ADD THE DATE AND TO STATE POSTPONED RATHER THAN TABLE COMMISSIONER INGRAM.
COMMISSIONER GORDON, VICE CHAIRMAN.
THE TOPIC ON THE AGENDA IS WE MOVE ON ON THE AGENDA TO THE CONSENT AGENDA.
THERE IS NOTHING ON THE AGENDA.
PARDON ME, BEFORE YOU START YOUR NEXT ORDER OF BUSINESS.
UM, I JUST RECEIVED SEVERAL CALLS THAT YOU'VE SAID THAT YOU SAW ME HIGHLY INTOXICATED AT THIS MEETING.
MA'AM YOU HAVE NEVER SEEN ME HIGHLY INTOXICATED, AND I'M GOING TO CLEAN BECAUSE YOU JUST SLANDERED ME ON PUBLIC TELEVISION AND SAID, YOU SAW ME SOMEWHERE INTOXICATED, AND YOU HAVE NEVER SEEN ME INTOXICATED A DAY IN MY LIFE.
AND DARYL, YOU ALLOWED THIS WOMAN TO MALIGN MY CHARACTER PER TIP
[00:45:01]
PROTECTS YOU.AND I CAN MOST CERTAINLY GET MY CALL LOGS AND PROVE THAT YOU DID INDEED CALL ME.
AND YOU KNOW, EVERYTHING THAT I'M SAYING IS TRUE.
AND INSTEAD OF YOU BEING HONORABLE AND JUST SAYING, YOU KNOW WHAT, THIS IS WHAT I DID.
YOU'RE GOING TO LET THIS WOMAN ACT LIKE I'M AN INTOXICATED DRUNK THAT CAME TO THE MEETING.
YOU DON'T GET TO LIE ON PEOPLE AND NOT GET CALLED OUT ABOUT IT.
I DON'T HAVE TO STOP ANYTHING.
IF YOU NEED TO CALL SOMEONE, CALL THEM.
I AM WAITING FOR MY PUBLIC APOLOGY FROM YOU.
WE'LL PERHAPS WE COULD CALL THE PAUL, THEN ABSOLUTELY CALL THEM, CALL THEM.
YOU WANT TO LIE ON ME AND CALL ME A DRUNK AND THEN HAVE ME ARRESTED FOR ASKING YOU FOR AN APOLOGY.
I'LL WAIT, GO AHEAD AND MAKE THE CALL.
WE HAVE AN AGENDA THAT WE HAVE TO MOVE IN.
OH, SO YOU'RE NOT GOING TO APOLOGIZE FOR JUST SAYING ON PUBLIC TELEVISION THAT I'M, I WAS HIGHLY INTOXICATED WHEN YOU'VE NEVER SEEN ME THAT WAY A DAY IN MY LIFE.
IS THAT WHAT YOU'RE SAYING? MA'AM BECAUSE YOU'RE NOT MOVING ON WITH YOUR AGENDA UNTIL YOU DO PERHAPS ENTERTAIN AN EMOTION, PERHAPS, PERHAPS YOU NEED TO ENTERTAIN THE MOTION BECAUSE UNTIL YOU APOLOGIZE TO ME, THIS MEETING IS EITHER OVER OR YOU NEED TO CALL SOMEONE TO REMOVE ME BECAUSE YOU'RE GOING TO DOUBLE DOWN ON YOUR NASTINESS AND YOU ARE TOO DARYL.
I THINK THAT WE NEED A RECESS IN THIS MEETING.
ALL YOU HAVE TO DO IS APOLOGIZE FOR YOUR LIVE MA'AM THAT'S ALL YOU HAVE TO DO.
JOSH, DO YOU KNOW ME? WAS I DRUNK? THE LAST TIME I WAS HERE? YOU KNOW, I WASN'T DRUNK.
LAUREN WAS I DRUNK THE LAST NIGHT I WAS HERE.
CONNIE WAS I DRUNK? I WASN'T DRUNK.
HOW DARE YOU SAY THAT ABOUT ME? OH, WE'RE NOT TALKING ABOUT HER.
I CAN'T SPEAK FOR HER AND I DON'T PLAN ON IT, BUT I WASN'T DRUNK.
HOW DARE THIS WOMAN SAY I WAS HIGHLY INTOXICATED.
SO, SO YOU'RE JUST NOT EVEN GOING TO APOLOGIZE.
YOU JUST MALIGNED PEOPLE'S CHARACTERS AND KEEP IT MOVING.
THAT'S WHAT YOU DO, CONNIE MARSH NOUR.
AND DARRYL, YOU'RE GOING TO LET HER DO THAT.
YOU'RE GOING TO LET HER DO IT BECAUSE I CAN DEFINITELY GO TO 80 AND T AND PULL MY PHONE LOGS SO WE CAN DO THAT FRIEND.
IS THAT WHAT I DID? DID I LIE? DARRELL? DID I LIE ABOUT ANYTHING? DARRYL? DID I LIE ABOUT ANYTHING? IT'S A YES OR NO QUESTION.
HAVE I LIED ABOUT ANYTHING? NO, I HAVE NOT.
YOU WANT TO LET THIS LADY CALL ME A DRUNK THERE OR THAT'S WHAT SHE WANT TO DO AND ACT LIKE I'M A LIAR.
YOU WANT TO LET HER, YOU WANT TO LET HER TALK ABOUT ME LIKE THAT WHEN YOU KNOW, I'M TELLING NOTHING BUT THE TRUTH, THAT'S WHAT YOU WANT TO DO.
THAT'S WHAT YOU WANT TO DO THAT SITS WELL WITH YOU.
I NEED TO KNOW HOW PEOPLE THAT WORK THAT CAN DO THAT.
YOU DON'T WANT TO TELL YOUR FRIEND, HEY, APOLOGIZE TO HER.
DARRYL CALL THE MEETING BACK TO ORDER.
I'LL CALL THE MEETING BACK TO ORDER AFTER THAT RECENT UNPLEASANTNESS.
AND, UH, UH, I THINK WE WERE AT THE CONSENT AGENDA AND THERE WAS, UH, NO
[00:50:01]
CONSENT AGENDA.[VII. OLD BUSINESS]
UH, SO WE HAD THE OLD BUSINESS OF ACCEPTING HAVING THE FORMAL ACCEPTANCE OF THE PLANNING COMMISSION REPORT DATED OCTOBER THE SEVENTH, 2021 UPDATED OCTOBER 21ST, 2021.UM, THE COPY I THINK WE ALL HAVE RECEIVED, WHICH HAS HANDWRITTEN ON IT.
FINAL SIGNED BY DOUGLAS AND APPEAR.
UM, IS THERE A DISCUSSION OR A MOTION MR. MADAM CHAIR I'LL MAKE A MOTION.
IS THERE A SECOND? UH, I MOVE THAT THE PLANNING COMMISSION EXCEPT THE INFORMATIONAL REPORT TITLED PLANET COMMISSION, INTERNAL INQUIRY REPORT CONTAINING 20 PAGES DATED OCTOBER THE SEVENTH, 2021, REVISED 21, OCTOBER, 2021 AS PREPARED BY DOUGLAS W NAPIER TOWN ATTORNEY RETIRED.
THIS REPORT WAS REQUESTED BY THE PLANNING COMMISSION REGARDING MINOR SUBDIVISION APPLICATION FR SUB DASH 2 8 5 2 THERE'S 2 0 2 1 BY MOTION APPROVED ON SEPTEMBER 15TH, 2021.
UH, FURTHER MOVE THAT THE POLICY RECOMMENDATIONS OUTLINED AND SAID REPORT BEFORE.
WORD IT TO THE PLANNING DIRECTOR FOR IMPLEMENTATION AS POLICY OR AS PART OF THE TOWN CODE AND THE SUBDIVISION AND ZONING ORDINANCE.
UH, I DO HAVE ONE POINT OF DISCUSSION ON MADAM CHAIR.
UM, OBVIOUSLY THERE'S BEEN A LOT OF CONFUSION OVER THIS REPORT.
UM, I JUST WANT TO CLARIFY A COUPLE THINGS ON IT.
UH, ONE, IT WAS NOT A CRIMINAL INVESTIGATION.
UH, A LOT OF PEOPLE HAVE CONTACTED ME, UH, UNDER THE IMPRESSION THAT WE WERE INVESTIGATING, UH, ANYBODY.
UH, AND WE WERE NOT, UH, THIS, THIS HAD NOTHING TO DO WITH THE APPLICANT, WITH THE TOWN MANAGER OR THE DIRECTOR OTHER THAN THE ACTIONS THEY TOOK THAT ARRIVED AT THE CIRCUMVENTION OF THE ORDINANCE.
UH, THE PURPOSE OF THE REPORT, WHICH WAS VERY CLEAR IN OUR ORIGINAL MOTION WAS TO DETERMINE THE FACTS OF THE MATTER IN THE CASE SO THAT WE COULD DETERMINE WHAT HAPPENED AND TO SEE IF WE NEED TO REVIEW AND CHANGE ANY OF OUR CODE.
UH, IT DID IN FACT, UH, DETERMINED THAT THE PROPER CODE WAS NOT FOLLOWED BY A TOWN OFFICIALS RESULTING IN THE VACATION OF THE ORIGINAL PLANT.
AND THAT IS THE EXTENT OF THE REPORT.
UH, OTHER PEOPLE ARE GOING TO HAVE TO DETERMINE IF THEY THINK THERE WAS CRIMINAL ACTIVITY.
UM, MR. NAPIER WAS VERY CLEAR IN THAT REPORT.
THAT ONE, THE PLANNING COMMISSION DOES NOT HAVE THE AUTHORITY TO INVESTIGATE PERSONNEL.
AND TWO THAT THE REPORT WAS NOT THAT, UH, IF ANYTHING, IT WOULD HAVE BEEN A HUGE CONFLICT FOR MR. NAPIER TO REPRESENT BOTH THE PLANNING COMMISSION AND THE TOWN MANAGER SAY, UH, YOU KNOW, YOU, YOU CAN'T REPRESENT BOTH SIDES ON A, ON A CRIMINAL INVESTIGATION.
SO FOR THAT REASON ALONE, IT WAS NOT, UH, OR THAT WAS NOT THE CASE.
SO, UM, I'LL MAKE THIS MOTION TONIGHT, UH, TO PUT THIS, UH, REPORT TO BED AND HOPEFULLY WE CAN MOVE ON WITH, UH, OTHER ITEMS. THANK YOU.
DO I HEAR A SECOND? OH, I'M SORRY.
WE WERE DISCUSSING IT'S CALLED THE QUESTION.
INCLUDING THE SUBJECT, WHICH I HOPE DOES NOT COME BEFORE US AGAIN, WAS NOT THE OUTCOME OF THIS AND IMPROVEMENT IN THE PROCEDURES AND THE CREATION OF A CHECKLIST FOR APPLICANTS.
WE HAVE NOW, UM, STARTED LOOKING AT ALL OF OUR APPLICATION PROCEDURES AND I HAVE, UM, OUR NEWEST PLANNER, JOHN WORKING ON A DRAFT DEVELOPMENT, UM, GUIDE BOOK, WHICH WE WOULD, WE'RE GOING TO ROLL THE DRAFT OUT IN JANUARY TO THE DEVELOPMENT COMMUNITY, TO COINCIDE WITH THE NEW BUILDING INSPECTIONS DEPARTMENT.
BUT, YOU KNOW, AND IT WASN'T JUST THIS, BUT IN GENERAL, THERE NEEDS TO BE CONSISTENCY IN APPLICATIONS THAT ARE BROUGHT TO THE PLANNING AND ZONING OFFICE.
UM, AND THAT'S WHAT I'M HOPING TO ACCOMPLISH.
[00:55:01]
WE'RE REVISING OUR PERMITS.WE HAVE A NEW SOFTWARE SYSTEM TO HELP US BETTER TRACK THE APPLICATIONS.
AND WE WILL HAVE A COMPREHENSIVE GUIDE OF, YOU KNOW, FROM START TO FINISH.
HOW DO YOU DEVELOP IN THE TOWN OF FRONT ROYAL? SO THAT'S, WHAT'S COME FROM THIS.
SO THAT IS A GOOD OUTCOME, ULTIMATELY ROCKY ROAD TO GET THERE, BUT AGAIN.
[VIII. NEW BUSINESS]
YOU.UH, IS THERE A NEW BUSINESS YOU, IF YOU WOULD LIKE TO SCHEDULE YOUR WORK SESSION? YES, THAT WAS ON MY, MY LIST HERE.
WE HAVE OUR NEXT MEETING ON JANUARY 19TH.
SHALL WE DO THE WORK SESSION BEFORE OR AFTER THAT GENTLEMEN BEFORE? SORRY.
THAT NEEDS TO BE BEFORE NEEDS TO BE BEFORE 6:00 PM.
I THOUGHT YOU MEANT ON THE CALENDAR.
DID IT NEED TO BE BEFORE AFTER? OH, WELL AND IT NEEDS TO BE BEFORE IN TERMS OF DAYS YOU COULDN'T, YOU COULDN'T DO IT AT 6:00 PM ON THAT DAY.
I JUST MISUNDERSTOOD THE QUESTION.
SO YOU'RE TALKING ABOUT 6:00 PM ON THE 19TH ON THE 19TH.
IF WE HAVE, IF WE HAVE A PUBLIC MEETING TO GO INTO THAT WILL HELP US PREVENT US FROM BEING TOO WORDY THAT WOULD WORKED FOR ME.
HOW ABOUT FOR YOU, MR. INGRAM? CAN YOU DO 6:00 PM SEVEN? EXACTLY.
CAN YOU DO THAT, MR. MERCHANT? YES.
WELL THEN THAT IS, UH, THE NEXT WORK SESSION THEN, UH, HAS BEEN SCHEDULED.
UM, I'D LIKE TO ASK, UH, UH, UH, QUESTION.
SO I'M AN EX AND I SAT HIM ON THE AGENDA.
[IX. DIRECTORS REPORT]
OKAY.MOVING ON TO DIRECTOR'S REPORT.
UM, COMPREHENSIVE PLAN UPDATE.
I JUST WANTED TO GIVE YOU AN UPDATE OF KIND OF WHERE WE'RE AT.
UM, RIGHT NOW WE'VE GOT THE SURVEY STAFF AND THE CONSULTANTS HAVE, WE'VE NOW RECEIVED ABOUT 300 TO 350, UM, RESPONSES, UM, WRITTEN RESPONSES ON THE SURVEY.
WE'VE HAD 804 VIEWS OF IT AND WE'VE HAD OVER 12,000, UM, RESPONSES TOTAL.
SO THAT'S ALL OF THE MULTIPLE CHOICE QUESTIONS AND, UM, 12, 12, 12,000 DIFFERENT ANSWERS.
UM, WE HAVE THE, WE'VE GOT ABOUT 281 ACTUAL WRITTEN RESPONSES IN THAT SURVEY.
UM, AND WE'RE STARTING TO SEE SOME COMMON THEMES COME TO THE TOP.
UM, WE ARE ALSO, UM, WE JUST LAUNCHED THE INTERACTIVE MAP WHERE THE COMMUNITY CAN, UM, MARK THEIR FAVORITE PLACES IN FRONT ROYAL.
THEY CAN, UM, MARK AREAS THAT NEED IMPROVEMENTS LIKE POTHOLE OR JUST GENERAL REPAIRS.
UM, SO THAT HAS BEEN RELEASED AND THAT IS ON THE COMPREHENSIVE PLAN PAGE.
UM, AND THEN WE'VE ALSO, UH, DECIDED TO KEEP THE SURVEY OPEN INTO JANUARY WHILE WE START TO COMPILE THE, UM, THE DATA AND THE REPORT FOR THE CURRENT STATE OF AFFAIRS FOR THE TOWN.
SO THAT'S A VERY ENCOURAGING RESPONSE.
SO IN THE, UH, IN THE NEXT COUPLE OF MONTHS, YOU'RE GOING TO START TO GET DELIVERABLES.
THERE WILL BE JOINT MEETINGS WITH TOWN COUNCIL.
DO WE KNOW THE DATES OF THOSE? I WILL SEND THOSE OUT, UM, PROBABLY NEXT WEEK.
UM, BUT THOSE WILL BE ACTUAL, YOU KNOW, IN YOUR HAND REPORTS AND PAPERS, WE CAN REVIEW AND EDIT THE MAPS THAT HAVE BEEN CREATED.
UH, A QUESTION ON THE INTERACTIVE MAP, IS THAT A CUMULATIVE OR DOES IT CLEAR AFTER LIKE RESET AFTER A COUPLE OF DAYS? CAUSE I NOTICED I WENT ON THERE AND WAS ADDING PINS AND I SEE PINS THAT I GUESS OTHER PEOPLE HAVE ADDED IT'S CUMULATIVE.
SO AS EVERYBODY STARTS TO ADD, SO AT SOME POINT I THINK THAT'S GOING TO GET PRETTY.
SO IN THE, ON THE BACKEND OF IT, WHAT I'M GETTING FROM THE CONSULTANT ARE SPREADSHEETS WITH THE DATA.
BUT MY CONCERN IS THAT IT WILL GET TOO, UH, CUMBERSOME OR IT'LL GET TOO CLUTTERED.
THE, YOU KNOW, WHEN YOU ACTUALLY VIEW IT, IF, IF A HUNDRED PEOPLE HAVE GONE IN LET'S HAVE THEY DO A HUNDRED PEOPLE GO IN AND DROP PINS, IT'S GOING TO BE A LOT OF PINS.
I CAN TALK TO SUMMIT AND JUST GET MORE INFORMATION ABOUT IT.
I DON'T KNOW IF WE'RE GOING TO BE ABLE TO, YEAH.
I DON'T KNOW WHAT THEIR PROGRAMMING IS LIKE, BUT IT'D BE NICE IF IT, I DON'T KNOW, AFTER A WEEK WOULD KIND OF REFRESH AND SO
[01:00:01]
YOU COULD STILL SEE WHAT PEOPLE ARE PUTTING ON, BUT IT WOULD BE MAYBE NOT CLEAN, SO IT'D BE PALER.HAVE, HAVE YOU GOTTEN ANYTHING FROM THE CENSUS BUREAU YET? DO WE HAVE ANY NEW CENSUS RESULTS? WHEN I MET WITH ANN YESTERDAY, SHE MENTIONED THAT THAT DATA I THINK WAS THERE.
UM, SO I CAN PROBABLY GET THAT AND SHARE THAT WITH YOU AT THE NEXT WORK SESSION OR, OH, THAT WOULD BE GRAND.
VERY EAGER TO HEAR WHAT THAT HAS TO SAY.
UM, ANY OTHER INTERESTING DEVELOPMENTS ON COMPREHENSIVE PLAN? I DON'T KNOW.
DO YOU WANT TO TELL THEM ABOUT THE MEETING THAT WE HAD WITH LATASHA AND THEN SOME OF THE CHARITY GROUPS? WELL, THAT, THAT SEGUES RIGHT INTO THE NEXT ITEM
[X. COMMISSION MEMBER REPORTS]
ON THE AGENDA IS COMMISSION MEMBER REPORTS.UM, LAUREN AND I HAD A MEETING WITH NATASHA THOMPSON AND A BOUTS OTHER THAN, OR NO, IT WAS ABOUT MORE LIKE NINE OR 10 NONPROFIT ORGANIZATIONS, UH, TO DISCUSS THE COMPREHENSIVE PLAN AND TO GET THEIR INPUT FROM THEIR PERSPECTIVE OF HELPING THE FOLKS IN THE AREA WHO NEED HELP.
AND WHAT ARE THE BARRIERS AND WHAT ARE THE OBSTACLES THAT PERHAPS COULD BE ADDRESSED IN THE COMPREHENSIVE PLAN? THERE WAS A VERY EDUCATIONAL MEETING AND I THINK IT WAS VERY CONSTRUCTIVE IN MANY WAYS.
AND THEY'LL BE HAPPY TO ELABORATE ANYTHING, ANYBODY WISHES TO ANY OTHER COMMISSION REPORTS, COMMISSION MEMBER REPORTS? NO.
WELL, WE, UH, HAVE GONE ON FOR A BIT LONGER THAN WE THOUGHT WE WOULD, BUT I THINK WE'VE COVERED WHAT WE NEED TO, UH, LET ME TAKE THE MOMENT TO WISH EVERYBODY A MERRY CHRISTMAS SINCE I DON'T THINK WE WILL BE MEETING BETWEEN NOW AND THEN.