* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:06] OKAY. [1. MOMENT OF SILENCE] I AM GONNA CALL TO ORDER THE REGULAR TOWN COUNCIL MEETING FOR JANUARY 27TH TO ORDER, AND WE'RE GONNA START OFF WITH A MOMENT OF SILENCE. [2. PLEDGE OF ALLEGIANCE] OKAY. NEXT UP IS OUR PLEDGE OF ALLEGIANCE. AS YOU KNOW, DURING MY TERM IS MAYOR, I INVITE STUDENTS FROM THE TOWN OF FRONT WORLD TO LEAD OUR COUNCIL IN THE PLEDGE OF ALLEGIANCE. IN THIS MONTH, WE WELCOME WYATT ONG, AND WYATT'S GONNA COME FORWARD. AS WYATT IS COMING FORWARD, I WOULD LIKE TO SHARE THAT WYATT IS THE SON OF HILLARY ONG AND WILLIAM ONG. WYATT IS A FIFTH GRADER ATTENDING RESCUE JEFFRIES ELEMENTARY SCHOOL. WYATT'S FAVORITE SUBJECT IS SCIENCE. HE IS AN HONOR ROLL STUDENT AND OUTSIDE OF SCHOOL, WYATT ENJOYS PLAYING BASKETBALL FOR WARREN COUNTY PARKS AND REC FISHING AND PRACTICING ARCHERY. UNDERSTAND THAT WYATT HAS A GREAT SENSE OF HUMOR, MAKING EVERYONE AROUND HIM LAUGH WITH HIS LOVE FOR SCIENCE OUTDOORS, AND A PASSION FOR CONSERVATION. WYATT ASPIRES TO BECOME A VIRGINIA CONSERVATION OFFICER WHEN HE GROWS UP. WYATT'S ALSO RECEIVING A CERTIFICATE, THANKING HIM FOR HIS PATRIOTISM AND PARTICIPATION IN THE FRONT ROYAL TOWN COUNCIL MEETING ON JANUARY 27TH. AND HE HAS CHOSEN HIS GIFT CERTIFICATE FROM ME TO SPLUNK'S. ARE YOU READY? WAT? YEAH. OKAY. EVERYBODY, PLEASE STAND. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD IN THE VISIBLE WITH LIBERTY. I JUSTICE FOR. OKAY, MS. PRESLEY, [3. ROLL CALL ] CAN WE DO OUR ROLL CALL? MAYOR COCKRELL. HERE. VICE MAYOR VIAL. HERE. COUNCILMAN D DAMCO PAYNE? HERE. COUNCILMAN INGRAM? HERE. COUNCILMAN RAPPAPORT? HERE. COUNCILMAN SEA LOCK'S ABSENT. COUNCILMAN WOOD HERE. OKAY, THANK YOU. UM, ITEM NUMBER [4. APPROVAL OF MINUTES] FOUR IS THE APPROVAL OF MINUTES. COUNCIL, DO I HEAR A MOTION? MADAM MAYOR, I MOVE THAT COUNCIL APPROVE THE COUNCIL MEETING MINUTES OF THE DECEMBER 2ND, 2024 WORK SESSION. DECEMBER 8TH, 2024. REGULAR MEETING. DECEMBER 16TH, 2024. SPECIAL AND SPECIAL CLOSED MEETINGS. JANUARY 9TH, 2025. WORK SESSION AND JANUARY 13TH, 2025. WORK SESSION AS PRESENTED. SECOND. OKAY, JUST ONE CLARIFICATION. UM, MR. INGRAM SAID DECEMBER 8TH, BUT IT, IT ACTUALLY WAS DECEMBER 9TH, SO I'M JUST EVERY, JUST MAKE SURE EVERYBODY'S VOTING ON THAT, SO. ALRIGHT. ANY DISCUSSION? ALRIGHT, ROLL CALL VICE. VICE MAYOR VIAL. YES. COUNCILWOMAN THE DEMON PAYNE? YES. COUNCILMAN INGRAM? YES. COUNCILMAN RAPPAPORT? YES. COUNCILMAN LOCS. ABSENT. COUNCILMAN WOOD? YES. OKAY, THANK YOU. UM, NEXT UP ARE ADDITION OR DELETION OF ITEMS FROM THE AGENDA OR ANY REVISION TO THE ORDER OF BUSINESS? DO I HEAR ANY? OKAY. WE'LL MOVE ON. UM, RIGHT [7.A. Special Exception Request from COL Samuel R. Millar VFW Post 1860 for Relief of Existing Parking Requirements at 654-B W 11th Street ] ON DOWN TO ITEM NUMBER SEVEN, WHICH IS OUR PUBLIC HEARINGS. UM, WE ACTUALLY HAVE FOUR PUBLIC HEARINGS TONIGHT, AND SO I'M GONNA GO AHEAD AND READ A LITTLE INFORMATION TO, TO GET US READY FOR THAT. WE NOW COME TO THE PUBLIC HEARING PORTION OF THE AGENDA AND PUBLIC HEARINGS ARE AN OPPORTUNITY FOR COUNSEL TO LEARN OF INFORMATION OF WHICH THEY MAY NOT HAVE BEEN PREVIOUSLY [00:05:01] AWARE. IF YOU WOULD LIKE TO SPEAK, PLEASE WAIT UNTIL YOU'RE RECOGNIZED, THEN COME FORWARD TO THE MICROPHONE AND STATE YOUR NAME AND ADDRESS AND INDICATE IF YOU ARE A RESIDENT OF THE TOWN OF FRONT ROYAL. IF THE COMMENTS YOU WOULD LIKE TO MAKE HAVE ALREADY BEEN MADE, YOU MAY SIMPLY STATE THAT YOU AGREE WITH THE PREVIOUS SPEAKER. THERE IS A THREE MINUTE TIME LIMIT FOR SPEAKERS. AFTER THREE MINUTES, THE MICROPHONE WILL CUT OFF. PLEASE REMEMBER, YOU ARE TO ADDRESS YOUR COMMENTS TO THE MAYOR AND COUNSEL AND TO REFRAIN FROM WORDS OR STATEMENTS WHICH ARE DEFAMATORY TO SPECIFIC INDIVIDUALS OR DISPLAY OTHER DISRUPTIVE CONDUCT INCLUDING OBSCENITY AND VULGARITY. SO OUR FIRST PUBLIC HEARING, UM, IS A SPECIAL EXCEPTION REQUEST FROM COLONEL SAMUEL R. MILLER VFW POST 1860 FOR RELIEF OF EXISTING PARKING REQUIREMENTS AT 6 54 DASH B 11TH STREET. UM, I AM GONNA HAVE, UM, MS. PRESLEY READ THE SUMMARY. FIRST COUNCIL'S RE COUNCIL'S RECEIVED A REQUEST FROM COLONEL SAMUEL R MILLAR, VF W POST 1860. COMMANDER JEFFREY D. COOK FOR RELIEF OF PARKING REQUIREMENTS IN TOWN. CODE CHAPTER 1 48 DASH EIGHT 70 A2. THE PROPERTY IS LOCATED AT 6 54 B WEST 11TH STREET TAX MAP 20 A ONE DASH TWO DASH THREE DASH THREE AND FOUR. AND ZONED C ONE COMMUNITY BUSINESS DISTRICT. THE PROPERTY DOES NOT HAVE ADEQUATE OFF STREET PARKING. THE TOWN CODE REQUIREMENT FOR THIS USE REQUIRES 17 PARKING SPACES. THERE ARE CURRENTLY NINE. THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO WAIVE THE OFF STREET REQUIREMENTS AND ALLOW THE USE TO OPERATE WITH LESS THAN THE REQUIRED AMOUNT OF PARKING ATTEMPTS BY THE APPLICANT TO SECURE ADDITIONAL PARKING VIA LEASE AGREEMENT HAVE FAILED. THE ADJOINING PROPERTY OWNERS HAVE BEEN NOTIFIED ON DECEMBER 18TH, 2024. THE PLANNING COMMISSION MADE A RECOMMENDATION FOR DENIAL. THANK YOU MS. PRESLEY. WE'RE GONNA START OFF FIRST WITH STAFF PRESENTATION BY STAFF. ALL RIGHT. GOOD EVENING. I'LL TRY TO KEEP THIS ONE PRETTY BRIEF. ALL RIGHT. SO THE PROPERTY IS LOCATED AT 6 54 WEST 11TH STREET. UH, YOU CAN SEE IT'S OUTLINED IN RED ON THE MAP. UM, THE FORMER USE OF IT WAS A, WAS A RESTAURANT USE BENZS FAMILY CUISINES. AND THERE ARE CURRENTLY, UM, NINE PARKING SPACES THAT ACTUALLY FIT OUR STANDARDS AND THE APPLICANT NEEDS 17. SO PER OUR CODE, UM, ANY NEW USES REQUIRE COMPLIANCE WITH CHAPTER 1 48, WHICH IS OUR SUBDIVISION ORDINANCE. AND THE APPLICANT HAD APPLIED FOR A BUSINESS LICENSE TO ESTABLISH AN ASSEMBLY USE ON THIS SITE. UM, THE WAY WE CALCULATE THAT IS THAT IT'S EITHER ONE PARKING SPACE PER FOUR FIXED SEATS OR ONE PARKING SPACE PER 100 NET SQUARE FEET, WHICH IS BASICALLY PAINT TO PAINT MINUS ALL THE INTERIOR WALLS. WHEN WE CALCULATED THIS WITH 1,692 SQUARE FEET, UM, THAT'S THE, WHERE THE 17 PARKING SPACES WERE, UH, REQUIRED. UM, IN OUR CODE ALSO REQUIRES THAT THE MINIMUM AISLE WIDTH IS 12 FEET. SO ON THE DRAWING, WHICH I NEED TO GET TO, OOPS. UM, THEY ONLY HAVE AN AISLE WIDTH OF 10, 10 AND A HALF FEET, WHICH IS NOT SUFFICIENT. AND THEN YOU'VE GOT THE FOUR SPACES IN THE FRONT AND THEN APPROXIMATELY FIVE SPACES IN THE BACK WHICH WOULD FIT. SO ARE THERE ANY QUESTIONS ABOUT THE PARKING REQUIREMENTS? UM, WAS IT, UM, NON-CONFORMING BEFORE THIS, WHEN THE RESTAURANT WAS THERE? THE WAY THE RESTAURANT'S PAR PARKING WAS CALCULATED THEN, IS THAT THE PRIOR USE BEFORE THAT HAD BEEN A RESTAURANT, SO IT WAS, THEY WERE ALLOWED TO JUST KEEP THAT PARKING. SO IT WASN'T NECESSARILY NON-CONFORMING FOR THAT USE. IT WAS OKAY BECAUSE OF A PROVISION IN, UH, 1 75, I THINK IT'S 1 26 OF OUR ORDINANCE. BUT BECAUSE THEY DIDN'T REUSE IT AS THE SAME USE AS A RESTAURANT AND IT BECAME AN ASSEMBLY USE, THAT'S WHAT KICKED IT INTO REQUIRING US TO LOOK AT, OR SORRY, RECALCULATING THE PARKING. OKAY. THANK YOU. ANY OTHER QUESTIONS FROM COUNSEL FOR STAFF AT THIS TIME? CAN, CAN YOU, UH, UH, MS. KAKI, CAN YOU GO BACK TO THE, THE FOUR WERE WHERE YOU WERE TALKING ABOUT THE FOUR SEATS PER TABLE? YEP. ON AND THE CALCULATION RIGHT HERE? [00:10:01] YEP. WAS THAT, WAS THAT DONE? WAS THAT CALCULATION DONE? DO WE KNOW HOW MANY, UH, HOW MANY SEATS THEY WERE? I BELIEVE CALCULATING AT THIS WAY REQUIRED LESS SPACES. EXCUSE ME. I BELIEVE THAT DOING THE CALCULATION WITH SQUARE FOOTAGE ENDED UP IN REQUIRING LESS SPACES THAN THE OTHER USE. OKAY. WE KNOW THAT FOR A FACT. NO, I'M JUST TRYING TO REMEMBER BACK ANY OTHER QUESTIONS FROM COUNSEL FOR STAFF? OKAY. WE MAY HAVE THEM LATER, BUT FOR NOW NOT. OKAY. UM, AT THIS TIME, WE USUALLY ALLOW THE APPLICANT, IF YOU WISH TO SPEAK. DID YOU WANT TO? IT'S NO PRESSURE. YES, MA'AM. I SIGNED UP ON YOUR SHEET. OKAY. WELL, BECAUSE YOU'RE THE APPLICANT, YOU ACTUALLY CAN COME UP AND SPEAK AND I'M NOT GONNA LIKE TIME YOU LIKE I WOULD AS A PUBLIC COMMENT. OKAY. OKAY. NORMALLY A PUBLIC COM, UH, FOR THE PUBLIC HEARING, PEOPLE GET THREE MINUTES, BUT AS THE APPLICANT, WE WANNA MAKE SURE YOU HAVE ENOUGH TIME TO SHARE ANY INFORMATION OR FIELD ANY QUESTIONS. OKAY. THANK YOU VERY MUCH, MR. MAYOR. LEMME GIVE MY BEARINGS HERE. MADAM MAYOR, ESTEEMED COUNSEL, MR. TOWN MANAGER, MR. ATTORNEY PLANNING AND ZONING, THANK YOU FOR THE OPPORTUNITY TO SPEAK BEFORE YOU. UM, COUPLE THINGS REAL QUICK. UH, VFW POST 1860 HAS EXISTED IN THE TOWN OF FRONT ROYAL SINCE JUNE 5TH, 9, 19 30. IT WAS ESTABLISHED BY SAMUEL R MILLAR AND HIS FAMILY MOVED INTO THE FRONT ROW AREA IN 17, IN THIS 1740S. IF YOU DON'T KNOW ABOUT WHAT A VFW IS, I'M GONNA TAKE YOU REAL QUICK. WE'RE A VETERAN SERVICE ORGANIZATION. WE SERVICE VETERANS THAT HAVE SERVED IN FOREIGN LANDS UNDER OUR COMBAT SCENARIO. WE SERVE OUR WIDOWS AND OUR ORPHANS. WE ALSO HAVE A GREAT COMMUNITY SERVICE OUTREACH PROGRAM. WE DONATE TIME AND MONEY TO FOOD BANKS, UH, YOUTH SPORTS LEAGUES. UM, WE HAVE SCHOOL SCHOLARSHIPS. THE VETERANS OF FOREIGN WARS RUNS A, A PATRIOTS PEN, A VOICE OF DEMOCRACY, A TEACHER OF THE YEAR. THESE ARE JUST SOME OF THE THINGS THAT A VFW POST BRINGS BACK TO ITS COMMUNITY. AND SINCE WE'VE BEEN HERE SINCE 1930, AND WE ARE THE ONLY VETERANS OF FOREIGN WARS POST IN WARREN COUNTY, WE HAVE BEEN AT THIS FIGHT SINCE 2015. I BECAME THE COMMANDER OF 1860, UH, SHORTLY AFTER THE FIRE. AND WE'VE DONE EVERYTHING HUMANLY POSSIBLE TO REESTABLISH A BRICK AND MORTAR HOME. AND WE FINALLY FOUND A BUILDING BENZS THAT HAD OPERATED SUCCESSFULLY FOR OVER 10 YEARS AS A RESTAURANT WITH, IF YOU GO BACK TO THAT PICTURE, THAT FIRST PICTURE, ONE MORE PLEASE. THOSE PARKING SPOTS, THEY RAN A BUSINESS OUT OF THAT, WHICH IS MUCH LIKE WHAT WE WOULD BE, UM, WE HAD TO CLARIFY OURSELVES AS ASSEMBLY BECAUSE PLANNING AND ZONING DIDN'T HAVE SOMETHING THAT MATCHED. EXACTLY. AND I'M, I'M NOT, IT'S NOT AN ACCUSATION, I'M BEING FACTUAL. THERE WAS NO ORDINANCE THAT SAID A VETERANS OF FOREIGN WAR WAS CATEGORIZED AS THIS. SO PLANNING AND ZONING SEARCHED, UH, WORKED WITH US. I HAVE NO COMPLAINTS IN THAT. BUT THE BEST WE COULD COME UP WITH YOUR CURRENT ORDINANCE WAS AN ASSEMBLY, UH, ASSEMBLY HALL. AND THAT INDEED KICKS US INTO THIS, WHICH I BELIEVE IS QUESTIONABLE, WHETHER IT'S SQUARE FOOTAGE OR THE NUMBER OF SEATS, ANYBODY THAT HAD BEEN TO BENDS, AND I'M, IT'S A VERY SMALL ESTABLISHMENT. IT'S 1600 SQUARE FOOT IF YOU ONLY HAVE FOR ONE PARKING SPOT PER FOUR TABLES, I BELIEVE IT'S JUST THE OPPOSITE. I I, I DON'T BELIEVE IT WAS MALICIOUS, BUT IF YOU LOOK AT SQUARE FOOT, IT'S 1692, IT'S A, IT'S ONE PARKING SPOT PER HUNDRED, OR EXCUSE ME, ONE PARKING SPOT PER A HUNDRED SQUARE FOOT THAT KICKS US INTO THE 17. BUT IF YOU LOOKED AT TABLES THAT ARE IN THERE, IT WOULD BE LESS THAN THAT. AND THAT'S WHY WE AS THE VETERANS OF FOREIGN WARS BELIEVE THAT WE PUT FORTH A PRETTY GOOD ARGUMENT FOR THIS SPECIAL EXCEPTION. YOU RAN A BUSINESS OUT OF THERE FOR 10 PLUS YEARS. WE'RE NOT ASKING FOR ANYTHING DIFFERENT. IN FACT, WE'RE MUCH SMALLER IN BASIS TO THAT. WE HAVE A MONTHLY MEETING THAT I, UH, GENERALLY HAVE SIX TO 10 MEMBERS. I'M NOT ASKING FOR A WHOLE LOT. UM, BUT THAT'S, THAT'S WHERE WE'RE AT TODAY. UH, WE HAD GONE TO THE, THE EDA, [00:15:01] WE ASKED FOR THE ADJACENT PROPERTY BEHIND IT. SELL US ALL OF IT, SELL OF US SOME OF IT, LEASE IT TO US SO THAT WE COULD MEET YOUR ORDINANCES. AND WE HAVE DONE EVERYTHING THAT WE COULD IN THAT REGARD, UM, WITHOUT CALLING THEM OUT. WE WERE TOLD YES, WE WERE TOLD NO. WE MET FOUR, FIVE DIFFERENT TIMES, AND ULTIMATELY WE WERE DENIED THE ABILITY TO DO THAT. THAT'S A SUPER FUN SITE. IT'S A PARKING LOT TODAY. ALL WE WANTED WAS ENOUGH OF THAT SPACE TO MEET THE TOWN ORDINANCES. SO THAT ENDED UP A NEGATIVE. WE'VE CONVERSED WITH THE CHURCH OF THE NAZARENE. THEY CAN'T COMMIT TO A, A FULL-TIME. THEY'RE ADJACENT OR DIRECTLY ACROSS THE STREET FROM THAT LOCATION. THEY CAN'T COMMIT TO AN EVERYDAY APPLICATION OF US HAVING AN ADDITIONAL SIX OR SEVEN PARKING SPOTS TO ADD INTO THE, THE SEVEN THAT YOU SEE BEFORE YOU, UM, OR NINE, FORGIVE ME. UM, BUT THEY WOULD WORK WITH US ON A CASE BY CASE BASIS. FURTHERMORE, OUR OTHER MITIGATING, UH, MITIGATION WAS OUR OLD POST HOME, WHICH WAS DOWN ALONG THE RIVERSIDE. WE RE RETAINED, UH, PROFFER RIGHTS TO HOLD UP TO SIX EVENTS PER YEAR AT THAT LOCATION WITH THE CURRENT, UH, LAND OWNER. SO IF WE HAD A BIG EVENT, WE'D MOVE EVERYTHING DOWN THERE AND WE WOULDN'T HOLD IT AT, AT THE BEN'S LOCATION. SO WE PUT FORWARD THAT PLAN, AND I, I BELIEVE IT WAS SOLID. WE GOT, UH, I THINK ONE SINGLE VOTE OUT OF THE, UH, PLANNING AND ZONING COMMISSION. THAT WAS THEIR CHOICE. SO I'M HERE TO ASK YOU ONE LAST CONSIDERATION THAT THIS IS OUR LAST CHANCE. THIS IS A BUILDING THAT FITS WITHIN OUR BUDGET PROFILE. IT HAS, IT'S CURRENTLY FITTED OUT AS A RESTAURANT. SO WE, WE WOULD LIMIT OUR, UH, EXPENSES TO TURN IT OVER. UH, AND WE HAVE A LAND, OR EXCUSE ME, HAVE A, AN OWNER THAT REALLY WANTS TO HELP US OUT WITH THE SALE OF THIS AS WELL AS COME BACK AND, AND SHE'S VERY VET CENTRIC. SO THAT'S MY CASE TO YOU, THAT'S MY PLEA. UM, I COULD TELL YOU A LOT MORE ABOUT THE VFW, UM, BUT I'M NOT GONNA WASTE YOUR TIME. AND I JUST ASK YOU THAT YOUR ORDINANCES, WE'VE DONE, WE'VE DONE EVERYTHING WE CAN. THERE'S NOT OTHER PROPERTIES THAT ARE OUT HERE IN, IN THE, THE COST PROFILE THAT WE'RE LOOKING AT. SO, AND IT'S BEEN SINCE 2015, WE TRIED TO REBUILD BACK ON OUR OWN HOME SITE. WE WERE DENIED THAT ABILITY BECAUSE OF FEMA FLOODPLAIN FLOOD ZONING. UM, IT'S JUST A BLEAK OPPORTUNITY. AND MY MEMBERSHIP IS BLEEDING OUT. WE AVERAGE OUR AVERAGE AGE OF 76 YEARS OLD. UM, I HAVE ON MY BOOKS TODAY, FORGIVE ME, 157 MEMBERS, 40 OF THOSE LIVE OUTSIDE OF THE AREA. I'M, I'LL NEVER HAVE 157 MEMBERS TRY TO BOMBARD THAT PROPERTY AT ONE TIME. UM, AND I I BRING UP THE FACT THAT IT'S AN OLDER, UH, POST AND WITHOUT A HOME, WE CAN'T ESTABLISH OURSELVES TO GET THESE YOUNGER VETS BACK IN HERE. SO AT 76 YEARS OLD, WE'RE LOSING TO ATTRITION AND I, I'M TRYING TO GET A, A HOME FOR HIM. SO, UM, THANK YOU FOR YOUR TIME. THANK YOU. COUNSEL, IF YOU HAVE, IF YOU HAD ANY QUESTIONS FOR MR. COOK. UM, ANY QUESTIONS? MY ONLY QUESTION WE HAD ADDRESSED AT A WORK SESSION, WHICH I THINK HE ANSWERED INDIRECTLY, WAS THAT THEY HAVE NOT CLOSED ON THE PROPERTY YET. CORRECT? IT WAS A CONTINGENT OFFER. OKAY. BASED ON YOUR APPROVAL. OKAY. THANK YOU. ANY OTHER QUESTIONS FOR, FOR MR. COOK, THE APPLICANT? DOES, UH, DOES MR. COOK, UH, UH, CAN YOU PROVIDE THE, UH, ARRANGEMENT THAT YOU'VE MADE WITH THE, UH, IN A DOCUMENT WITH, WITH THE OLD SITE TO, TO USE THAT, UH, AREA DOWN THERE AT THE VFWI? I DON'T HAVE IT ON ME TODAY, BUT I CAN PROVIDE YOU A COPY OF THE AGREEMENT THAT WE SIGNED WHEN WE SOLD THAT WHOLE PROPERTY. PROVIDE THAT TO OH, NO, THAT'S OKAY. I BELIEVE THAT, UM, IT'S, IT'S NOT THE RIVER OUTFITTERS, BUT IT'S SOMETHING ALONG THAT, THAT JEFF, IT'S JEFF KELP, RIGHT? JEFF. JEFF KELBY. RIGHT. OKAY. ANY OTHER QUESTIONS FROM COUNSEL FOR THE APPLICANT? I, I HAVE ONE MORE. OKAY. HOW MANY, UH, ESTIMATE OF HOW MANY MEMBERS THAT YOU WOULD PROBABLY SEE ON A GIVEN GIVEN DAY, UH, IN [00:20:01] THE FACILITY? WE WOULD PROBABLY LOOK AT 40 OR LESS DURING THE DAY. UH, SIMPLY BECAUSE WE'VE BEEN OUT A BRICK AND MORTAR ESTABLISHMENT SINCE THOUSAND 15. I GOTTA HOPE THAT I, WE REESTABLISH COMING BACK FOR A BEVERAGE 40, 40 HOURS, EXCUSE ME, 40 CLIENTS PER DAY. AND WE WOULD NOT BE OPEN THE ENTIRE DAY. OUR INTENT IS TO REESTABLISH VERY LIMITED HOURS TO IF WE CLIENTELE AND IF WE DON'T, WE'LL JUST TURN AROUND AND SELL THE PROPERTY AND MOVE ALONG. THAT'S, THAT'S REALLY WHERE WE'RE AT. THANK YOU. ANY OTHER QUESTIONS FROM COUNSEL FOR THE APPLICANT AT THIS TIME? AND WE CAN ALWAYS CERTAINLY ASK IF AFTER THE PUBLIC HEARING, ANYBODY. OKAY. SO AT THIS TIME I'M GONNA OPEN THE PUBLIC HEARING. MS. PRESLEY, DO WE HAVE ANYBODY SIGNED UP TO SPEAK? UM, WE HAVE ONE. ANDREA WHITE. ANDREA WHITE. HELLO. THANK YOU FOR HAVING US HERE TONIGHT. UM, I'M THE REALTOR THAT HAS BEEN WORKING WITH THE VFW FOR THE PAST TWO YEARS TO TRY TO HELP THEM FIND A LOCATION. I JUST WANNA ADD A LITTLE BIT TO WHAT MR. COOK SAID. UM, THIS LOCATION IS, AS HE SAID, TO REESTABLISH TO SEE IF WE CAN REESTABLISH THE POST. UM, IT WOULDN'T BE LONG TERM IF WE CAN GENERATE NEW MEMBERS AND GET IT GOING, GETTING, GET EVERYTHING ROLLING AGAIN. I MEAN, WE WOULD BE LOOKING TO SELL THIS LOCATION AND GET A LARGER LOCATION. UM, LOOKING AT MAYBE TWO TO FIVE YEARS HERE AT THIS LOCATION. UM, AS HE SAID, WE'VE BEEN TO THE EDA FOR THE PAST COUPLE YEARS, TRYING TO PURCHASE A PORTION OF THE LOT OFF KENDRICK AND MONROE, AND THAT HASN'T WORKED OUT. WE'VE SPOKEN WELL. WE TRIED TO SPEAK TO THE ADJACENT PROPERTY OWNER. THEY WOULD NOT RETURN PHONE CALLS, THE STORE ON THE, UH, THE VILLAGE STORE ON THE CORNER TO SEE IF WE COULD ACCESS THE REAR OF THE PROPERTY, UM, THROUGH THEIR REAR PARKING LOT, BUT THEY WOULD NOT RETURN OUR PHONE CALLS. UM, THE CHURCH HAS GRACIOUSLY OFFERED TO PROVIDE PARKING FOR SPECIAL EVENTS, AND I DO HAVE A LETTER FROM THE CHURCH TO THAT EFFECT THAT THEY WOULD TRY TO WORK WITH THE VFW FOR SPECIAL EVENT PARKING. UM, THE OTHER THING IS THERE ARE CURRENTLY NO FIXED SEATS IN THE RESTAURANT. THEY'RE ALL MOVABLE, SO NO FIXED SEATS. AND THAT AS A BUYRIGHT USE, ANOTHER RESTAURANT COULD GO BACK INTO THAT LOCATION AND GENERATE MORE TRAFFIC AND PARKING CON ISSUES THAN THE VFW WHO'S TRYING TO WORK AND ADD ADDITIONAL PARKING ONTO THE SITE FOR ALL STREET PARKING. AND THAT'S ALL I'VE GOT. THANK YOU FOR LISTENING. THANK YOU. OH, WOULD YOU LIKE A COPY OF THE LETTER FROM THE CHURCH OF THE NAZARENE? PROBABLY WOULD BE HELPFUL TO PUT IT WITH, IF YOU'LL GIVE IT TO MS. PRESLEY. MS. PRESLEY. OKAY. AND IF YOU JUST GIVE ONE TO MS. PRESLEY AND IF ANYBODY ELSE WANTS TO SEE IT. OKAY. I, UM, MS. PRESLEY, NOBODY ELSE ASSIGNED TO SPEAK. WELL, MR. COOK SIGNED UP. OKAY. AND IS THERE ANYBODY ELSE THAT WOULD WISHES TO SPEAK TO THIS TOPIC? MAYOR COUNCIL, MIKE MCCOOL, UH, SIX 13 NORTH COMMERCE. I'M AWARE OF THIS. UH, I'VE TALKED TO THE VFW OVER THE LAST COUPLE YEARS AND WE'VE TALKED ABOUT THIS PARKING ISSUE AND THERE IS A PRECEDENCE FOR, FOR THE TOWN TO MAKE THIS, UH, EFFORT WHEN, UH, MAYOR TALT WAS THE MAYOR. WE'VE HAD THIS ISSUE WITH THE PROPERTY ON EIGHTH STREET WHERE PAUL'S MAYTAG, IF YOU'VE BEEN HERE FOR A WHILE, YOU KNOW WHERE THAT WAS. AND THE CONSENSUS OF THE COUNCIL AT THE TIME, IF I RECALL, WAS THAT'S ALL THE PARKING WE HAVE. WE CAN'T MAKE MORE PARKING. WE HAVE THESE BUILDINGS THAT HAVE BEEN HERE FOREVER, AND WE'RE DRIVING BUSINESSES AWAY FROM OUR COMMUNITY BECAUSE WE'RE 1, 2, 3, 10 PARKING SPACES TOO SHORT. AND THE WAY I CALL IT, THERE IS AN ORDINANCE THAT THIS IS SUPPOSED TO BE THE PRECEDENT ON EXISTING PROPERTY. THAT'S ALL THE PARKING WE HAVE. THE VFWI THINK SHOULD BE CLASSIFIED AS A RESTAURANT IF AS A PERSON THAT USED TO GO TO THE VFW WHEN THEY WERE DOWN AT THE RIVER, IT'S A RESTAURANT AND A, I DON'T WANT TO USE THE WORD BAR BECAUSE WE DON'T HAVE BARS IN VIRGINIA. WE HAVE RESTAURANTS THAT SERVE ALCOHOL, BUT IT'S A RESTAURANT. THE MEETINGS WERE, THEY DID HAVE MEETINGS. BUT THAT'S AN, THAT'S AN ANCILLARY USE OF THE PROPERTY. AND THAT'S HOW I WOULD LOOK [00:25:01] AT IT. I WOULD SAY THE, THE MEETING SPACE IS AN ANCILLARY USE, WHICH IS AUTHORIZED IN THE ZONING. JUST LIKE EVERY RESTAURANT, IF YOU'VE EVER BEEN TO A RESTAURANT IN TOWN, IT'S A MEETING HOUSE. IT'S NOT A, I MEAN, WHAT DO THEY DO? THEY SIT AROUND THERE AND TALK AND SHARE, AND THAT'S WHAT THE VFW IS ABOUT. IT'S A COMRADERY IN THE FELLOWSHIP THAT THEY HAVE. SO, TO ME, I WOULD CLASSIFY THIS AS A NON-CONFORMING USE AS AN EXISTING USE THAT IT HAD, SHOULDN'T HAVE A PARKING REQUIREMENT. WE CALL IT A RESTAURANT. AND, AND THAT, TO ME, THAT'S REALLY WHAT IT IS. BUT AGAIN, REMEMBER WE, YOU, YOU, YOU MADE A VARIANCE ON THE PARKING AND CHANGE AN ORDINANCE. AND I DON'T KNOW EXACTLY ALL THE DETAILS OF IT, BUT THE PERSON THAT BOUGHT THAT BUILDING WAS A DIFFERENT USE THAN PAUL'S MAYTAG. AND HE DIDN'T HAVE ANY MORE PARKING. AND YET HE SERVED HIS BUSINESS THERE FOR QUITE A FEW YEARS. AND NOW ANOTHER PERSON'S IN THAT SPACE, A DIFFERENT USE, DOESN'T HAVE ANY MORE PARKING. SO I THINK WE HAVE TO THINK ABOUT THE PROPERTY THAT WE HAVE. THAT'S ALL WE HAVE. THAT'S ALL WE HAVE. SO, AND I THINK THE VFW IS, WE SHOULD, UH, SHOULD BEND OVER BACKWARDS TO HEALTHY. THANK YOU. THANK YOU. MR. MCCOOL. IS THERE ANYBODY ELSE WHO WISHES TO SPEAK? OKAY, I'M GONNA, OKAY. SURE. MY NAME IS PASTOR STEVE , PASTOR MANAGER, AND RIGHT ACROSS THE STREET FROM THERE. AND I APPRECIATE THE COMMUNICATION THAT HAS HAPPENED HERE THIS EVENING AND THE EFFORTS INVOLVED AND YOUR TIME AND CONSIDERATION. I KNOW YOU HAVE THE LETTER THAT I WROTE THE LETTER, UM, BUT I FIGURED YOU MIGHT JUST WANNA HEAR FROM ME. AND SO, UM, HOPE HAS BEEN A GREAT PARTNER IN OUR COMMUNITY AT BEN'S FAMILY CUISINE, A GREAT PARTNER TO US AND US TO HER AT THAT ESTABLISHMENT. UM, PRIOR TO HOPE'S GOING THERE, I REMEMBER WHEN IT WAS THE SNACK AND RACK , I HAD DIFFERENT NAMES FOR IT. UM, I USED TO ASSOCIATE THERE QUITE REGULARLY, AND MY LIFE HAS BEEN TRANSFORMED TREMENDOUSLY. AND THE LORD GOT A SENSE OF HUMOR AND CALLED ME TO MINISTRY RIGHT ACROSS THE STREET FROM WHERE I USED TO HANG OUT. AND SO I SHARE THAT TO SAY THAT WHEN IT WAS A RESTAURANT, WELL, WHEN IT WAS THE SNACK RACK IN THAT SETTING, THERE WAS SIGNIFICANT CHALLENGES IN OUR COMMUNITY DURING THAT TIME. THERE WOULD BE NOTHING FOR 30 TO 40 PEOPLE BE STANDING OUT IN THE MIDDLE OF THE STREET AND HAVING A FIST FIGHT RIGHT THERE. I KNOW THAT I WAS THERE. WE'RE GLAD THAT THAT'S NOT PART OF OUR COMMUNITY ANY LONGER. ONE OF OUR CONCERNS IS THAT THAT COULD HAPPEN AGAIN IF IT WAS A SPORTS BAR OR SOMETHING ALONG THOSE LINES. THE VFW IN THE ARTICULATION THAT MR. COOK HAS ADDRESSED TO US IS TO HELP CARE FOR OUR VETS. WE ARE FOR OUR VETS. IT IS TO HELP CARE FOR OUR COMMUNITY. AND I THINK THAT THERE'S AN OPPORTUNITY FOR THE GOOD PARTNERSHIP TO BE INVOLVED WITH THAT. WE CANNOT, AS WE'RE IN OUR SETTING AS THE CHURCH, WE'RE NOT ABLE TO GIVE CAR BLANCHE, UM, SPACES AT EVERY HOUR THAT THEY MAY OPERATE IT. THERE'S SO MANY LOGISTICS THAT WOULD BE INVOLVED WITH THOSE THINGS. YOU KNOW, YOU CAN'T PLAN FUNERALS, YOU DON'T PLAN WEDDINGS ALL THE TIME. AND SO THOSE ARE THOSE DYNAMICS, RIGHT. HOWEVER, WE DO BELIEVE THAT WITH GOOD COMMUNICATION, THAT WE ARE WILLING TO WORK WITH THEM IF THERE IS A SPECIAL EVENT. AND SO ON A CASE BY CASE SCENARIO, DEPENDING ON WHAT THOSE ARE AND HOW IT FITS WITH OUR SCHEDULE AND THEIR SCHEDULE, WE'RE WILLING TO WORK IN THAT REGARD. IT'S JUST A DAY-TO-DAY OPERATIONS. BUT IN OUR VIEW, WE WOULD RATHER SEE SOMEONE, UM, WELL IN OUR VIEW, WE'D RATHER HAVE IT OURSELVES, BUT NONETHELESS, TO HAVE A COMMUNITY PARTNER, WE WOULD, WE WOULD BE AN ADVOCATE FOR THAT. SO THANKS FOR LISTENING. THANKS FOR YOUR CONSIDERATION. IF YOU HAVE A QUESTION, FEEL FREE TO ASK, BUT, UH, MAY THE LORD BLESS YOU. THANK YOU. YOU'RE WELCOME. THANK YOU. ANYBODY ELSE? OKAY. AT THIS TIME I'M GONNA CLOSE THE PUBLIC HEARING AND I WILL, UM, AT, AT THIS TIME, THE APPLICANT CAN SPEAK AGAIN IF THEY WANT TO, BUT DO YOU FEEL LIKE YOU'VE SAID EVERYTHING YOU WANTED TO GET ACROSS? I THINK YES. OKAY. UM, I'M GONNA OPEN IT UP TO COUNSEL. MADAM MAYOR, I MOVE THAT. COUNSEL, APPROVE THE REQUEST FROM COLONEL SAMUEL R. MILLER, VFW POST 1860. COMMANDER JEFFREY D. COOK FOR RELIEF OF PARKING REQUIREMENTS AT 6 5 4 DASH B WEST 11TH STREET TAX MAP, TWO ZERO A ONE DASH TWO DASH THREE DASH THREE AND FOUR. OKAY, THERE'S A MOTION A SECOND. IS THERE ANY DISCUSSION FOR DISCUSSION? MADAM MAYOR, I WOULD JUST LIKE TO ACKNOWLEDGE THE, UM, WORK THAT HAS GONE IN BY STAFF AND PLANNING COMMISSION ON THIS. I WAS PART OF THE INITIAL COUNSEL THAT APPROVED THE SHORT TERM RENTALS AND PARKING HAS BEEN AN ONGOING CONSISTENT [00:30:01] ISSUE SINCE WE DID THAT. UM, AND PARKING HAS BEEN AN ISSUE SINCE BEFORE I WAS BORN IN FRONT ROYAL, HONESTLY. UM, AND MOST OF THE GENERAL PUBLIC AND STAFF AND THE PLANNING COMMISSION KNOW HOW I FEEL ABOUT PARKING. I'VE WAS BORN AND RAISED HERE. MY BROTHER IS A MEMBER OF THE VFW HERE. HE PROBABLY MAKES THAT 76 AGE A LOT LOWER AT BEING 40 AND BEING A MEMBER FOR THE LAST 15 YEARS. UM, BUT I JUST, THE SAME THING GOES WITH MAIN STREET AND TRYING TO REGULATE BUSINESSES AND WHAT HAPPENS DOWN THERE IN THE SHORT TERM RENTALS ON THAT LITTLE STRETCH OF CHESTER STREET, I JUST FEEL LIKE, YOU KNOW, MAYBE IT'S BECAUSE I'VE DEALT WITH IT MY ENTIRE LIFE, BUT IF YOU CAN'T FIND A PARKING SPACE, YOU HAVE TO WALK A LITTLE BIT. AND, UM, JUST LIKE THE SHORT TERM RENTALS, ALL OF THAT AREA OF WHAT'S CONSIDERED THE VILLAGE, YOU CAN PARK ON THE STREET, UM, ACTUALLY A LOT OF THE HOUSES ARE STREET PARKING ONLY, SO THERE'S NOTHING THAT LEGALLY WOULD PROHIBIT, UM, SOMEONE VISITING THE VFW FROM PARKING ON STREET PARKING THROUGHOUT ANY OF THAT RESIDENTIAL AREA. UM, AND JUST WALKING A LITTLE WAYS TO THE VFW TO VISIT IT. UM, UNFORTUNATELY, I FEEL LIKE THE ABSENCE OF THE VFW IN FRONT ROYAL AND WARREN COUNTY IS EXPEDITING THE DECLINE OF MEMBERSHIP BECAUSE, UM, YOU KNOW, LIKE I SAID, AS SOMEBODY WHO HAS A YOUNG FAMILY MEMBER WHO'S A VETERAN OF FOREIGN WARS AND SPENT MANY HOLIDAYS THERE WHEN HE WAS IN TOWN FROM DEPLOYMENTS, UM, THEY CHOOSE TO BE SURROUNDED BY PEOPLE WHO THEY CAN RELATE TO VERSUS THEIR FAMILY, UM, DURING SPECIAL TIMES AND WITHOUT THEM HAVING ANYWHERE TO CONGREGATE, WHETHER IT BE TO HAVE A BEER OR A SANDWICH OR JUST FOR FELLOWSHIP, UM, IT'S REALLY SAD AND DISHEARTENING. AND I'M VERY FRUSTRATED AT SOME OF THE OTHER COMMUNITY MEMBERS THAT HAVE NOT BEEN WILLING TO WORK WITH THE VFW. AND I HOPE THAT THEY ARE SHAMED, DESPITE THE FACT THAT NONE OF THE SPEAKERS HERE TONIGHT SHAMED THEM. UM, AND I DO AGREE AND WAS GOING TO ECHO THE EXACT SENTIMENT THAT MIKE MCCOOL STATED, THAT IF THERE'S AN ORGANIZATION THAT WE SHOULD BEND OVER BACKWARDS FOR IT, IS THIS ONE IN PARTICULAR. UM, AND THIS IS CONSISTENT WITH MY VIEWS ON COUNSEL, THAT, UM, UNTIL WE CAN UNDERSTAND AND REWRITE THE PARKING ORDINANCES, WE HAVE TO GRANT EXCEPTIONS. OKAY. THANK YOU. ANY OTHER COUNCIL MEMBERS WISH TO SPEAK? UH, MADAM MAYOR, I'D JUST LIKE TO ADD, UH, TO, YOU KNOW, THE PERIMETERS OF A, OF A SPECIAL USE PERMIT. I MEAN, IT'S, IT IS JUST THAT IT IS A SPECIAL USE PERMIT. SO THE PERMIT, UM, YOU KNOW, IS JUST FOR THIS EXCEPTION OF PARKING. SO I WOULD JUST LIKE TO ADD THAT UNLESS THAT USE CHANGES, I MEAN, IF THE BFW IS THERE FOR, UH, A COUPLE YEARS OR FIVE YEARS, I MEAN, MY, MY HOPE IS THAT IF THEIR GOAL IS TO MOVE ON TO BIGGER AND BETTER THINGS, THEN, THEN SO BE IT. THAT'D BE ALL FOR THAT. BUT SHOULD THE OWNERSHIP OF THE PROPERTY CHANGE HANDS, AND IF IT, IF THE NEW OWNERSHIP, UH, DOESN'T FOLLOW THE SAME PATH OF USE, THEN OF COURSE THIS WOULD, YOU KNOW, THIS WOULD NO LONGER BE IN EFFECT. SO I JUST WANNA MAKE SURE EVERYBODY WAS AWARE OF THAT. UH, JUST FOR THE SAKE OF ALSO SOME OF THE, UM, UH, YOU KNOW, SPEAKERS THERE HAD ALLUDED TO, YOU KNOW, THE LENGTH OF TIMER, THEY MIGHT BE THERE, BUT I WISH THE, UH, VFW ALL THE BEST. AND I, I KNOW THAT IT'S BEEN A STRUGGLE SINCE, UH, AT LEAST SINCE I'VE LIVED HERE, FOR THEM TO TRY TO, YOU KNOW, GET A BRICK AND MORTAR, UH, SETTING. SO, UM, YOU KNOW, AS, AS, AS SOMEBODY WHO'S, WHO'S, UH, UM, GRANDPARENTS AND YOU, I'VE SERVED IN THE COUNTRY, SERVED WORLD WAR II FOR THAT MATTER. UM, YOU KNOW, I'D, I'D SEE WHAT THE VF DEPUTY DOES FOR THE COMMUNITY. SO WISH THESE GUYS ALL THE BEST. THANK YOU. ANY OTHER COUNCIL MEMBERS WISH TO ADD TO THE DISCUSSION? OH, I, I WAS JUST GOING TO SAY THAT, YOU KNOW, IT'S KINDA WEIRD. WE'RE SORT OF FULL CIRCLE HERE WITH ME. UH, BACK IN 2015, UH, WE WERE HAVING A, WE HAD AN EVENT, UH, SCHEDULED FOR A FRIEND OF MINE WHO HAD PASSED AWAY DOWN AT, UH, THE VFW ON THAT DAY. AND, UH, SO I HAD, UH, MY COOLER AND EVERYTHING WAS PACKED, AND WE WERE ON OUR WAY DOWN THERE. AND WHEN I GOT THERE, THE FIRE TRUCKS WERE THERE AND, UH, UH, WE COULDN'T GET IN. AND, UM, YOU KNOW, IT WAS A REAL TRAVESTY, UM, THAT, YOU KNOW, SOMETIMES BAD THINGS HAPPENED, BUT I'M, I'M GLAD THAT, THAT, THAT, UH, YOU FOLKS COULD FIND A PLACE. UM, I'M ON BOARD WITH, WITH, UH, WITH WHAT YOU HAVE PROVIDED MR. COOK. [00:35:01] AND, UH, I LOOK FORWARD TO, UH, YOU HAVE IN YOUR ASSEMBLY HALL DOWN THERE. TAKE CARE. IF THERE'S NO OTHER DISCUSSION, IT SOUNDS LIKE WE'RE READY FOR ROLL CALL MS. PRESLEY. COUNCILMAN WOOD? YES. YES. VICE MAYOR VIAL? YES. COUNCILMAN SEA LOCK'S ABSENT. COUNCILMAN RAPPAPORT? YES. COUNCILMAN INGRAM? YES. COUNCILMAN D DEMON PAYNE? YES. MOTION PASSES. WE WISH YOU, WISH YOU, UH, I KNOW, UH, YOU'VE WORKED HARD. YOU HAVE A LOT TO BE PROUD OF. OKAY, SO ITEM [7.B. Receive Public Input Pertaining to the Town Vacating a Portion of Kibler Street] SEVEN B IS THE PUBLIC HEARING TO RECEIVE PUBLIC INPUT PERTAINING TO THE TOWN VACATING A PORTION OF KIBBLER STREET. THE SUMMARY IS, I'M GONNA DO IT FOR YOU, MS. PRESLEY. PURSUANT TO VIRGINIA CODE 15.2 DASH 2 0 6, COUNSEL WILL RECEIVE INPUT FROM THE PUBLIC PERTAINING TO AN APPLICATION RECEIVED FROM THE OWNER OF REXFORD APPLE CONTRACTORS INCORPORATED, REQUESTING THAT THE TOWN VACATE A 180 SQUARE FOOT PORTION OF KIBBLER STREET ABUTTING TWO 19 EAST SEVENTH STREET. ADOPTION OF A CONDITIONAL STREET VACATION ORDINANCE WILL ALLOW THE APPLICANT TO PURSUE THE PURCHASE OF THE VACATED PORTION, AND A LOT CONSOLIDATION NECESSARY TO COMPLY WITH TOWN BUILDING SETBACK REQUIREMENTS THAT JOINING PROPERTY OWNERS HAVE BEEN NOTIFIED. SO WE'LL START OFF WITH STAFF. OKAY. ALL RIGHT. SO THIS IS THE REQUEST AT TWO 19 E 17TH OR SEVENTH STREET. UM, IT IS A TWO FOOT BY 90 FOOT PORTION OF THE, UH, KIPLER STREET ALLEY. UM, THAT WOULD ALLOW THE APPLICANT'S LOT TO MEET OUR TOWN. OUR SETBACKS, UH, SO IN THIS INSTANCE, UM, THE APPLICANT CAME INTO ZONING. WE APPROVED AN ALTERATION OF THE EXISTING STRUCTURE. UM, ACCORDING TO THE APPLICANT, THE PINS WERE MOVED. ZONING IS THE BEGINNING AND THE END OF THE PROCESS. SO WE APPROVED THE BRIDGE, THE USE OF IT, THE SETBACKS, AND THEN WE DON'T SEE IT AGAIN UNTIL THE END IF IT'S A NEW STRUCTURE. AND IN THIS CASE, WE APPROVED AN ALTERATION. UM, THIS APPLICANT WENT TO THE BOARD OF ZONING APPEALS BECAUSE THE STRUCTURE WAS BUILT 9.6 INCHES APPROXIMATELY INTO THE SETBACK. THE BOARD OF ZONING APPEALS DENIED IT. UM, THIS WAS A POTENTIAL REMEDY TO THAT SITUATION. ANY QUESTIONS? ANY QUESTIONS FROM COUNSEL? MS. KAKI, WHAT WAS THE ORIGINAL USE WHEN THE APPLICANT CAME TO YOU? UH, A RE IT WAS A RESIDENTIAL USE. SO IT WAS A RESIDENTIAL STRUCTURE. IT IS IN A COMMERCIAL ZONE. UM, TO MY KNOWLEDGE, THE USE HAD BEEN DISCONTINUED. UM, BUT I CAN'T, I CAN'T VERIFY THAT OFFHAND RIGHT NOW. DISCONTINUED AS A RESIDENCE OR DISCONTINUED AS COMMERCIAL? I BELIEVE THAT IT WAS VACANT. UM, I DON'T KNOW THAT IT WAS, WAS EVER USED AT A COMMERCIAL CAPACITY. THAT USE OR THAT STRUCTURE PREDATES THE ZONING ORDINANCE. OKAY. SO, UM, I WOULD HAVE TO CHECK THE RECORDS TO SEE HOW LONG PRIOR TO THIS APPLICANT PURCHASING IT, THERE WAS A UTILITY. BUT THIS DIDN'T, THIS START OUT AS A RENOVATION. IT STARTED OUT AS A RENOVATION. THERE WAS AN ALTERATION TO THE EXISTING AS A RENOVATION. WAS THE HOUSE IN COMPLIANCE WITH THE SETBACKS OR IT WAS LEGALLY NON-CONFORMING AT THAT POINT? LEGALLY AS GRANDFATHERED, ESSENTIALLY? YES. OKAY. THANK YOU. ANY OTHER QUESTIONS FOR STAFF AT THIS TIME? OKAY. OH, SORRY. I JUST WANTED TO ASK, UM, MS. KAKI, UH, SO THAT THE, THE, SO THAT THE PEOPLE UNDERSTAND AT HOME, WHAT WERE THE REASONS FOR THE, THE, THE PROBLEMATIC, UH, UH, OCCURRENCE THAT, THAT THAT OCCURRED? SO WITH US, IF IT'S A NEW STRUCTURE, WE WOULD'VE REQUIRED A FOUNDATION LOCATION SURVEY THAT WOULD'VE, WE WOULD'VE MADE SURE THAT FOUNDATION MET OUR SETBACKS. UM, JOHN WOULD'VE GONE OUT AND, AND LOOKED AT IT. UM, IN THIS INSTANCE, BECAUSE IT WAS AN ALTERATION, ONCE WE APPROVE THE LOCATION [00:40:01] ON PAPER, UM, IT GETS KICKED OVER TO BUILDING, BUILDING. THEY GO THROUGH THE PERMITTING PROCESS THERE. AND THEN, UM, TYPICALLY IT COMES BACK IF, IF THEY NEED A CO. UM, BUT IN THIS INSTANCE IT WAS JUST AN ALTERATION. SO TYPICALLY WE DON'T GO BACK. OKAY. ANY OTHER QUESTIONS FROM COUNCIL FOR STAFF? OKAY. UM, JUST TO CLARIFY, BUILDING AT, AT THE COUNTY? CORRECT. OKAY. SO AT THIS TIME, THE APPLICANT HAS AN OPPORTUNITY TO SPEAK IS APPLICANT. UH, WE NEED, WE NEED TO, TO EVERYONE. UH, MY NAME IS CARLOS MCHA. I'M HERE FOR, UH, TWO 19 EAST SEVENTH STREET. UM, IN MARCH 23RD, 2023, I SUBMIT APPLICATION TO ADD A SECOND STORY IN AND EN LARGE FOOTPRINT OF THE BUILDING. AFTER SEVERAL MEETINGS WITH THE FLOW FOR THE, WITH THE SEWING DEPARTMENT, I WAS INFORMED THAT THE ENTIRE BUILDING MUST FULLY COMPLY WITH THE FLOATING FLOOD, FLOATING SEWING ORDINANCE. THIS MEAN THAT I HAD TO INSTALL FOUR FLOOD VANS PLACED ON DIFFERENT SIDE OF THE BUILDINGS, THE ELEVATION OF THOSE FLOOD VANS, IT HAS TO BE A FULL ABOVE THE GRID. ONCE I, UH, I OBTAINED THE NECESSARY PERMITS, I PROCEED WITH THE DEMOLITION. DURING THIS PROCESS, I DISCOVERED THAT THE EXISTING HOUSE DID NOT HAVE ANY FOUNDATION AT ALL. GIVEN THIS REVELATION, I DECIDED TO MOVE FORWARD WITH THE CONSTRUCTION OF NEW, OF NEW FOUNDATION. THIS, BECAUSE I, I WAS ASSUMING THAT I HAVE THE IMPRESSION THAT THE SURVEY WAS ONLY REQUIRED AT THE BEGINNING AND AT THE END OF THE PROJECT. AND DURING THIS PROCESS OF THE, OF THE CONSTRUCTION OF THE FOODING, THE CION, UM, WE LOST THE PAINT. WE LOST BASICALLY THE LINE. AND, AND, UM, I GOT THE, I GOT THE, THE, THE BUILDING SPIRIT COMING. AND HE SAYS, OKAY, EVERYTHING IS OKAY. I SHOW THE DRAWINGS. AND HE SAYS, OKAY. SO THEN AFTER THAT, I GOT THE WALL INSPECTION, EVERYTHING WAS OKAY. AND THEN INSPECTION, AFTER INSPECTION, AFTER INSPECTION, I NEVER HAD ANY ISSUES. ONCE I HAD THE FINAL, UH, INSPECTION, I, I CALLED THE SURVEY GUY BECAUSE I'VE BEEN TOLD I HAD TO GET A SURVEY. AND IN THAT MOMENT, I, I REALIZED, UM, I GOT PROBLEMS. AND AT, I, I DON'T, I, I, I DIDN'T MEAN TO TAKE ADVANTAGE OF ANYONE. I, I DON'T WANT ANY PROBLEMS WITH NO ONE. UM, IT WAS A MISUNDERSTANDING OF IN MY, IN MY SIDE, I GUESS, UM, IN THE PROCESS, I, I DON'T, DON'T KNOW EXACTLY IF, IF I HAD BEEN TOLD, YOU KNOW, SEE, SOMEONE SAID TO ME, CARLOS, YOU NEED TO HIRE A SERVER FOR THE, FOR THE FOOD PART. AND I SAY, OKAY, PERFECT. SO, BECAUSE I, MY, MY MAIN CONCERN WAS JUST TRYING TO MEET THE CODE FOR THE FLOATING, FLOATING ZONE. 'CAUSE IF IT HAD TO, IN ORDER TO MEET THE FLOATING ZONE, UM, ORDINANCE, I GOT A RAISE ENTIRE BUILDING. AND THERE IS NO FOUNDATION AT ALL. I GOT PICTURES PROVING THERE IS, THERE'S ONLY JUST ROCKS. THE BUILDING WAS JUST SITTING ON ROCKS AND BASICALLY THE BACKSIDE OF THE BUILDING. AND I'VE BEEN TOLD THERE'S NOT EVEN BUILDING PERMIT FOR THAT, FOR THAT SECTION. SO THAT WAS BASICALLY THE STORY. AND I'M SORRY FOR HAVING THIS ISSUE TO EVERYONE. IT WASN'T NOT MY INTENTION TO, TO, YOU KNOW, BUYING NOTHING FROM YOU GUYS. AND, AND THE FACT I HAVE, I I, I TRIED TO MEET ALL THE CODE AND ACTUALLY I HAVE A LINE THERE TO, TO TRY TO, I SAID TO THE FOUNDATION, UH, THE GUY WHO WAS I HIRED TO DO THE FOUNDATION, I SAID, LOOK, WE GOTTA PUT THE HOUSE RIGHT WHERE IT WAS SUPPOSED TO BE. AND WE, I TRIED, BUT CLEARLY I MISSED FOR A COUPLE INCHES. AND, AND THAT'S THE REASON I'M HERE. AND ONCE AGAIN, I'M SO SORRY FOR, FOR THIS INCONVENIENCE. OKAY. THAT'S OKAY. IF YOU JUST HANG TIGHT FOR A SECOND, WE'RE JUST GONNA SEE IF ANYBODY HAS ANY QUESTIONS. I I'M GONNA START, I HAVE A QUESTION. SO WHO, SO I'M JUST CURIOUS, THE PERSON THAT UNCOVERED THE PENS AND THEN MOVE THE PINS, RIGHT, THE EXCAVATOR. RIGHT. SO IS THAT THIS WAS SOMEBODY YOU HIRED? YES. YES. OKAY. WELL, UM, ONCE I STARTED DOING THE DEMOLITION, UM, AND I, I, I, UM, THIS, THIS, THIS WAS A VERY OLD HOUSE AND THE LOGS, IT WAS AN, UM, I BEEN TOLD, YOU KNOW, UM, IS, YOU KNOW, IS PRICEY. SO ACTUALLY THE, THE GUY WHO OWNED MARLOW HIGH DEALER, HE, HE, SAY IT AGAIN? MARLOW HYATT, THE GUY WHO OWNED THE MARLOW HIGH DEALER IS IN FRONT OF THE, OF THE HOUSE. OKAY, YEAH, YEAH, YEAH. HE SHOW UP THERE AND HE SAY, HEY, CALL CARLOS. CAN, CAN I WANT, CAN I HAVE THOSE, [00:45:01] YOU KNOW, COUPLE OF THOSE, UH, WOOD. I SAID, YEAH, PLEASE GO AHEAD. AND, AND ACTUALLY I ASKED HIM, CAN YOU PLEASE ALLOW ME TO PARK MY EQUIPMENT, MY, YOU KNOW, LUMBERS AND YOU PARKING LOT BECAUSE I, HERE, I DON'T HAVE NO SPACE, YOU KNOW, AND ALL THE DIRT FROM THE, FROM THE FOODING THAT BASICALLY COVERED OUT EVERYTHING. SO, AND BECAUSE IT, YOU GOTTA REMEMBER THE LOT IS VERY NARROW. MM-HMM . AND I HAD THE ALLEY THERE, AND I HAVE MY NEIGHBOR. OKAY. I, I GUESS I WAS JUST TRYING TO CLARIFY THAT SOMEBODY THAT YOU HIRED IS REALLY, QUITE FRANKLY, AT THE ROOT OF THIS PROBLEM BECAUSE THEY UNCOVERED THE PINS, WHICH, IF THEY'RE AN EXCAVATOR, THEY SHOULD HAVE KNOWN TO, YOU KNOW, THEY, THEY SHOULD HAVE KNOWN TO NOT PUT THE PIN SOMEWHERE ELSE THAT, YOU KNOW, IF THAT, BUT THAT'S, I JUST WANTED TO CLARIFY. THIS WAS SOMEBODY THAT YOU HIRED, IT WASN'T YOU YOURSELF. IT, IT WAS SOMEBODY ELSE. OKAY. NO, I GOT A PICTURE OF THE INVOICE, UH, THE, THE CONTRACTOR WHO I HIRED. AND LIKE I SAID, ONE SECOND, I'M NOT TRYING TO CUT ANY CORD. I'M NOT TRYING TO BUY ANYTHING. I DON'T WANT ANY, ANYTHING MORE TROUBLE. BUT HERE I AM TRYING TO, YOU KNOW, FACE I UNDERSTAND THIS, THIS ISSUE. OKAY. I WAS JUST, I JUST MAKES ME FEEL BETTER KNOWING THAT IT WASN'T YOU THAT DID IT, IT WAS SOMEBODY ELSE THAT DID IT. SO, ANY QUESTIONS FROM COUNSEL FOR THE APPLICANT AT THIS TIME? NO. REALLY? OKAY. ALRIGHT. WE, WE MIGHT GET BACK WITH YOU IN A MINUTE. OKAY. THANK YOU. THANK YOU SO MUCH. SURE. SO I'M GOING TO, UM, OPEN UP THE PUBLIC HEARING. MS. PRESLEY, HAS ANYONE SIGNED UP TO SPEAK? WE, WE DO. WE HAVE THREE. MIKE MCCALL. OKAY. THANK YOU MAYOR AND COUNCIL. MIKE MCCOOL, SIX 13 NORTH COMMERCE. I OWN THE PROPERTY, UH, SOMEWHAT ADJACENT TO THIS PROPERTY HERE. THIS, NOTHING AGAINST THE PERSON THAT'S BUILT THIS HOUSE. HE DID A GREAT JOB. ALRIGHT. IT'S A GREAT PROPERTY. THE QUESTION IS, IS THAT PROPERTY HAD BEEN THERE, IT'S NON-CONFORMING IN A FLOOD ZONE. ACTUALLY, IT'S DR. GARRISON'S SURGICAL HOUSE THAT USED TO SIT OVER HERE NEXT TO HIS PROPERTY. IT'S A LOG CABIN. AND, UH, WHEN YOU REMODEL PROPERTY THAT'S IN A FLOODWAY THAT'S NON-CONFORMING, IT HAS TO, YOU CAN, THE ORDINANCE SAYS YOU CAN SPEND 50% OF THE VALUE. I THINK LAUREN WILL SAY IT'S ACTUALLY IN THEIR APPLICATION, IT SAYS THAT YOU'RE ALLOWED TO SPEND 50% OF THE VALUE. MY RECOLLECTION IS THAT THE HOUSE HAD AN ASSESSMENT OF $66,000. SO THAT MEANS THEY COULD HAVE BEEN ABLE TO SPEND $31,000 TO REMODEL THIS HOUSE. UH, THE GENTLEMAN THAT I UNDERSTAND, HE'S A CONTRACTOR, HE SHOULD KNOW, UH, BUILDING REQUIREMENTS. SO WHEN YOU DISCOVERED THAT THE FOUNDATION WAS INADEQUATE, YOU WOULD GO BACK AND REEVALUATE IT. I HAD MULTIPLE TALKS WITH, UM, LAUREN ABOUT THIS ALL THROUGH THE STAGES, WHICH I THOUGHT WAS NOT A PROPER PROCESS. AND, UH, SHE KEPT SAYING, SHE LOOKED INTO IT. SO THE WAY THEY ORIGINALLY STARTED, IT WAS FINE, THEN TOOK, UNTIL THEY DECIDE TO EXPAND THE SIZE OF THE PROPERTY AND THE SCOPE OF THE PROPERTY TO MAKE IT A NEW CONSTRUCTION. THE UNDERLYING ISSUE IS, THIS IS ZONE C ONE. THIS PROPERTY THAT WAS VACANT HAD BEEN VACANT FOR MORE THAN TWO YEARS. AND ACCORDING TO OUR ORDINANCE, THAT NONCONFORMING USE HAS GONE AWAY. IT HAS TO GO BACK TO THE ORIGINAL ZONING C ONE. SO NOTHING WRONG WITH THIS PROPERTY, AS LONG AS IT'S A C ONE PROPERTY. IF YOU VACATE, YOU KNOW, IF YOU'VE CHANGED SOME SETTINGS, IT STILL HAS TO BE A C ONE PROPERTY, NOT AN R ONE PROPERTY. IF IT'S AN R ONE PROPERTY AND A C ONE, WE KNOW THAT'S NOT, THAT'S NOT GOOD. I LOOK AT IT AS DEVALUING MY PROPERTY. AND SO, AND I'M SURE OTHER PEOPLE THAT OWN PROPERTY THERE WOULD FEEL THE SAME WAY TO HAVE RESIDENTIAL PROPERTY IN YOUR BACK, IN YOUR COMMERCIAL PROPERTY, IN YOUR LOT. OKAY, SO THERE'S A COUPLE DIFFERENT PROBLEMS. THE ZONING IS THE BIG ISSUE, THE SETBACKS. ANOTHER, UH, I WAS ON THE BOARD OF ZONING APPEALS FOR MANY, MANY YEARS, AND WE HAD MANY INSTANCES WHERE CONTRACTORS WOULD BUILD TOO CLOSE AT A PROPERTY LINE. AND ONE OF THE THINGS THAT WE INSTITUTED WAS THIS ZONING OR THIS, UM, SURVEYING REQUIREMENT PRE AND POST. IT'S REQUIRED FOR ALL NEW CONSTRUCTION IN THE CODE FOR THE TOWN AND THE COUNTY. SO, AND ANY CONTRACTOR SHOULD KNOW THAT IT'S ALL PRETTY MUCH STATEWIDE. SO THE IDEA WAS YOU NEVER BUILD ANYWHERE JUST BY A GUESS. YOU KNOW, IT'S THE OLD SAYING, YOU MEASURE TWICE, YOU CUT ONCE. RIGHT? SO, YOU KNOW, I THINK THAT THE ISSUE IS GOING TO BE, UH, TO ME THAT ALL THROUGH THE PROCESS, LEMME TELL YOU WHAT I KNOW THE PLANNING DEPARTMENT DOESN'T WANNA DO IT, BUT THE REAL CULPRIT HERE IS THE COUNTY OF WARREN, THE BUILDING DEPARTMENT. THEY ARE THE PROBLEM. THEY ISSUED A PERMIT FOR A, A BRAND NEW RESIDENTIAL PROPERTY IN A C ONE ZONING WITH NO ZONING PERMIT. THE ZONING PERMIT WAS FOR A NON-CONFORMING USE OF A [00:50:01] BUILDING THAT WASN'T SUPPOSED TO BE EXPANDED, BUT THEY WENT AHEAD AND DID IT. I ALSO WENT DOWN TO HER AS THEY STARTED THE CONSTRUCTION. I MADE MULTIPLE TRIPS DOWN THERE, AND SHE DID, SHE TRIED TO WORK WITH THE COUNTY AND, AND TRYING TO GET THIS THING RESOLVED. THEN ALL OF A SUDDEN, NEXT DAY PUBLIC WORKS GOES AND CONNECTS UTILITIES TO A, WHAT I CONSIDER AN ILLEGAL STRUCTURE. SAID, DID YOU CHECK? THANK YOU MR. MCCOOL. I'M SORRY. I'M SORRY. I'M JUST GONNA, I'M SORRY. I THINK WE'VE THE TIME'S UP AT THIS POINT. SORRY, THREE MINUTES. RIGHT? DID YOU, I DON'T KNOW IF YOU HEARD IT FRAME OR NOT. YEAH, I JUST HEARD A DING. SORRY. SORRY ABOUT THAT. WELL, THERE'S A LOT OF UN THERE'S A LOT OF OTHER ISSUES THAT GOES ON. AND YOU GOTTA, THIS IS THE PROBLEM. WE DO NOT INSPECT WHAT WE EXPECT. MR. PRESLEY, WHO ELSE HAS SIGNED UP? DMITRI? I'M SORRY, I DON'T KNOW HOW TO PRONOUNCE YOUR LAST NAME. NICE TO SEE EVERYONE. I OWN COMMERCE SQUARE, WHICH IS 6 21 TO 6 37 HERE ON NORTH COMMERCE AVENUE. AND IF YOU LOOK AT THE HIGHLIGHT OF PORTION THERE IN ORANGE, ACTUALLY THAT'S MY PARKING LOT. THAT KIND OF LOOKS LIKE AN NAIL. I MEAN, MY BACK PART OF MY LIFE THAT HITS KLER STREET. AND THEN OF COURSE I HAVE THE OLD, THE OLD ANGEL DAYCARE THAT WAS THERE. IT'S NOW A NAIL SALON, A BARBERSHOP, A VERY GOOD BARBERSHOP. AND I'M, I'VE BEEN TRYING TO BEAUTIFY THE PROPERTY. MS. CAMACHO IS A GOOD NEIGHBOR. I'VE GOT NOTHING AGAINST HIM. HOWEVER, WHEN I BOUGHT THIS PROPERTY, I, I, I BECAME INVESTED IN THE TOWN OF, FOR ROYAL. I WASN'T HERE TO BUY IT AND FLIP IT. I'M HERE TO BUY IT AND IMPROVE IT. AND I HAVE, THE PROBLEM IS I HAD ALL SORTS OF VEHICLES AND DIFFERENT THINGS PARKED IN THE BACK PART OF MY LOT WHERE THE CHILDREN WERE PLANNED. I HAD TO CALL NUMBERS ON THINGS. I HAD TO CALL TOWS. I HAD TO CALL THE POLICE. MR. CAMACHO CAME IN AND DID A NICE JOB. HERE'S THE PROBLEM. KIBBLER STREET IS NEGLECTED TODAY. IF YOU ALLOW HIM TO TAKE OVER THE PROPERTY, NO OFFENSE TO HIM. I DON'T KNOW HOW AN EMERGENCY VEHICLE GETS IN THERE, A FIRE TRUCK. NOW I PUT A FENCE BACK THERE. I JUMPED THROUGH EVERY HOOP I NEEDED TO JUMP THROUGH AND PAID AN EXORBITANT AMOUNT TO HAVE A FENCE THERE BECAUSE I FOLLOWED THE RULES. IF YOU CAN IMAGINE RIGHT NOW, HE'S GOT AN RV PARKED THERE. I INVITE EVERYONE TO GO THERE TONIGHT AND TAKE A LOOK. YOU WILL NOT GET AN EMERGENCY CAR VEHICLE IN THERE. YOU HAVE A DEATH TRAP IN THERE. FURTHERMORE, WHAT YOU'RE DOING IS YOU'RE BASICALLY ABANDONING ALL OF KLER STREET AND YOU'RE GONNA TURN IT INTO AN ALLEY. AGAIN, IT'S NO OFFENSE TO HIM, HE BOUGHT A BEAUTIFUL HOUSE THERE. IT DOESN'T REALLY MATTER TO ME THAT IT'S OUR, IF IT'S WHATEVER IT IS, HE DID A NICE JOB. HOWEVER, WE ALL NEED TO FOLLOW THE RULES, BUT WE NEED TO THINK OF SAFETY. I'VE BEEN A PERSONAL INJURY LAWYER FOR 33 YEARS. I'M, I'M NOT TRYING TO ADVERTISE THAT, BUT I WILL TELL YOU, I'VE SEEN THE CATASTROPHE A FIRE WILL CAUSE. AND IF EMERGENCY VEHICLES CAN'T GET THERE, ONCE HE GETS THAT PROPERTY, I DON'T KNOW WHAT HE'S GONNA DO. BUT I DON'T KNOW WHAT HIS RENTERS ARE GONNA DO. I, I, I SENSE THAT HE'S A BUYER AND A FLIPPER. OKAY? I'M HERE FOR GOOD. AND I CAN TELL YOU WE'RE WORKING TO MAKE THE PLACE MORE BEAUTIFUL AND SAFE. SAFETY MATTERS. DON'T ABANDON KIBBLER STREET ACROSS FROM KIBBLER STREET BEHIND THE DEALERSHIP. THAT LARGE TOWING COMPANY THAT WORKS FOR THE COUNTY IS GOING TO RELOCATE THERE. IT'S GOING TO GET A LOT BUSIER. LORD KNOWS WHAT'S GONNA HAPPEN THERE. I I URGE YOU, DON'T ABANDON KIBBLER STREET BY GIVING THEM THAT PROPERTY. YOU'VE GIVEN RID OF KIBBLER STREET. 'CAUSE I'LL BE THE NEXT PERSON IN HERE ASKING FOR THE OTHER PART. AND I DON'T WANT TO DO THAT. I WANT TO KEEP IT A STREET AGAIN. UM, JUST A FEW OTHER THINGS. UM, UH, THERE MUST BE OTHER REMEDIES FOR HIM AS I TALKED TO HIM EARLIER. HE WANTS HIS PROPERTY FREE. HE WANTS TO BE ABLE TO DO WHAT HE WANTS. I DON'T DISPUTE THAT. I JUST DON'T WANT HIM TO TURN KIBBLER STREET INTO AN ABANDONED ALLEY. THANK YOU FOR YOUR TIME. THANK YOU. MS. PRESLEY. IS THERE, UM, DOUG NAPIER? I'M DOUG NAPIER. I LIVE AT 1 9 5 PARKRIDGE COURT, UM, FOR OIL. UM, AND I'M HERE TO SPEAK ON BEHALF OF, UH, REVEREND CAMACHO. UM, YOU KNOW, MOST OF THE, UH, FACTS OF THIS CASE, SO I'M NOT GONNA BELABOR IT, BUT JUST A COUPLE OF THINGS I DO, UH, WISH TO POINT OUT. UM, THIS PROPERTY IS IN THE FLOODPLAIN, UH, WHICH WILL LIMIT, UH, WHAT CAN AND CANNOT BE DONE, UH, IN THE FUTURE SIMPLY FROM A, A COST, UM, STANDPOINT. UM, REVEREND CCHO, UM, I'M JUST, HE, HE'S A, UM, MINISTER, A PASTOR OF THE SPANISH SPEAKING CHURCH THAT'S [00:55:01] LOCATED IN FIRST BAPTIST CHURCH. AND THAT'S HOW I MET HIM. I DIDN'T KNOW HIM BEFORE THAT, BUT I WAS ASKED BY A MEMBER OF MY CHURCH IF I WOULD TALK TO HIM AND SEE IF I COULD HELP HIM OUT. UM, HE, UH, DID APPLY FOR A VARIANCE WITH THE BOARD OF ZONING APPEALS. THEY TIED, UH, TWO, UH, TWO, UH, TO GRANT HIM THE VARIANCE. TWO TO DENY HIM THE VARIANCE. AND BECAUSE IT WAS A TIE VOTE THAT ENDED UP IN A DENIAL. UM, SO HE DID TRY, UH, AN ADMINISTRATIVE REMEDY, UNFORTUNATELY THAT, UH, DID NOT WORK. UM, POINT OUT TO, HE REPLACED A BLIGHTED STRUCTURE, WHICH WAS FALLING IN, UH, WITH A NEW HOUSE. UH, THAT DOES INCREASE THE TAX BASE. IT DOES INCREASE THE, UH, VALUE OF THE PROPERTIES AROUND THERE. UH, MR. CAMACHO ONLY NEEDS, UH, REVEREND CAMACHO ONLY NEEDS A LITTLE MORE THAN NINE INCHES. THE REASON HE ASKED FOR TWO FEET WAS SO THAT HE COULD PUT A FENCE, UH, BETWEEN, UH, HIS PROPERTY AND KLER STREET, UH, JUST TO, FOR SAFETY REASONS. UH, KLER STREET, AS YOU ALL KNOW, UH, IT'S CALLED A STREET, BUT IT'S REALLY AN ALLEYWAY. UM, EVEN IF, UH, TWO FOOT, UH, UH, PIECE OF PROPERTY, UH, WAS, UH, SOLD, UH, BY THE TOWN TO HIM, THAT WOULD STILL LEAVE A 30 FOOT RIGHT AWAY, WHICH I WOULD SUBMIT IS, UM, UH, MORE THAN ENOUGH ROOM FOR EMERGENCY VEHICLES OR ANYBODY ELSE TO BE IN THERE. MOST OF THE STRUCTURES THERE ARE, UM, ARE RESIDENTIAL. THEY'RE NON-CONFORMING. UH, MOST OF THEM HAVE BEEN THERE FOR A LONG, LONG TIME. UH, REVEREND CAMACHO, UM, UH, AS HE'S POINTED OUT, UM, MADE A MISTAKE. UM, HE'S OWNED IT. UM, HE DIDN'T REALIZE THE PINS, UH, WERE NOT IN THE RIGHT PLACE. UM, UM, HE DID NOT REALIZE HE NEEDED, UH, UH, THREE SURVEYS. HE THOUGHT HE NEEDED TWO. HE, HE HAD THE, UH, PROPERTY SURVEYED WHEN HE BOUGHT IT SO THAT HE WOULD KNOW WHERE HIS PROPERTY LINES WERE EXACTLY. AND, UH, HE HAD A SURVEY DONE AFTER THE HOUSE WAS COMPLETED, AND THAT'S WHEN HE FOUND OUT WHAT THE PROBLEM WAS. UM, SO HE'S NOT ASKING FOR, UM, BENEFIT FROM, THANK YOU, MR. NAPIER. THANK YOU, SIR. ANYBODY ELSE WHO WISHES TO SPEAK AT THIS PUBLIC HEARING? OKAY, I AM GONNA CLOSE THE PUBLIC HEARING. UM, NORMALLY I WOULD OFFER IF THE APPLICANT IS THERE ANYTHING ELSE YOU WANTED TO SAY? YOU GOOD? OKAY. UH, I'LL OPEN IT UP TO COUNSEL. I HAVE QUESTIONS FOR STAFF SINCE THE PUBLIC HEARING. UM, MS. CAPISH, UH, WE DISCUSSED THE ABILITY FOR, UM, ACCESS TO THE STREET AND FUTURE ROAD IMPROVEMENT PLANS FOR THE TOWN OF FRONT ROYAL WHEN THIS WAS BROUGHT UP AT A WORK SESSION. AND WE ASKED HOW THIS WOULD IMPACT ANY UPGRADES TO THE ROADS THERE. AND, UM, IT WAS MY UNDERSTANDING FROM THAT MEETING AND THE CONVERSATIONS THAT WE HAD THAT THIS WOULD NOT IMPACT THE ACCESSIBILITY OF THE ROADWAY. THERE WOULD JUST BE A BUMP OUT FOR THAT PORTION OF THE STREET IF WE, UM, WERE TO COME AND MAKE IMPROVEMENTS IN UPGRADES AND PAVING AT A LATER DATE. CORRECT. SO CAN YOU CONFIRM THAT THERE IS IN FACT ROOM FOR AMBULANCES, FIRE TRUCKS AND EMERGENCY PERSONNEL VEHICLES TO ACCESS THE STREET? SO TYPICALLY WHEN THE COUNTY REVIEWS AND PROVIDES US WITH COMMENTS, THE FIRE, UH, FIRE AND EMS REVIEWS IT. IN THE PAST, THEY'VE STATED THAT 18 FEET IS WHAT IS NECESSARY FOR, UM, A FIRE APPARATUS TO, UM, GO DRIVE ONE WAY DOWN THE STREET. AND HOW MANY FEET WOULD THERE BE IF THE APPLICANT WAS GRANTED THEIR REQUEST? UM, IT'S A 30 FOOT RIGHT OF WAY. SO IT WOULD BE 28 FEET. 28 FEET WOULD REMAIN? YES. SO IT SEEMS LIKE THERE'S NO LEGALITY OF WHERE THIS WOULD BE TURNING THIS INTO AN ALLEY VERSUS A ROADWAY OR FORCED VACATION. CORRECT? CORRECT. THANK YOU. MS. KAKI FENCES IN, IN COMMERCIAL DISTRICTS IS NORMAL. YEP. YES. OKAY. FENCES IN COMMERCIAL DISTRICTS ARE ALLOWED TO EXCEED SIX FEET, WHEREAS IN RESIDENTIAL THEY'RE ONLY ALLOWED TO BE SIX FEET. [01:00:01] OKAY. OTHER QUESTIONS FROM COUNSEL, UM, FOR STAFF OR THE APPLICANT BEFORE WE ENTERTAIN A MOTION? MADAM MAYOR, I BELIEVE I UNDERSTAND FROM MS. KAKI THAT, UM, YOU'VE TALKED TO PUBLIC WORKS, UH, ABOUT THIS, UH, IF WE ALLOW THE RIGHT OF WAY OR THE PURCHASE OF PART OF THE RIGHT OF WAY THAT THEY DID NOT SEE A PROBLEM. PUBLIC WORKS DID NOT COMMENT THAT THEY HAD ANY ISSUES WITH THAT. OH. SO WHEN WE GET THESE APPLICATIONS AND THEY GET ROUTED TO PUBLIC WORKS AND ENERGY SERVICES, THEY GO OUT ON SITE, THEY LOOK AT IT AND THEY SEND COMMENTS BACK PLANNING AND ZONING, COMPILES THOSE COMMENTS AND SENDS A MEMO UP TO THE TOWN MANAGER'S OFFICE AND THEN IT COMES TO YOU. SO NO COMMENTS, MEMORIES, NO COMMENTS. BASED ON THAT, I WOULD MOVE THAT COUNSEL APPOINT VIEWERS TO VIEW THE VACATION REQUEST FROM THE APPLICANT TO VACATE 180 SQUARE FEET OF KIBBLER STREET THAT ADJOINS TWO 19 EAST SEVENTH STREET, AND TO REPORT IN WRITING ANY INCONVENIENCE TO THE PUBLIC THAT WOULD RESULT FROM DISCONTINUANCE OF THE RIGHT OF WAY. OKAY. I, I BELIEVE MR. UH, I BELIEVE COUNCILMAN WOULD STATED THAT. DID YOU SAY I MOVE THE COUNCIL? YES. OKAY. THAT'S A MOTION. OKAY. I WANTED TO MAKE SURE. DID YOU CALL FOR A MOTION? I DIDN'T CALL FOR A MOTION, BUT IT'S OKAY. IT'S OKAY. IT'S OKAY. IT'S OKAY. OKAY. UM, SO BEFORE THERE'S A SECOND TO THE MOTION, WERE THERE ADDITIONAL QUESTIONS? WE CLOSE, YES. WE CLOSE THE PUBLIC HEARING, BUT WE CAN ASK QUESTIONS OF STAFF OR THE APPLICANT. UM, I'M ASSUMING THAT YOU ALL ASKED 'CAUSE YOU HAD SOME QUESTIONS. DO YOU HAVE A QUESTION? MY ONLY, I DID NOT HAVE A QUESTION FOR STAFF. IT WAS JUST A COMMENT FOR THOSE WHO ARE HERE TONIGHT AND THOSE WHO MAY BE WATCHING FROM HOME TO REITERATE, UM, THIS WAS NOT SOMETHING THAT THE TOWN'S PLANNING AND ZONING DEPARTMENT OR THE TOWN STAFF FELL SHORT ON. IT ALSO WAS NOT ANY FAULT OF THE APPLICANTS. UM, THIS IS SOLELY ON THE BACK OF THE COUNTY AT THIS POINT. UNFORTUNATELY. UM, THIS SHOULD HAVE BEEN DIRECTED BACK TO THE TOWN AND I WOULD WOULD LIKE TO MAKE IT ABUNDANTLY CLEAR, UM, THAT WE ARE HERE TONIGHT DOING DAMAGE CONTROL FOR AN ISSUE THAT THE TOWN DID NOT CREATE OR AID IN. MS. PRESLEY, YOU HAD A MADAM MAYOR. WE SHOULD HAVE A SECOND ON THE FLOOR BEFORE WE CONTINUE DISCUSSION. OKAY. I THOUGHT PEOPLE WERE STILL ASKING QUESTIONS. I DIDN'T REALIZE WE WERE DOING COMMENTS, SO, WE'LL, SECOND, IS THERE A QUESTION? IS THERE, I HAVE A, I HAVE, YOU SHOULD, YOU SHOULD GO AHEAD AND GET A SECOND MOTION SINCE THERE'S A MOTION. THERE'S A MOTION ON THE FLOOR. OKAY. MOTION. COUNCILMAN RAPPAPORT. UM, SECONDED IT. NOW, DID YOU HAVE DISCUSSION OR QUESTIONS? WELL, YOU KNOW, YOU CAN'T TURN THE CLOCK BACK UNFORTUNATELY WITH THIS, RIGHT? I MEAN, UH, YEAH, YOU COULD MAKE THE GUY MOVE THE BUILDING. YOU CAN, UH, YOU LOOK AT, UH, POTENTIALLY MAYBE THERE SHOULD HAVE BEEN A VARIANCE DONE. UH, BUT WE ARE WHERE WE ARE RIGHT NOW. UH, SO, YOU KNOW, MISTAKES HAPPEN. I MEAN, EVEN, EVEN THOUGH WE'RE IN THE 21ST CENTURY, MISTAKES HAPPEN. UH, SO I WANNA WANNA MOVE ON WITH THIS THING. I JUST WANTED TO MAKE THAT COMMENT. OKAY. YEAH. ANY OTHER DISCUSSION FROM COUNCIL? I JUST WANTED TO MENTION, UM, IT'S BEEN MY BELIEF THAT IN PAST INSTANCES OF ASKING FOR ALLEY VACATIONS, THIS FIRST TIME STREET HAS COME UP, BUT OUR PAST PRACTICE HAS BEEN TO APPOINT VIEWERS TO GO AND LOOK. AND IN LIGHT OF, UH, MS. KIKI'S COMMENT THAT WE RARELY RECEIVED, NO COMMENT BACK. UH, I THINK IT WOULD BE IMPROPER TO MOVE FORWARD WITHOUT HAVING INDEPENDENT VIEWERS LOOK AT THIS, UH, HOW IT COULD IMPACT ANY UTILITIES OR OUR RIGHT OF WAYS. THAT WAS MY, UH, REASON BEHIND MY MOTION. YEP. THANK YOU. ANY OTHER? I COUNSEL HAVE SUPPORTED APPOINTING VIEWERS TO EVERY ALLEY VACATION, UM, EVEN ONES THAT WEREN'T UNANIMOUS, JUST TO, UM, BE CONSISTENT IN WHAT WE HAVE DONE AS THIS COUNCIL HERE BEFORE YOU. UM, BECAUSE WE'VE HAD A RECORD NUMBER OF VALLEY VACATIONS, UM, AND THAT'S WHAT I WOULD'VE MOVED TO DO TONIGHT AS WELL. I WILL SAY UTILITIES, WE HAVE HEARD BACK IT IS NOT AFFECTED. AND TYPICALLY IN HISTORICALLY SPEAKING, WHEN PUBLIC WORKS DOES NOT COMMENT, THAT MEANS THERE IS NO CONCERN TO BE ADDRESSED. BUT I WOULD STILL ENTERTAIN, UM, HAVING AN INDEPENDENT VIEWER'S COMMITTEE TO ADDRESS ALL CONCERNS. AND, [01:05:01] UM, I CAN ONLY IMAGINE TO THE APPLICANT, I'M SORRY THAT YOU'RE HERE TONIGHT, HAVING TO EXPLAIN YOUR SINCERE APOLOGY AND NOT WISHING TO GET SOMETHING FOR FREE FOR SOMETHING THAT YOU DIDN'T CAUSE TO BE THE ISSUE. AND WHILE, NO, WE CAN'T TURN BACK TIME AND UNDO SOMETHING THAT WAS DONE WRONG BY SOMEBODY ELSE. I DO THINK ACCOUNTABILITY IS VERY IMPORTANT FOR THE DEPARTMENTS MOVING FORWARD. UM, TO ENSURE SOMETHING LIKE THIS DOESN'T HAPPEN AGAIN. I'LL COMMENT ON THAT. UH, OBVIOUSLY THERE, THERE IS PROTOCOL TO FOLLOW AND PROTOCOL SHOULD HAVE BEEN FOLLOWED AND IT WASN'T. AND WHERE WHEREVER THE BLAME LIES, YOU KNOW, THAT NEEDS TO BE LOOKED AT AND CORRECTED. HOWEVER, YOU KNOW, AT THIS POINT, YOU KNOW, PLAYING THE BLAME GAME IS, IS OFF THE TABLE, UH, THAT THAT'LL BE DEALT WITH. OUTSIDE THIS DIOCESE, I WAS EXTENDING THE APPLICANT EMPATHY BECAUSE IT SEEMS QUITE EGREGIOUS THAT HE'S HERE BEFORE US HAVING TO HAVE A PUBLIC HEARING FOR HIS PROPERTY. ABSOLUTELY. VICE MAYOR. SO, UM, IF THERE'S NO OTHER DISCUSSION, WE HAVE A MOTION ON THE FLOOR. MS. CAPISH, UH, IF, IF THIS MOTION PASSES AND WE APPOINT VIEWERS, WHICH WE'VE DONE BEFORE, OBVIOUSLY, UM, WILL THAT ALSO GIVE PUBLIC WORKS AN OPPORTUNITY TO, TO, TO LOOK AT THIS AGAIN TOO, JUST TO MAKE SURE, ESPECIALLY SINCE SOME OF THE QUESTIONS WOULD, UM, WOULD, UM, FIRE AND RESCUE LOOK AT THAT TOO, KNOW, HAVE NO NEED. I DON'T BELIEVE, I DON'T BELIEVE THAT THE VIEWERS CONTACT THE COUNTY. NO, THEY DON'T. I'M ASKING IF WE WOULD, WOULD OUR STAFF CLARIFY AGAIN, JUST TO MAKE SURE, SINCE THE PUBLIC HEARING TONIGHT BROUGHT INTO QUESTION SAFETY, UM, AND POSSIBLY I CAN VERIFY THAT ROAD WITH, WITH THE COUNTY. OKAY. YEP. OKAY. ANY OTHER DISCUSSION? OKAY. SO THE MOTION ON THE, ON THE FLOOR IS TO APPOINT VIEWERS. OKAY. MS. PRESLEY, ROLL CALL. COUNCILMAN WOOD? YES. VICE MAYOR VIAL? YES. COUNCILMAN C LOCK'S ABSENT. COUNCILMAN RAPPAPORT? YES. COUNCILMAN INGRAM? YES. COUNCILMAN DE DEMON PAYNE? YES. OKAY. MOTION PASSES TO APPOINT THE VIEWERS. THANK YOU. AND THERE IS LIKE A TIMEFRAME FOR THAT. UM, AND I CAN'T TELL YOU WHAT IT IS OFF THE TOP OF MY HEAD, BUT IT'S LIKE SO MANY DAYS THAT THEY'LL COME AND THEN THEY ACTUALLY WILL BRING BACK, UM, THEIR, THEIR, UM, OBSERVATIONS. THEY BRING IT BACK TO COUNSEL TO LET US KNOW WHAT THEIR, UM, AND THEN WE WOULD GO THROUGH THIS AGAIN. OKAY. NOT NECESSARILY A PUBLIC HEARING AGAIN. RIGHT. UH, I'M GONNA HAVE TO DEFER TO THE TOWN ATTORNEY ON THAT ONE. , MR. SONNET, WOULD WE HAVE TO DO ANOTHER PUBLIC HEARING TO GET THE VIEWER'S, UH, RESPONSE? NOT TO GET, NOT TO GET THE VIEWER'S RESPONSE, BUT TO, UM, APPROVE THE OFFER NEGOTIATIONS. OKAY. RIGHT. THE SALE, YEAH. IF, IF IT'S IN FACT APPROVED, BUT AS FAR AS A PUBLIC HEARING, I'M NOT SURE IF THAT'S WHAT IT'S CALLED. RIGHT. OKAY. THANK YOU. I'LL, I'LL, I'LL JUMP IN ON THAT. SO NO ADDITIONAL PUBLIC HEARING, UM, ON THE ISSUE OF THE PUBLIC'S INCONVENIENCE, BUT THE, UH, VIEWERS WILL REPORT BACK TO COUNSEL, AND COUNSEL WILL THEN TAKE FURTHER ACTION ON THE ORDINANCE TO VACATE. THAT IS FOLLOWED BY, UM, A POTENTIAL NEGOTIATION AND SALE OF THE VACATED PORTION, WHICH REQUIRES AN ANOTHER PUBLIC HEARING. ANOTHER VOTE. THANK YOU. THANK YOU. SO, UH, OUR NEXT ITEM [7.C. Ordinance Amendment to Chapter 175 Pertaining to Tobacco, Smoke or Vape Shops] FOR PUBLIC HEARING IS SEVEN C. UM, AND THIS IS A PUBLIC HEARING, UH, FOR THE ORDINANCE AMENDMENT CHAPTER 1 75, PERTAINING TO TOBACCO, SMOKE, OR VAPE SHOPS. THE SUMMARY IS COUNCIL'S REQUEST TO CONSIDER AN AMENDMENT TO CHAPTER 1 75 ZONING TO DEFINE AND PERMIT TOBACCO, SMOKE OR VAPE SHOPS BY RIGHT WITH PERFORMANCE STANDARDS OR BY SPECIAL USE PERMIT IN THE TOWN C ONE AND C3 COMMERCIAL DISTRICTS. AS PRESENTED, COUNCIL REFERRED THIS REQUEST TO THE PLANNING COMMISSION ON OCTOBER 28TH, 2024, ASKING FOR A RECOMMENDATION ON A PROPOSED ORDINANCE. NOW, COUNSEL, WHAT I NEED YOU ALL TO KNOW THIS EVENING AND THE PUBLIC IS, IS THAT WE ARE GOING TO BE HOLDING A PUBLIC HEARING TONIGHT, UH, TO GATHER, INFORM, GATHER THE PUBLIC'S INPUT. OUR, UM, ORDINANCE OR AMENDMENT IS NOT QUITE READY. IT'S NOT AT THE, IT'S NOT THE WAY THAT WE'RE READY FOR IT TO LOOK. OKAY. BUT RATHER THAN NOT HAVING THE PUBLIC HEARING TONIGHT, UM, AND [01:10:01] SCHEDULING FOR ANOTHER TIME, THIS HAS ALREADY BEEN ADVERTISED. SO AFTER THIS, AFTER PEOPLE GET AN OPPORTUNITY TO SPEAK TONIGHT, THEN COUNCIL'S MOTION SHOULD BE TO LEAVE THE PUBLIC HEARING OPEN, TO CONTINUE IT, AND TO THE DATE, WHICH WOULD BE FEBRUARY 24TH. OKAY. DOES ANYBODY HAVE ANY QUESTIONS ABOUT THAT? BUT WE'RE GONNA, YES. MR. SONIC, YOU WANTED TO OFFER. THANK YOU MADAM MAYOR. I JUST WANTED TO ADD THAT FROM LEGAL PERSPECTIVE, I HAD CONCERNS WHETHER THE NOTICE TO THE PUBLIC WAS SUFFICIENT, SO WE WANNA MAKE SURE THE NOTICE WAS SUFFICIENT AND THAT THE, THE, THE, UM, THE FINAL TEXT IS, IS CORRECT, UM, AT THE TIME IT GOES TO PUBLICATION. THANK YOU. SO AT THIS TIME, STAFF, DO YOU HAVE ANYTHING YOU WANNA OFFER? I KNOW WE'VE CERTAINLY HAD WORK SESSIONS. IN FACT, WE'VE, UM, HAD THREE, UM, AND HAD SOME REGULAR MEETINGS ABOUT IT AS WELL. BUT IS THERE ANYTHING YOU WANT TO MAKE SURE THE COUNCIL, WELL, IT'S REALLY COUNCIL AND THE PUBLIC TO KNOW BEFORE WE OPEN UP THE PUBLIC HEARING FOR THIS. THE MAIN DISTINCTION IS THAT THERE ARE TWO MECHANISMS HERE. THERE'S A BUYRIGHT MECHANISM, WHICH WOULD REGULATE BASICALLY ANY TOBACCO PRODUCT SALES IN THE C ONE OR C3 DISTRICTS ONLY. AND THEN THERE'S A SPECIAL USE PERMIT MECHANISM, WHICH WOULD, UM, KICK IN IF 15% OF THE, UH, INVENTORY OR THE, UM, OR SORRY, 15% OF THE STORE'S TOTAL DISPLAY AREA, OR 25% OR MORE OF THE INVENTORY WAS REPRESENTATIVE OF THE, UH, TOBACCO USE. SO IF THOSE ARE THE BULK OF THE SALES, THEN THAT'S WHEN THE SPECIAL USE PERMIT WOULD COME TO YOU. AND THEN STAFF'S RECOMMENDATION ON THAT SPECIAL USE PERMIT WOULD BE THE SAME 1000 FOOT BUFFER, UM, FROM THE SCHOOLS AND DAYCARES AS THE BUYRIGHT USE WOULD PERMIT. THANK YOU. MS. CAPISH. DID, DOES COUNCIL HAVE ANY QUESTIONS FOR STAFF AT THIS TIME? NO. ALL RIGHT. I'M GONNA OPEN UP THE PUBLIC HEARING. MS. PRESLEY, HAS ANYBODY SIGNED UP TO SPEAK? NO, WE HAVE NO ONE SIGNED UP. IS THERE ANYBODY WHO WISHES TO SIGN TO SPEAK? I JUST WANNA SAY THAT I'M A LITTLE DISAPPOINTED, UM, BECAUSE I FEEL LIKE THIS IS IN PARTICULAR A TOPIC THAT IS AN EXTREMELY, UM, POPULAR DISCUSSION ON SOCIAL MEDIA IN OUR COMMUNITY, AND THERE'S A LOT OF PEOPLE THAT HAVE STRONG FEELINGS ON THIS. SO I'M JUST, I'M SHOCKED. I I ACTUALLY THOUGHT WE WOULD HAVE A PACKED ROOM. UM, BUT TO SAY THAT WE DON'T HAVE ONE PERSON THAT WANTS TO SPEAK ABOUT THIS IS JUST VERY INTERESTING. SO TAKE THAT AS YOU WILL. THAT MEANS LIKE EVERYBODY'S IN FAVOR OF IT, OR, AND THAT'S WHY THEY DIDN'T SHOW UP OR, YOU KNOW, SO INTERESTING. I GUESS SINCE THERE IS NOBODY READY TO SPEAK, IT'S A GOOD THING. WE HAVE ANOTHER OPPORTUNITY . SO, UM, SOMEBODY ON COUNCIL NEEDS TO, UM, ASK THAT WE LEAVE THE PUBLIC HEARING OPEN, AND YOU ACTUALLY HAVE TO STATE THE DATE THAT WE WILL CONTINUE THIS PUBLIC HEARING, WHICH BY THE WAY, IS FEBRUARY 24TH. MADAM MAYOR, I MOVE THAT WE KEEP THE PUBLIC HEARING OPEN REGARDING THE ORDINANCE AMENDMENT TO CHAPTER 1 75 PERTAINING TO TOBACCO, SMOKE, OR VAPE SHOPS UNTIL FEBRUARY 20 FOURTH'S. REGULAR COUNCIL MEETING. SECOND. OKAY. MS. PRESLEY, ROLL CALL. COUNCILMAN WOOD? YES. MEYER ENTAL? YES. COUNCILMAN LOCS? ABSENT. COUNCILMAN RAPPAPORT? YES. COUNCILMAN INGRAM? YES. COUNCILMAN D DEMON PAYNE? YES. OKAY. SO ON FEBRUARY 24TH, YOU'LL GET ANOTHER OPPORTUNITY TO SPEAK TO THIS IF YOU WOULD LIKE. UM, AND AT THAT TIME, COUNSEL CAN TAKE ACTION. ALRIGHT, SO HOLD ON ONE SECOND. LET'S GET TO OUR, SO [7.D. Comprehensive Plan Amendment for the Area between Strasburg Rd and Duck St to Rugby St] SEVEN D IS, UH, THE NEXT ITEM, WHICH IS A PUBLIC HEARING FOR THE COMPREHENSIVE PLAN AMENDMENT FOR THE AREA BETWEEN STRASSBURG ROAD AND DUCK STREET TO RUGBY ROAD. IT'S THE RIVERTON PLANNING DISTRICT COUNCIL'S REQUESTED TO APPROVE A COMPREHENSIVE PLAN AMENDMENT INITIATED BY THE PLANNING COMMISSION TO AMEND THE AREA BETWEEN STRASSBURG ROAD AND DUCK STREET TO RUGBY ROAD FROM A FUTURE LAND USE DESIGNATION OF COMMERCIAL TO NEIGHBORHOOD RESIDENTIAL KNOWN AS THE RIVERTON PLANNING DISTRICT. UM, STAFF, IS THERE ANYTHING YOU WANT TO SAY FIRST? IT'S EXTREMELY HOT IN HERE. I DON'T KNOW IF ANYBODY ELSE FEELS THE SAME WAY. 77 UP HERE. 77. OKAY. SO THIS IS THE, UM, RIVERTON PLANNING DISTRICT. SO THIS IS PLANNING DISTRICT TWO, AND WHAT TRIGGERED THIS IS [01:15:01] THAT WE'VE HAD TWO REZONING REQUESTS IN THIS AREA WITHIN THE SPAN OF ONE YEAR. SO TYPICALLY WHEN YOU START LOOKING AT WHERE YOUR REZONINGS ARE HAPPENING, IF YOU START SEEING A CLUSTER OR A PATTERN, TYPICALLY THAT TELLS YOU THAT THERE MAY BE A PROBLEM OR THAT SOMETHING'S OFF. UM, AND SO WITH THIS REZONING, THE PLANNING COMMISSION ASKS THAT WE, UH, TAKE THIS UP TO, UH, CHANGE IT FROM THE COMMERCIAL TO A RESIDENTIAL USE, WHICH IS WHAT THAT LAND HAS ALWAYS BEEN, AND WITH THE CONSTRUCTION OF THAT HAMMERHEAD. SO I GUESS S STRASBURG ROAD WAS REALIGNED AT SOME POINT, AND THIS HAMMERHEAD WAS CONSTRUCTED. THIS BASICALLY MADE THIS PROPERTY. UM, IT WOULD BE VERY DIFFICULT TO DEVELOP THIS IN A COMMERCIAL FASHION WITHOUT GETTING CONNECTION TO DUCK STREET FOR ACCESS. SO THAT'S WHAT KIND OF STARTED THIS PROCESS. THANK YOU. YEP. DOES COUNCIL HAVE ANY QUESTIONS FOR MS. KAKI? AM I SAYING YOUR NAME? I'M SAYING YOUR NAME CORRECT. KAKI. OKAY. AS SOON AS I SAY IT, I FEEL LIKE I'M SAYING. OKAY. ANY COUNCILMAN RAPPAPORT? WE JUST, UH, APPROVED SOMETHING UP THERE. UH, RECENTLY, IF I RECALL, YOU WOULD REP NING A REZONING, REQUEST A REZONING, RIGHT. ANY OTHER QUESTIONS FROM COUNCIL FOR STAFF? OKAY, I'M GONNA OPEN UP THE PUBLIC HEARING. MS. PRESTI, HAS ANYBODY SIGNED UP TO SPEAK? NO ONE HAS SIGNED UP. ANYBODY WISH TO SPEAK ON THIS TOPIC? OKAY. I'M GONNA CLOSE THE PUBLIC HEARING AND OPEN IT UP TO COUNCIL. DO I HEAR A MOTION? MADAM MAYOR? I MOVE THAT COUNCIL, PROMOTE THE HEALTH SAFETY MORALS, ORDER CONVENIENCE, A CHARITY GENERAL GENERAL WELFARE OF THE INHABITANTS, INCLUDING THE ELDERLY AND PERSONS WITH DISABILITIES. APPROVE A COMPREHENSIVE PLAN AMENDMENT INITIATED BY THE PLANNING COMMISSION TO AMEND THE AREA BETWEEN STRASBURG ROAD AND DUCK STREET TO THE RUGBY ROAD FROM A FUTURE LAND USE DESIGNATION OF COMMERCIAL TO NEIGHBORHOOD RESIDENTIAL KNOWN AS A RIVER AND PLANNING DISTRICT AS PRESENTED. SECOND. ANY DISCUSSION? OKAY, LET'S DO ROLL CALL. COUNCILMAN WOOD? YES. VICE MAYOR VIAL? YES. COUNCILMAN IS ABSENT. COUNCILMAN RAPPAPORT? YES. COUNCILMAN INGRAM? YES. COUNCILMAN DEAMON PAYNE? YES. THANK YOU. MOTION PASSES. SO THE NEXT [8. PUBLIC COMMENTS NOT RELATED TO PUBLIC HEARINGS] UM, ITEM FOR, UH, OUR MEETING TONIGHT IS PUBLIC COMMENTS THAT ARE NOT RELATED TO PUBLIC HEARINGS. MS. PRESLEY, IS THERE ANYBODY SIGNED UP TO SPEAK? WE HAVE ONE MARK BECKER. THREE MINUTES. ACTUALLY, I WAS GONNA SAY, I'M GETTING AHEAD OF MYSELF HERE. LET ME JUST MAKE SURE THAT I DO THE PUBLIC COMMENTS. SO DON'T START THE TIME TIMER. WE NOW COME TO THE PUBLIC COMMENTS PORTION OF THE AGENDA. IT'S THE DUTY OF THE MAYOR TO CONDUCT THIS MEETING IN AN ORDERLY MANNER. PERSONS ADDRESSING THE MAYOR AND COUNCIL ARE ASKED TO LIMIT THE REMARKS TO THOSE RELEVANT TO THE BUSINESS OF THE TOWN OF FRONT ROYAL. NO PERSONS IN ATTENDANCE SHALL BE ALLOWED TO VOICE REMARKS EXCEPT AS RECOGNIZED BY THE MAYOR OR THE CLERK OF COUNCIL. UPON RECOGNITION BY THE MAYOR OR THE CLERK OF COUNCIL, THE SPEAKER SHALL STATE THEIR NAME, ADDRESS AND INDICATE IF THEY'RE A RESIDENT OF THE TOWN OF FRONT ROYAL, DIRECT THEIR COMMENTS TO THE MAYOR AND COUNSEL SHALL NOT ADDRESS THE SUBJECT MATTER OF A PUBLIC HEARING BEING HELD DURING THE SAME MEETING. STAY WITHIN THE ALLOTTED THREE MINUTE TIME LIMIT. AFTER THAT TIME IS EXPIRED, THE MICROPHONE WILL BE CUT OFF, REFRAIN FROM WORDS OR STATEMENTS WHICH ARE DEFAMATORY TO SPECIFIC INDIVIDUALS OR DISPLAY OTHER DISRUPTIVE CONDUCT INCLUDING OBSCENITY AND VULGARITY GROUPS OR INDIVIDUALS IN THE AUDIENCE CREATING AN ATMOSPHERE DETRIMENTAL TO OR DISTURBING. THE ORDERLY CONDUCT OF THE MEETING WILL BE WORN TO REFRAIN FROM SUCH CONDUCT ANY ADDITIONAL DISTURBANCE AFTER THE WARNING WILL NOT BE TOLERATED AND THE MAYOR WILL HAVE NO OTHER CHOICE BUT TO ASK THE REPRESENTATIVE, UM, WHICH ACTUALLY IS THE POLICE CHIEF TO REMOVE THE INDIVIDUAL GROUP OR CLEAR THE ROOM SO THAT THE COUNCIL CAN CONDUCT THE BUSINESS OF THE TOWN. WE HAVE ONE PERSON SIGNED UP TO SPEAK. OKAY, WE'RE READY. GO AHEAD. MY NAME IS MARK BECKER. I LIVE IN VIRGINIA, UH, LINDEN, VIRGINIA. I DON'T KNOW IF, UH, MAYBE ANY OF YOU GOT MY EMAIL BECAUSE I SENT AN EMAIL TO ALL OF YOU. IT WAS ABOUT MY FALSE ARREST HERE OR CHARGE BY YOUR POLICE DEPARTMENT. AND, UH, SO CAN I TRUST YOU ALL TO DO THE RIGHT THING YOU BELIEVE IN ACCOUNTABILITY? DOES ANYBODY ANSWER THAT? I'M SORRY. WE DON'T, MR. BECKER, WE, UM, OKAY. DURING PUBLIC COMMENTS, IT'S JUST YOUR OPPORTUNITY TO SPEAK. COUNSEL DOESN'T SPEAK BACK. [01:20:01] WELL, YOU RECEIVED MY EMAIL SO YOU KNOW WHAT HAPPENED. I WAS FALSELY CHARGED BY YOUR POLICE DEPARTMENT. NO CRIME WAS COMMITTED, AND I WAS ARRESTED BASED ON NO CRIME AND NO EVIDENCE. AND, UH, I WASN'T CONVICTED BECAUSE THERE WAS NO CRIME AND THERE WAS NO EVIDENCE. I DON'T KNOW IF ANY OF YOU HAVE EVER HAD A SEVERELY DRUG ADDICTED FAMILY MEMBER THAT YOU'RE TRYING TO SAVE. AND, UH, THAT'S WHAT I STARTED OUT TO DO WAS TRY TO GET SOMEBODY INTO TREATMENT. AND I REALLY DIDN'T THINK, I THOUGHT THAT I WOULD GET THE HELP THAT I NEEDED FROM THE SERVICES THAT ARE IN THE COMMUNITY. POLICE, HOSPITALS, PEOPLE LIKE THAT, THAT ARE SUPPOSED TO BE ON MY SIDE. I'M A CITIZEN TAXPAYER, HAVE BEEN FOR 50 YEARS, MAYBE A LOT LONGER THAN SOME OF YOU NOW. THIS, UH, ARREST, IT ENDED MY CAREER, UM, A A REALLY LONG CAREER. I'VE WORKED IN CRITICAL VOICE AND DATA NETWORKS FOR ALMOST 40 YEARS, AND I'VE WORKED FOR NINE GOVERNMENT AGENCIES AND PROBABLY MOST OF THE MAJOR HOSPITALS IN THIS AREA, VALLEY HEALTH SYSTEM AND NOVA SYSTEM, ALL THE MAJOR HOSPITALS, JOHNS HOPKINS UNIVERSITY, NIH. UM, BUT THIS ENDED MY CAREER FOR FALSE CHARGES AND A FALSE ARREST. AND, UH, MY CLEARANCE, MY JOB, MY FUTURE EARNINGS, EVERYTHING'S GONE. AND I DON'T KNOW HOW A POLICE DEPARTMENT COULD JUSTIFY AN ARREST BASED ON NO CRIME. AND I DON'T KNOW IF YOU HAVE TALKED TO YOUR CHIEF, THE EX-CHIEF CERTAINLY SAID HE WAS GONNA LOOK INTO THE MATTER, BUT I GUESS THAT WAS A LIE BECAUSE, UH, I GAVE YOU MY CONTACT INFORMATION, MY TELEPHONE NUMBER. I ASKED TO NOTIFIED, IT HAPPENED TO YOU. SOMEBODY SAID YOU DID SOMETHING YOU THINK, DID YOU, YOUR BOSS OR WHOEVER YOU WERE, THAT YOU HAD SERIOUS CHARGES BROUGHT AGAINST YOU THAT ARE FALSE? THANK YOU, MR. BECKER. I'M SORRY. YOU'RE, YOU. YOUR THREE MINUTES ARE UP. OKAY. THREE MINUTES ARE UP. I'M SORRY. WHAT, WHAT DOES THE COUNCIL HAVE TO SAY TO WHAT THE, HAVE TO SAY TO POLICE DEPARTMENT? YOU SEE, NOW I'M IN FEAR FOR MY LIFE, MY LIBERTY, MY CIVIL RIGHTS, MY HUMAN RIGHTS, BECAUSE THEY'VE ALL BEEN VIOLATED BY YOUR POLICE DEPARTMENT. MADAM MAYOR, MR. MR. BECKER, OUR THREE MINUTES ARE, YOUR THREE MINUTES ARE UP. AND THIS WAS A PUBLIC COMMENT. IF, IF YOU HAVE ANY OTHER, FEEL FREE TO, YOU CAN. UM, I, I BELIEVE YOU'VE, YOU'VE TAKEN, YOU'VE GIVEN US YOUR INFORMATION AND, AND THANK YOU MR. BECKER, YOUR THREE MINUTES, I, I THINK POINT OF ORDER. THIS IS NOT A TIME FOR ENGAGEMENT WITH THE PUBLIC. YEAH. POINT OF ORDER. MR. BECKER. POINT OF ORDER. MR. BECKER. I UNDERSTAND. I, AND, AND WE DID HEAR WHAT YOU HAD TO SAY, AND I, I WILL. SO WE, I'VE NEVER HAD TO ASK ANYBODY TO LEAVE OUR MEETING. I'D RATHER NOT IT HAPPEN TONIGHT. BUT YOU DID HAVE YOUR OPPORTUNITY TO EVEN HAVE MORE THAN THREE MINUTES. SO, UM, BOARD THE CONVERSATION THAT YOUR, YOUR TIME IS UP. OKAY. THANK YOU. IS THERE ANYBODY ELSE THAT SIGNED UP TO SPEAK MS. PRESLEY? IS THERE ANYBODY WHO WISHES TO SPEAK? ALRIGHT, SO, UM, NEXT UP [9.A. Report of Interim Town Manager ] IS OUR REPORTS. SO THE REPORT OF THE INTERIM TOWN MANAGER, MR. WILSON. [01:25:13] MR. WILSON, HIT THAT MIC. IT, IT'S, IT MAY OR MAY NOT WORK. IT'S HARD TO SAY. IT'S BETTER. GOOD NOW. SORRY ABOUT THAT. YES. NOW WE CAN, NOW WE CAN TRY AGAIN. THANK YOU. SOMETIMES IT WORKS, SOMETIMES IT DOESN'T. . SORRY. UM, UH, WE LET OUR, I'D LIKE TO LET OUR CITIZENS KNOW, UH, THAT THIS WEDNESDAY, JANUARY 29TH WILL BE THE LAST DAY FOR YARD WASTE PICKUP. UH, WE WILL RESUME YARD WASTE PICKUP APRIL 2ND. UH, THIS ALLOWS OUR PUBLIC WORKS DEPARTMENT TO, UH, PERFORM SOME MAINTENANCE, UH, DONE DURING THE NON BUSY SEASON. I WOULD ALSO, UH, LIKE TO THANK ALL TOWN, ALL OF THE TOWN STAFF INVOLVED WITH SNOW REMOVAL, AS WELL AS THOSE WHO HAVE WORKED ON WATER BREAKS AND POWER OUTAGES, ESPECIALLY DURING THESE, UH, EXTREMELY COLD TEMPERATURES THAT WE'VE EXPERIENCED. UM, THAT CONCLUDES MY REPORT, MADAM MAYOR. THANK YOU, MR. WILSON. NEXT UP [9.B. Report of Councilmembers] ARE REPORTED COUNCIL MEMBERS WHO WOULD LIKE TO, UM, IS THERE ANYBODY WHO WOULD LIKE TO REPORT? I'LL JUST MAKE IT, UH, SHORT AND SWEET. DEAR MAD MAYOR, IF I MAY START, I'D JUST LIKE TO, UH, UM, I CAN'T EVEN SPEAK RIGHT NOW. . I'D LIKE TO REPEAT WHAT, UH, BJ SAID ABOUT THE, UH, SNOW REMOVAL. UH, I THINK OUR CREW DID A VERY GOOD JOB, UH, CONSIDERING THIS RECENT STORM THAT WE'VE HAD. UH, I'D ALSO WOULD LIKE TO THANK, UH, UH, BJ HIMSELF. UH, AS, AS MANY OF YOU KNOW, HE'S INTERIM TOWN MANAGER RIGHT NOW. AND, UM, AND HE'S DONE A GOOD JOB THUS FAR OF KEEPING US INFORMED. UH, AS HE MENTIONED, THERE'S BEEN SOME WATER BREAKS. UH, YOU KNOW, THERE'S BEEN SOME, UM, UM, YOU KNOW, SOME, A LOT OF WATER BREAKS, I SHOULD SAY. BUT ALSO TOO, YOU KNOW, HE'S BEEN HELPING WITH GETTING THE, UM, SNOW REMOVAL CREWS OUT. SO, ANYWAYS, UH, JUST HATS OFF TO OUR HATS OFF TO OUR CREW. THANKS MADAM MAYOR. I WOULD ECHO BOTH WHAT, UH, COUNCILMAN ENGLAND AND, UM, OUR ACTING TOWN MANAGER SAID. I KNOW THAT IN OUR NEIGHBORHOOD, UH, THE TRUCKS WERE OUT OUT OFTEN. UM, I'VE GOT SEVERAL, SEVERAL COMMENTS, UH, UH, FROM CITIZENS THANKFUL AND A COMPLIMENTARY, UH, ON THE CLEANING OF THE SNOW. UH, WE KNOW THAT WE HAD SEVERAL WATER LINES BREAK WITH ALMOST SUB-ZERO WEATHER, KEEPING THE LIGHTS ON. WE DID HAVE A, A SHORT OUTAGE. AND EVEN PICKING UP THE TRASH WHEN IT'S SEVEN DEGREES AND YOU'RE RIDING THE BACK OF A TRASH TRUCK, IT'S NOT ALWAYS IDEAL. BUT, UH, WE DO HAVE A VERY COMMITTED AND WONDERFUL TOWN STAFF AND, UM, THEY DESERVE, UH, ACCOLADES, UH, FOR THEIR RESPONSE DURING THIS WEATHER THING. AND THAT'S ALL I HAVE. THANK YOU. ANYBODY ELSE WISH TO SPEAK OUR REPORT? MADAM MAYOR, I JUST WANNA SAY THANKS TO THE TOWN STAFF. EVERYBODY'S ALREADY DONE THAT. AND ALSO JUST THANKS TO THE INTERIM TOWN MANAGER, BJ WILSON, WHO'S WEARING MANY HATS AND A TERRIBLE TIME OF YEAR, . THANK YOU. THANK YOU. ANY OTHER REPORTS? DID DITTO TO EVERYTHING THAT'S BEEN SAID, MADAM MAYOR. UM, OTHER THAN THAT, I HAVE NOTHING ELSE TO ADD. OKAY. ANYBODY ELSE? UM, I JUST WANTED TO NOTE TO FOLKS, I KNOW THAT, UM, PEOPLE HAVE BEEN UPSET ABOUT THEIR TAX ASSESSMENTS. THERE'S NOT, UM, THAT COMES TO US LAST. UH, SO IF YOU HAVE A CONCERN ABOUT YOUR TAX ASSESSMENT, PLEASE CONTACT THE COUNTY AND ALSO AT THE STATE LEVEL IS WHERE IT'S SET UP. UM, AND AGAIN, I, I WANNA, UM, THANK STAFF AS WELL AND, UM, BJ FOR BEING VERY, UM, COMMUNICATIVE AND, AND LETTING US KNOW THAT THINGS THAT ARE GOING ON IN TOWN, PEOPLE ARE, HAVE A LOT OF CHALLENGES ALL YEAR ROUND AND, UH, WE'RE ALL TRYING TO DO OUR BEST JUST FIGURING OUT HOW TO, HOW TO MAKE IT BEST FOR ALL. SO THANK YOU. THANK YOU. ANYBODY ELSE? I THINK EVERYBODY'S HAD A CHANCE. OKAY. [9.C. Report of the Mayor ] SO THE REPORT OF THE MAYOR, UM, IT'S ACTUALLY BEEN SIX WEEKS SINCE OUR LAST REGULAR COUNCIL MEETING ON DECEMBER 9TH. AND HERE'S SOME OF THE HIGHLIGHTS FOR ME. DECEMBER 11TH, I HAD THE PLEASURE OF ATTENDING THE TOWN'S EMPLOYEE CHRISTMAS LUNCHEON. UM, THERE WERE SEVERAL OF US UP HERE THAT HAD THE OPPORTUNITY. IT WAS, IT WAS, UM, A GREAT TIME TO SHOW OUR APPRECIATION FOR OUR TOWN EMPLOYEES. THE FOOD AND THE COMPANY WAS GREAT. IT'S ACTUALLY ONE OF MY FAVORITE EVENTS. UM, GIVES US US AN OPPORTUNITY TO TALK TO THE, UM, TO THE EMPLOYEES AS THEY COME THROUGH, AS WE'RE SERVING WHATEVER IT IS. I BELIEVE I WAS SERVING SALAD THIS YEAR. SOME PEOPLE ROLLS, THINGS LIKE THAT. DECEMBER 14TH, I HELPED RING THE BELL FOR THE SALVATION ARMY WITH MY EARLY ACT GROUP. AND THEN THE VERY NEXT WEEK, OUR SAME GROUP WENT TO, UH, WENT CHRISTMAS CAROLING AT LAVERY HILLS NURSING HOME DECEMBER 19TH. I HAD TWO EVENTS IN THE SAME DAY. I ATTENDED THE RIBBON CUTTING OF THE CHESTER STREET TAVERN. UM, I BELIEVE MR. WOOD WAS THERE AS [01:30:01] WELL WITH ME. IT, IT, IT REALLY IS A VERY COOL PLACE. UM, IT'S WHAT I WOULD CALL ECLECTIC. IF YOU HAVE AN OPPORTUNITY, UM, TO CHECK THEM OUT, I HOPE YOU WILL. THEY HAVE A REGULAR MUSICAL ENTERTAINMENT. SO TAKE A LOOK AT THEIR CALENDAR AND PICK A NIGHT TO STOP IN. LATER THAT AFTERNOON, I ATTENDED THE COMMONWEALTH SENIOR, UH, COMMONWEALTH ASSISTED SENIOR LIVING MEMORY UNIT CHRISTMAS PARTY, UM, I READ, WHICH WAS THE NIGHT BEFORE CHRISTMAS. AND THEN WATCHED EACH OF THE RESIDENTS OPEN UP A PRESENT THAT WAS SPECIALLY PICKED OUT FOR THEM. UM, AND I JUST WANNA SAY IT WAS SO CLEAR TO ME HOW CARED FOR THOSE RESIDENTS ARE BY THE MEN AND WOMEN WHO WORK THERE. JANUARY 2ND WAS A DAY TO REMEMBER. I, UH, ATTENDED THE FIRST WARRING COUNTY ADULT RECOVERY COURT GRADUATION CEREMONY, AND IT WAS LED BY THE HONORABLE JUDGE DARRELL FUNK. UM, FOR THOSE OF YOU WHO HAVE FOLLOWED, UM, UH, THE, UM, WE, WE ORIGINALLY CALLED IT THE DRUG COURT, WARREN COUNTY FRONT ROYAL DRUG COURT. UM, BUT NOW IT'S CALLED THE, UH, ADULT RECOVERY COURT. UM, THIS, UH, THIS COUNCIL AND THE COUNTY CAME TOGETHER WITH VALLEY HEALTH TO FUND THAT, UM, MANY YEARS AGO. AND IT, IT WAS A VERY LONG DRAWN OUT PROCESS, UM, TO MAKE THIS ACTUALLY HAPPEN. UH, SO THAT DAY THERE WERE TWO GRADUATES AND THEY SHARED HOW THEIR LIVES HAD CHANGED FROM THE OPPORTUNITY TO PARTICIPATE AND THE RECOVERY COURT PROGRAM. THEIR FAMILY AND FRIENDS WERE THERE. UH, THEY, THE GRADUATES THEMSELVES SPOKE ABOUT THE DIFFERENCE THE RECOVERY COURT HAD MADE IN THEIR, IN, UH, THEIR LIFE. AND THE LOVED ONES TALKED ABOUT, UM, UH, ABOUT HOW IMPACTFUL, UH, THE RECOVERY COURT WAS. UM, AT TIMES IT WAS ACTUALLY EMOTIONAL, ESPECIALLY WHEN I WAS LISTENING TO THE GRADUATE'S MOTHERS SPEAK. UM, AS I SHARED WITH BOTH GRADUATES, I, MYSELF, UH, KNOW MANY PEOPLE, OR SEVERAL PEOPLE, I WOULD SAY FAMILY AND FRIENDS WHO FOUGHT ADDICTION FOR YEARS. AND VERY FEW OF THEM MADE IT TO THE OTHER SIDE. SO, UH, I TOLD THEM THEY SHOULD, THEY HAD WORKED HARD AND THEY SHOULD, UM, BE VERY PROUD OF THE FACT THAT THEY HAD SUCCESSFULLY COMPLETED THE PROGRAM. UH, AS THEY ANNOUNCED THAT DAY, UM, THEY, PEOPLE COME INTO THE RECOVERY COURT. UH, THERE'S A LONG PROCESS. THEY HAVE TO GO THROUGH DIFFERENT PHASES. UM, IF AT ANY POINT DURING THOSE PHASES THEY AREN'T SUCCESSFUL, THEY NO LONGER GET TO BE A PART OF THE PROGRAM. AND SO THESE TWO GRADUATES HAD ACTUALLY, UH, COMPLETED THE PROGRAM. UM, AND I'M REALLY GLAD THAT WE PURSUED STARTING A DRUG COURT. UM, IT WAS A LONG PROCESS, BUT THAT DAY, UM, SEEING THE IMPACT IT MADE IN THE GRADUATES LIVES WAS WELL WORTH ALL THE EFFORT. THE MONTHLY MEETINGS, QUARTERLY MEETINGS, APPLICATIONS, THINGS LIKE THAT. JANUARY 18TH, I HAD THE PLEASURE TO ATTEND THE ANNUAL FRONT ROW VOLUNTEER FIRE DEPARTMENT AWARDS BANQUET AGAIN THIS YEAR, COUNCILMAN INGRAM AND CLOC ALSO ATTENDED. UM, I WASN'T ABLE TO STAY FOR ALL OF THE AWARDS, BUT, UM, AFTER SEEING THE PICTURES FOR THIS YEAR, IT'S STILL AMAZING TO ME THE AMOUNT OF VOLUNTEER HOURS THAT ARE INVESTED IN COMPANY ONE HERE IN FRONT ROYAL. SO THANK YOU TO THE MEN AND WOMEN WORKING AND VOLUNTEERING AT COMPANY ONE. THEY PUT THEMSELVES IN HARM'S WAY TO PROTECT OUR HOMES AND BUSINESSES IN FRONT ROYAL. UM, I THINK EVERYBODY HAS HAS ALREADY SAID ALL THIS, BUT I, I WANNA SAY IT AGAIN 'CAUSE I DON'T THINK WE CAN SAY IT ENOUGH. A BIG, BIG THANK YOU TO ALL THE TOWN EMPLOYEES WHO WORKED TIRELESSLY OVER THE LAST MONTH DURING BOTH OF OUR WEATHER EVENTS AND THE EXTREME BELOW AVERAGE COLD TEMPS TO KEEP OUR STREETS CLEAR, OUR WATER FLOWING, OUR ELECTRICITY WORKING, AND OUR STREETS SAFE. UM, I KNOW THAT OUR PUBLIC WORKS, INCLUDING OUR STREETS AND WATER AND SEWER CREWS AND OUR ENERGY SERVICES AND POLICE DEPARTMENT, UM, THEY TREATED OUR TOWN CITIZENS AS PRIORITIES. MOST OF YOU KNOW, I'M A TEACHER, SO WHEN THE SNOW HITS, I DON'T HAVE TO GO ANYWHERE. UM, MY HUSBAND IS ALWAYS THE FIRST ONE OUT. I THINK HE LEFT THE HOUSE AT FOUR 30 THAT MORNING. AND, UH, I WAS ALWAYS IN TEXTING LIKE, DID YOU MAKE IT TO WORK? AND HE, HE SAID, BOY, THE TOWN CREWS DID AN AMAZING JOB. IT, HE SAID THAT TOWN ROADS WERE WERE GREAT. SO WHILE MANY OF US ARE HOME WARM AND COZY AND WATCHING THE SNOW, UH, THEY'RE OUT THERE HELPING THE REST OF US TO KEEP OUR LIVES AS NORMAL AS POSSIBLE. LASTLY, I JUST WANNA LET THE PUBLIC KNOW THAT WE HERE ON THIS DAIS AND OUR HR DEPARTMENT ARE WORKING HARD TO FIND A PERMANENT TOWN MANAGER THAT IS THE RIGHT FIT FOR FRONT ROYAL. WE'RE EXTREMELY BLESSED TO HAVE INTERIM TOWN MANAGER, BJ WILSON, UH, AND OUR CLERK COUNSEL, TINA PRESLEY AND ALL THE DEPARTMENT HEADS AND OUR EMPLOYEES ARE STEPPING UP TO KEEP OUR TOWN WORKING LIKE THE WELL OILED MACHINE THAT IT'S, SO THANK YOU EVERYONE. ALRIGHT, WE ARE, ITEM 10 IS ACTUALLY A CONSENT [01:35:01] AGENDA. WE DID NOT HAVE ANY TONIGHT. SO OUR NEXT [11.A. Final Subdivision Plat for a Major Subdivision [Squirrel Hill Development] Located at 344 W. Main Street - McCarty] ITEM IS NUMBER 11 A. AND THAT IS THE FINAL SUBDIVISION PLAT FOR A MAJOR SUBDIVISION SQUIRREL HILL DEVELOPMENT LOCATED 3 44 WEST MAIN STREET. MS. PRESLEY, DO YOU WANNA READ THE SUMMARY? COUNCIL'S RECEIVED A REQUEST FOR A FINAL SUBDIVISION PLAT APPROVAL FOR A MAJOR SUBDIVISION SQUIRREL HILL DEVELOPMENT SUBMITTED BY JAY MCCARTY, NEIL MCCARTY AND DENNIS MCCARTY TO DIVIDE APPROXIMATELY 4.34 ACRES INTO 34 LOTS AND 33 DWELLING UNITS, WHICH IS 16 DUPLEXES AND ONE EXISTING SINGLE FAMILY DWELLING LOCATED AT 3 44 WEST MAIN STREET. THE PROPERTY IS ZONED R DASH TWO RESIDENTIAL DISTRICT REQUIRING A MINIMUM LOT SIZE OF 8,000 SQUARE FEET, WHICH CAN BE FURTHER SUBDIVIDED FOR DUPLEXES TO 4,000 SQUARE FEET. THANK YOU, MS. PRESLEY. SO THIS ACTUALLY ISN'T LIKE A WORK, THIS ISN'T A PUBLIC HEARING OR ANYTHING, SO THIS IS JUST A BUSINESS ITEM. COUNSEL, DOES ANYBODY HAVE ANY DISCUSSION? UH, OR WE NEED A MOTION VERSE, BUT I'LL OPEN IT. I'LL ENTERTAIN A MOTION. ANYBODY GOT IT. UH, MADAM MAYOR, I MOVE THAT COUNSEL APPROVED THE FINAL SUBDIVISION PLAT FOR A MAJOR SUBDIVISION SQUIRREL HILL DEVELOPMENT SUBMITTED BY JAY MCCARTY, NEIL MCCARTY AND DENNIS MCCARTY TO PROVIDE APPROXIMATELY 4.34 ACRES INTO 34 LOTS AND 33 DWELLING UNITS, WHICH ARE, WHICH IS 16 DUPLEX, 16 DUPLEXES, AND ONE EXISTING SINGLE FAMILY DWELLING LOCATED AT 3 4 4 WEST MAIN STREET AS PRESENTED. SECOND. OKAY. WE HAVE A MOTION TO SECOND ANY DISCUSSION, MADAM MAYOR. I THINK IT'S AN EXCELLENT TIME, UH, ESPECIALLY WITH US GOING INTO OUR RETREAT NEXT MONTH. UM, THIS SECTION ALONG WEST MAIN IS, UH, AN AREA USED BY CHILDREN TO WALK OUT TO THE SOCCER COMPLEX AND THE SKATE PARK. AND IT'S MY UNDERSTANDING FROM THE DRAWINGS IN MS. KAPINSKY THAT, UM, THE APPLICANT WILL BE PROVIDING SIDEWALKS ALONG WEST MAIN STREET, ACTUALLY AROUND THE WHOLE DEVELOPMENT, BUT ESPECIALLY, UH, ALONG THERE, WHICH IS, UH, CRUCIAL FOR THE SAFETY OF, OF PEDESTRIANS TRENDS, UH, TRANSITIONING UP AND DOWN, UH, EAST AND WEST MAINE. I WOULD THINK IT WOULD BEHOOVE US AND I WOULD CERTAINLY ASK US TO CONSIDER DISCUSSING DURING OUR GOLD SETTING OF MAKING, UM, FINISHING THE SIDEWALKS, UH, FROM THE SOCCER COMPLEX ALL THE WAY UP WEST MAIN STREET TO CONNECT TO THE EXISTING. THIS IS GONNA BE A MAJOR PIECE THAT'S BEING PAID FOR, UH, BY THE APPLICANTS AND I FOR ONE. AND I KNOW SOME OF THE OTHER, UH, COUNCIL MEMBERS EMBRACE THE IDEA OF WALKABILITY AND SAFETY FOR CHILDREN. SO IT, IT'S JUST MY HOPE AND DESIRE THAT WE CAN SEE A WAY, UM, TO SOMEHOW MOVE THE NEEDLE ON THIS NEEDED SIDEWALK ALONG THIS BUSY HIGHWAY. AND THAT'S MY ONLY COMMENT. THANK YOU. ANY OTHER COMMENTS? UH, WHAT KIND OF, UH, DETAILS CAN WE DISCUSS REGARDING THE PLAT AT THIS POINT? WHAT KIND OF DETAILS DO YOU MEAN? YEAH, YOU HAVE QUESTIONS FOR STAFF? YEAH. LOOKING AT THE PLAT, UH, UH, I'M, I'M ASSUMING THE QUESTIONS WOULD BE DIRECTED TOWARDS STAFF. IT'S IN THE PACK. CAN MORE, MORE ABLE TO PULL IT UP THERE ON THE RIGHT SCREEN AS WELL. OH, YOU DON'T HAVE IT? I HAVE IT IN THE PACKET. YOU'RE TALKING ABOUT THE PICTURE? NO, IT SAYS FLAT RIGHT HERE ON PLA YEAH, THERE THAT BE PASSED IT RIGHT IN THE BLUE. YEAH, IT WAS PART OF THE AGENDA. THE AERIAL MAP'S, WHAT I'M ASSUMING YOU'RE REFERRING TO. RIGHT. WELL, THEY ENTITLE IT FINAL SUBDIVISION PLAT IS WHAT I'M LOOKING AT. MM-HMM . OKAY. WELL, GO AHEAD. WHAT DID YOU HAVE A QUESTION FOR STAFF? WELL, UH, OKAY. THE, UH, THE FIRST QUESTION IS WHAT, WHAT I'M SEEING ON THE PLAT IS IT APPEARS TO BE, UH, YOU HAVE SIDEWALKS, YOU HAVE SIDEWALKS, UH, A BUDDING WEST MAIN, YOU HAVE SIDEWALKS, A BUDDING NORTH STREET, YOU HAVE SIDEWALKS, ABUTTING ORCHARD, UH, ORCHARD AS WELL AS VISCAS. CORRECT. OKAY. IT LOOKS TO ME LIKE, IF YOU CAN GET INTO THE DETAIL OF IT, IT LOOKS LIKE THERE'S LIGHTING OF THREE, THREE LIGHTS [01:40:01] POLE, LIGHT POLES ON WEST MAIN AND THREE LIGHT POLES ON ORCHARD. THE, THE REPRODUCTION IS KIND OF, IT'S KIND OF ROUGH. WE'RE ALL DISCUSSING DOWN HERE HOW YOU MUST HAVE EQUAL EYES. 'CAUSE WE, I I DON'T SEE YEAH, I, WHERE THAT IS, I CAN SEE OKAY. ASSEMBLE THAT WE'RE, YEAH. UH, SO IS THIS PIXELATED WHEN YOU SCROLL IN? YEAH. IF YOU LOOK AT IT, UH, ON ORCHARD FOR EXAMPLE, OVER ON THE GRAND AVENUE SIDE, IT APPEARS THAT THERE'S LIKE THREE LITTLE LIGHTS. IS THAT, IS THAT, IS THAT WHAT I'M LOOKING AT ON MS. CAPI? I'M TRYING TO PULL THE PLAT UP SO I CAN SEE IT CLEARLY. BRUCE IS USING THE PHOTO THAT YOU HAVE NOW IT'S PIXELATED ON MY, I CAN'T SEE IT CLEARLY. IT'S, IT SHOULD BE A CIRCULAR SYMBOL LITTLE WITH A LINE THROUGH IT. THERE'S A KEY DOWN THERE. THIS, YEAH. KEY SQUARE LOOK RIGHT DOWN HERE. THAT, THAT WOULD BE IT. I KNOW. YEAH. YEAH. IF YOU LOOK AT THE KEY, I BELIEVE THAT IS A, THEY'RE RIGHT IN THE MIDDLE OF THE STREET. OKAY. OUT ON THE STREET. THEY'RE ON THE SIDE. YES. THEY'RE ON, ON ORCHARD STREET. THEY'RE ON THE SOUTH SIDE. ACTUALLY, IT WOULDN'T BE, WOULDN'T BE THE NORTH SIDE UTILITY. THAT WOULD BE THE SOUTH SIDE. YOU'RE ASKING ABOUT THE UTILITY POLES, CORRECT? OH, THAT'S RIGHT. YEAH, YOU'RE RIGHT. IT'S SOUTH SIDE, CORRECT. YEP. ONE, TWO. SO COUNCILMAN WRAP UP WHERE YOUR QUESTION IS, HOW MANY LIGHTS WILL LIBBY? YEAH, I WANT TO, I WANT TO, I WANT TO KNOW IF THERE'S GONNA BE LIGHTING. I, I, I BELIEVE THERE'S LIGHTING ON ORCHARD. THERE'S LIGHTING ON WEST MAIN. I'M NOT SURE IF THERE'S LIGHTING. THEY'RE MAKING, UH, APPROPRIATIONS FOR LIGHTING. SO PART OF THE, THE, THIS GOES PART OF THE SUB, UH, THE SITE PLAN REQUIREMENTS IS THEY'D HAVE TO HAVE A PAGE THAT SHOWS THE, WHERE THE LIGHTS ARE GONNA BE AND UM, PUTS ALL OF THAT DETAIL IN THERE. AND THAT WOULD BE IN COMPLIANCE WITH, UM, WE HAVE, WE REQUIRE DARK SKY COMPLIANCE AND THEN WE ALSO, UH, HAVE IT LAID OUT IN, I THINK IT'S IN SECTION, LIKE 800 SOMETHING IN THE SUBDIVISION ORDINANCE. BUT ALL SAYING ALL THAT GETS REVIEWED AT SITE PLAN. SO WHAT YOU'RE SAYING IS THIS WOULD, THAT WOULD BE NEXT STEP AFTER THIS? YES, THAT'S NEXT STEP. OKAY. BUT I'M COUNTING FOUR LIGHTS FROM THIS PLAN ON ORCHARD STREET, UH, CURRENTLY. OKAY. THE, THE, OKAY. UH, UM, AND ONE ON WEST MAIN IS WHAT I'M SAYING. YEAH. I COULDN'T TELL IF THERE WAS ANY LIGHTING ON, ON UH, VISCO AND, UH, NORTH. THE OTHER, THE OTHER QUESTION THAT I HAD REGARDING, UM, IT LOOKS LIKE WE GOT, WE'VE GOT A SANITARY, A 20 FOOT SANITARY SEWER EASEMENT LEADING OUT TO ORCHARD. IS THAT WHAT I'M BELIEVE I'M SEEING? CORRECT, YES. THERE'S A 20 FOOT WIDE EASEMENT THERE. OKAY. YEP. AND THEN YOU'VE GOT A 10 FOOT WIDE UTILITY EASEMENT RUNNING KIND OF, THEY'VE GOT A 10 FOOT UTILITY EASEMENT RUNNING DOWN ON, UH, THE MIDDLE. APPEARS TO BE THE MIDDLE OF THE, UH, THE LOTS, THE FRONT ORCHARD STREET, THERE'S A 10 FOOT WIDE EASEMENT TO THE REAR OF THOSE, UM, FOR UTILITIES. OKAY. THESE WOULD BE UTILITIES LIKE, UH, STORM PIPE, UH, ELECTRICAL, UH, SAND, ANY UNDERGROUND UTILITIES THAT WE WOULD REQUIRE AT THE SITE PLAN PROCESS. STORM STRUCTURES ARE SEPARATE. YEAH. OKAY. IT'S PIPES, UTILITY, STORM SEWERS AND UTILITIES ARE DIFFERENT, BUT THAT MAY NOT, ALL THAT STUFF PROBABLY WON'T BE ON HERE. IT'S THAT TO THAT, TO THAT AMOUNT OF DETAIL THAT DON'T HAVE TO BE ENGINEERED AT THE NEXT STEP. THAT'LL GET, ALL OF THAT'LL GET RECORDED AND LAID. [01:45:01] OKAY. AND UH, THE LAST QUESTION IS, UH, UH, THE LOADED QUESTION IS ALWAYS THE STORM WATER MANAGEMENT POND. THE STORM WATER MANAGEMENT POND WILL BE MAINTAINED BY THE, BY AN HOA. IT'LL, UH, WHEN, UH, ARE WE AT A POINT WHERE WE CAN ASK WHEN IT WILL BE INSTALLED? THAT WOULD GET INSTALLED? IT GETS, IT GETS BUILT WHEN IT'S, WHEN IT'S BUILT, THAT, THAT, THAT COMES THROUGH WHEN EVERYTHING GETS BUILT. THAT GETS, THAT'S AN ACTUAL STRUCTURE. EVEN THOUGH IT COULD BE LIKE DIRT AND EARTH, IT'S ACTUALLY CONSIDERED A STORM STRUCTURE. SO IT'S JUST THE SAME AS, AS A PIPE OR ANYTHING LIKE THAT AS FAR AS INSPECTIONS GOES. BUT THAT WON'T BE DONE UNTIL CLOSE TOWARDS, PROBABLY TOWARDS THE END. NO, THAT'S INACCURATE. THE, THE, THE STORM POND SHOULD BE BUILT ON BEFORE THEY START CONSTRUCTION. TYPICALLY IT'S, IT'S DONE DURING GRADING. ONCE THEY GET THEIR GRADING, WE'RE GRADING. YEAH. BUT YEAH, THEY'LL HAVE THESP FENCE UP. BUT AGAIN, YOU KNOW, THE COUNTY WITH OUR AGREEMENTS, THE COUNTY, UM, SENDS THAT STORM WATER PORTION TO THE STATE TO DEQ TO REVIEW IT AND THEN SENDS IT BACK ONCE IT'S APPROVED. LIKE THEY LET US KNOW ONCE IT'S APPROVED OR WHAT CHANGES THEY NEED TO MAKE FOR IT TO BE APPROVED. BUT TOWN DOES NOT REVIEW THE STORM WATER MANAGEMENT. BUT THAT, THAT GETS INSPECTED AFTER IT'S BUILT. YES. ANYWAY, AGAIN, JUST TO MAKE SURE IT STILL FUNCTIONS. NOW. I CAN'T, IT'S TOO PIXELATED NOW. TOWN STAFF WILL NOT BE INSPECTING THAT, THAT WOULD BE, YEAH, IT WOULD. THE COUNTY AND D DQ. YEAH. BDQ. 'CAUSE AGAIN, I CAN'T, I CAN'T SEE THE, 'CAUSE THE PIXELATION OF IT. IF IT'S, IF IT'S GONNA BE A, 'CAUSE THERE ARE DIFFERENT STRUCTURES. I MEAN, IF IT'S, IF IT'S GONNA HOLD WATER AND IT'S LIKE A POND, OR IF IT'S, IF IT'S JUST GONNA BE A SEEPAGE, UM, FIELD, YOU KNOW, SO MOST OF THEM ARE JUST, YOU KNOW, THEY DON'T, THEY'RE INTENDED TO HOLD WATER LIKE PONDS, YOU KNOW, SO, BUT THAT DEPENDS ON, YOU KNOW, I, I, WHATEVER, WHATEVER THE ENGINEERS DECIDE FOR IT. OKAY. SO THEN AT THE SITE PLAN, UH, WE, WE WILL GET A BETTER IDEA OF, UM, BASICALLY WHO'S GONNA MANAGE IT. YES. 'CAUSE THAT'S, THAT'S VERY IMPORTANT. OKAY. ALRIGHT. AND THE SITE PLAN. THAT'S ALL I GOT. BE STAFF. RIGHT? THE SITE PLAN IS STAFF AND PLANNING COMMISSION. RIGHT. ANY OTHER QUESTIONS REGARDING THIS BUSINESS ITEM? OKAY, THERE'S A MOTION THEN ON THE FLOOR. UM, MS. PRESLEY, CAN YOU DO A ROLL CALL? COUNCILMAN WOOD? YES. VICE MAYOR ENTAL? YES. COUNCILMAN LACS? ABSENT. COUNCILMAN RAPPAPORT? YES. COUNCILMAN INGRAM? YES. COUNCILMAN D DEMON PAYNE? YES. OKAY. [12. CLOSED MEETING] MOVING ON. WE'RE AT ITEM NUMBER 12. UM, AND THIS IS OUR CLOSED, WE HAVE A CLOSED MEETING TONIGHT. AND SO COUNSEL, I'LL ENTERTAIN A MOTION. MADAM MAYOR, I MOVE THAT TOWN COUNCIL, CONVENE A CLOSED MEETING PURSUANT TO SECTIONS 2.2 DASH 3 7 1 1 AND 2.2 DASH 3 7 2 OF THE CODE OF VIRGINIA FOR THE FOLLOWING PURPOSE. ONE PURSUANT TO 2.2 DASH 3 7 1 1 A, ONE OF THE CODE OF VIRGINIA FOR THE DISCUSSION, CONSIDERATION, OR INTERVIEWS OF PROSPECTIVE CANDIDATES FOR EMPLOYMENT ASSIGNMENT, APPOINTMENT, PROMOTION, PERFORMANCE, DEMOTION, SALARIES, DISCIPLINING, OR RESIGNATION OF SPECIFIC PUBLIC OFFICERS, APPOINTEES OR EMPLOYEES OF ANY PUBLIC BODY, MORE SPECIFICALLY THE TOWN MANAGER POSITION. SECOND. OKAY, WE HAVE A MISSION. AND SECOND, ANY DISCUSSION? PAYROLL CALL. COUNCILMAN WOOD? YES. VICE MAYOR VIAL? YES. COUNCILMAN LOCS? ABSENT. COUNCILMAN RAPPAPORT? YES. COUNCILMAN INGRAM? YES. COUNCILMAN THE DEMON PAYNE? YES. OKAY. FOR ANYBODY'S KNOWLEDGE, WE WILL NOT BE COMING OUT WITH ANY ACTION, SO YOU ALL CAN GO ON HOME AND ENJOY YOUR EVENING. , WE, WE ON THE YEAH. NO FOOTBALL. WE ON THE OTHER HAND WILL BE GOING INTO THAT ROOM. GOOD NIGHT. THANK YOU. THANKS JUDGE. BYE. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.