* 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. [A. Call to Order] [00:00:47] I WILL OPEN THIS, UH, JUNE 16TH BOARD OF SUPERVISORS MEETING. ROLL CALL PLEASE. MR. ROY? YES, MRS. NOLL? HERE. MR. DREWRY. PRESENT. MR. ROME? HERE. MR. SHEPHERD? YEAH. MR. CHAIRMAN, YOU HAVE A QUORUM. THANK YOU. NOW GONNA CALL ON, UH, PASTOR, UH, JAMIE BOLTS FROM VICTORY CHURCH. YORKTOWN, PLEASE GIVE THE INVOCATION. THAT'S GREAT. BEFORE WE PRAY, I JUST WANTED TO SAY THANK YOU. I'M ORIGINALLY FROM HOUSTON, TEXAS. I SPENT MOST OF MY LIFE IN BOSTON, NEW YORK METRO AREA, AND, UM, I FEEL SO PRIVILEGED TO LIVE HERE IN YORK COUNTY. I AM TOM STEVEN, YOU ALL FROM THE YMCA AND THE BOARD. AND I'VE COACHED MANY OF YOUR CHILDREN HERE AT YORKTOWN FC. MY KIDS ARE GRAFTON GRADS, AND, UM, I, IT'S A PRIVILEGE TO PRAY OVER YOU AS YOU HELP GOVERN OUR COUNTY. THANK YOU. THANK GOD. I JUST LOVE YOU HERE. LET'S PRAY. EVERYBODY, LORD, GOD ALMIGHTY, MAKER OF HEAVEN AND EARTH, THE ONE WHO WAS THE ONE WHO IS, AND THE ONE WHO IS TO COME. LORD, WE JUST THANK YOU FOR ALL THAT YOU'RE DOING HERE IN THE COUNTY. GOD. LORD, I PRAY OVER A BOARD OF SUPERVISORS, LORD, AS WE WORK THROUGH OUR STORM ORDINANCES, AS WE WORK THROUGH SOME, SOME AMENDMENTS THAT WE NEED TO DO, LORD, FOR SOME SPECIAL, UM, ARTICLES THAT NEED TO BE MOVED, GOD AND LORD, I PRAY THAT YOUR SPIRIT WILL BE WITH HIM. GOD GIVE THEM WISDOM BEYOND THEIR YEARS. AND LORD, WE PRAY, MICAH SIX EIGHT, THE GREAT PROPHET WHO SAID, WHAT DOES THE LORD REQUIRE OF ME? BUT TO DO JUSTICE, TO LOVE, MERCY, AND WALK HUMBLY BEFORE OUR GOD. LORD, I PRAY A BOARD OF SUPERVISORS AND THE PEOPLE THAT LIVE HERE IN THE COUNTY, GOD, THEY WOULD HELP US TO DO THOSE THREE THINGS FOR THE COMMON GOOD, TO LIFT OUR COMMUNITY AND LIFT OUR PEOPLE. LORD, MAY WE CONTINUE DEEPLY TO, UH, STRENGTHEN THE MORAL FABRIC OF OUR COUNTY GOD, AND THAT WE WOULD BE PEOPLE WHO WOULD HAVE GOOD GOVERNANCE AND GOOD CITIZENS. LORD, LIFT OUR SCHOOLS, LIFT OUR FAMILIES, LIFT OUR INFRASTRUCTURE. LIFT OUR BUSINESSES. GOD, PRAY THAT YOUR SPIRIT BE WITH US, AND WE ASK THESE THINGS BECAUSE YOU ARE ELOHIM, GOD, OUR CREATOR. YOU ARE THE CHRIST WHO IS BOTH MAN AND GOD, AND IN THE POWER OF THE HOLY SPIRIT, WE PRAY. THANK YOU JESUS. AMEN. AMEN. AMEN. THANK YOU, PASTOR. STEPHEN, IF YOU COULD, UH, TAKE US THROUGH THE PLEDGE, PLEASE, SIR. RISES ARE ABLE, I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVIDUAL WITH LIBERTY AND JUSTICE FRAUD. OKAY. [E. Presentations] GOING TO, UH, TURN THE, UH, OVER TO THE, UH, VICE CHAIR, AND I WILL COME DOWN FRONT FOR SOME PRESENTATIONS. OKAY. BEGIN BY CALLING ON SHERRY NEWCOMB, DIRECTOR OF COMMUNITY SERVICES TO RECOGNIZE LYNN MCMULLEN, RECREATION SUPERVISOR. OKAY. YOU CAN THINK OF WHAT TIME. I'M GONNA TURN THIS OVER TO BEN, UM, OUR PARKS AND RECS MANAGER TO SPEAK ON LYNN'S BEHALF. THANK YOU. THANK YOU. THANK YOU. YOU SIR. SENATOR, GOOD EVENING. MY NAME IS BEN WHITENER AND I SERVE AS THE PARKS AND RECREATION MANAGER. IT IS AN HONOR TO RECOGNIZE LYNN MCMULLEN AND CELEBRATE HER 20 YEARS OF OUTSTANDING SERVICE TO YORK COUNTY. FOR THE PAST TWO DECADES, LYNN HAS BEEN A DEDICATED LEADER AT THE SENIOR CENTER, OVERSEEING DAILY OPERATIONS AND SERVING OUR RESIDENTS WITH PROFESSIONALISM, COMPASSION, AND CARE. HER COMMITMENT TO OLDER ADULTS IS REFLECTED IN THE MANY PROGRAMS, ACTIVITIES, ENTERTAINMENT AND WELLNESS INITIATIVES. SHE HELPS PROVIDE FOR THE COMMUNITY. LYNN WORKS CLOSELY WITH THE SENIOR CENTER BOARD STAFF AND VOLUNTEERS, AND HAS, HAS BUILT A STRONG PARTNERSHIP WITH ORGANIZATIONS SUCH AS THE PENINSULA AGENCY ON AGING, A A RP AND THE LOCAL LIBRARY BRINGING VALUABLE [00:05:01] RESOURCES AND SERVICES TO YORK COUNTY SENIORS. IN ADDITION TO HER WORK AT THE SENIOR CENTER, LYNN HAS SUPPORTED NUMEROUS COUNTY EVENTS OVER THE YEARS, INCLUDING THE YORK COUNTY YOUTH COMMISSION, THE 4TH OF JULY CELEBRATION, AND MOST RECENTLY SALE TWO 50. LYNN, THANK YOU FOR YOUR 20 YEARS OF INCREDIBLE SERVICE TO YORK COUNTY. CONGRATULATIONS ON THIS WELL-DESERVED MILESTONE. THANK YOU. ALRIGHT, THANK YOU. CONGRATULATIONS. THANK YOU. NOW, NONE ON THE AGENDA. I'VE GOT A COUPLE MORE AWARDS THAT I'M GONNA HAND OUT TONIGHT. OKAY. GOT THE YORKTOWN FESTIVAL SALE FESTIVAL. UH, NO, I'M NOT THERE YET. NO, I THOUGHT IT WAS OKAY. NEXT ONE. ALL. WHICH ONE ARE YOU LOOKING AT? NO, I HAVE SERVICE RECOGNITIONS THAT I'M STILL DOING. SO I, THE NEXT ONE, UM, UH, IS, IS OUR COUNTY ATTORNEY, RICHARD HILL. I'M NOT SURE HE EXPECTED THIS TONIGHT, BUT YOU KNOW, IT SEEMS LIKE YESTERDAY THAT JIM BARNETT WAS SITTING UP HERE, AND IT IS JUST YESTERDAY, BUT IT'S BEEN FIVE YEARS. AND I WANTED TO THANK, UH, RICHARD FOR THE WORK HE'S DONE OVER THAT FIVE YEAR PERIOD. UM, CAME TO US FROM THE RICHMOND COUNTY, UH, STAFF AND, UH, HAS BEEN, UH, ABSOLUTE, UH, PERFECT FIT INTO, UH, YORK COUNTY AND THE WORK HE'S DONE, UH, SINCE, UH, SINCE JAMES LEFT. SO, WOULD YOU, UH, KINDLY COME DOWN HERE AND ACCEPT A PIN? AND I'M JUST GONNA GO ONE STEP FURTHER. UH, MOST PEOPLE DON'T RECOGNIZE THE WORK THAT HE DOES OUTSIDE THE COURT, OUTSIDE OF, UH, YORK COUNTY AND HIS DAUGHTER IS ON SWIM TEAM AND NOW MADE, IS IT STATE LEVEL THAT SHE'S MADE FOR? YES. FOR THE MEAT. AND RICHARD DOES A LOT OF THE, UH, OFFICIATING AT THOSE EVENTS. SO WERE YOU A SWIMMER IN YOUR PAST? I WAS NOT. OKAY. SO MY CONGRATULATIONS AND THANK YOU. AND, AND NOW WE'LL MOVE TO THE SELF VEST. I DON'T KNOW WHICH AGENDA YOU'RE LOOKING AT. I'M LOOKING AT A DIFFERENT ONE. . ALRIGHT. OKAY. UM, SO YOU'RE LOOKING AT, UH, SPECIAL, SPECIAL PRESENTATION YORKTOWN YORKTOWN SOUTH. YES. YEAH. SO THERE'S TWO INDIVIDUALS, AND I'LL ASK THEM TO COME UP HERE. UH, COME UP HERE NOW. IT'S, UH, KEVIN, RICHIE AND, UH, CAPTAIN, UH, JAMES CROS. I'VE LOST MY NOTES. ANY OF THESE? YOU GOT THOSE? NOPE, I'VE LOST MY NOTES. HERE YOU GO. WHAT'S THIS SPARE COPY? THANK YOU. YOU GOT 'EM. I'VE GOT 'EM. WELL, IT, IT'S MY ABSOLUTE HONOR TO, UH, TO WELCOME THESE TWO GENTLEMEN TO THE STAGE. UM, YOU KNOW, BETWEEN THE TWO OF THEM YOU'VE GOT KEVIN HANDLING ALL THE LAND ACTIVITIES THAT OCCURRED OVER THIS PAST WEEKEND. YOU'VE GOT JAMES HANDLING EVERYTHING THAT HAPPENED ON THE WATER, AND THEN SOME, UM, WE'VE JUST HAD WHAT I THINK IS A PHENOMENAL WEEKEND. UH, CURRENT NUMBERS I'VE HAD IS THAT JUST ON THE WATER SIDE ALONE, WE'VE HAD 30,000 VISITORS COME, UH, THROUGH THE THREE DAYS OF THE CELL FEST. UM, IT'S WELL OVER 40,000 WHEN YOU CONSIDER THE, THE ADDITIONAL FOLKS THAT JUST CAME ON THE LANDSIDE. SO YOU'VE GOT PARADE OF SALES STARTING ON, UH, ON FRIDAY, AND THEN, UH, ALL OF THE, UH, TOURS OF, OF THE BOATS, UH, THROUGH SATURDAY. YOU'VE GOT THE COAST GUARD AND THEIR, AND THEIR TRAINING EXERCISES THAT THEY DID OUT IN THE BAY. AND THANK GOD FOR THAT BECAUSE THE BLADES FROM THAT HELICOPTER KEPT US OFF. COOL. AND, UH, WE HAD THE H HOVERCRAFT FROM, UH, THE COAST GUARD PRESENT HERE. IT WAS JUST A PHENOMENAL WEEKEND. AND, UH, I, YOU KNOW, WE MISSED A COUPLE OF THE SAILBOATS THAT WERE ORIGINALLY SUPPOSED TO COME. YOU WOULD NOT HAVE NOTICED. IT WAS, IT WAS JUST THE, THE WHOLE AREA WAS PACKED. IT WAS FULL. PEOPLE WERE, WERE, UH, TOURING THOSE, THOSE SHIPS AND IT WAS A WONDERFUL, UH, EXPERIENCE. AND THEN ON THE LAND SIDE, YOU'VE GOT THE CONCERTS. YOU'VE GOT THE, UM, UH, THE MARKET SET UP. YOU'VE GOT ALL OF THE ACTIVITIES AROUND THE DOCK, MASTERS, UH, FACILITY. YOU'VE GOT THE TROLLEYS. YOU'VE GOT EVERYTHING THAT WAS OCCURRING IN THE NATIONAL PARKS. YOU HAD THE, UH, WILLIAMSBURG SYMPHONY OUT HERE ON, ON SATURDAY NIGHT. IT WAS JUST ONE ACTIVITY AFTER ANOTHER, AFTER ANOTHER, AFTER ANOTHER. THESE TWO GENTLEMEN WERE THE HEART AND SOUL OF PLANNING AND EXECUTION OF, UH, OF THAT EVENT. AND, UH, I, I KNOW THERE'S MANY, MANY [00:10:01] OTHERS THAT, UH, ARE TO BE CONGRATULATED, BUT, BUT I REALLY LOOK AT THESE TWO AS HAVING BEEN THE LEADERS OF, OF THOSE RESPECTIVE PARTS. AND I WANTED TO THANK YOU. WE HAD A SPECIAL AWARD FOR YOU, WHICH IS FOR THE AUDIENCE. IT'S, UH, THERE'S A EMBLEM AT THE TOP. SALE, SALE YORKTOWN FESTIVAL, JUNE 12TH TO 14TH YORK RIVER HAS SEEN 250 YEARS OF AMERICAN HISTORY. THANK YOU FOR ADDING YOUR CHAPTER TO AMERICA'S 250TH COMMEMORATION. THANK YOU, JAMES. THANK YOU. UH OH, WE DIDN'T BREAK THE LENS. SO NOT SO FAST, MR. CHAIRMAN. SO, ON BEHALF OF ECONOMIC TOURISM AND DEVELOPMENT AND THE COUNTY, WE WOULD ALSO LIKE TO GO BACK TO COUNTY. SO FOR ALL THE SUPPORT WE DO, GOT YOU. UH, THERE'S A LOT OF HEAVY LIFTING BY THEM, BUT WITHOUT THE SUPPORT AND THE TELLING US TO DO IT, IT WOULDN'T GET DONE. SO THANK YOU. IT WAS EASY TELLING YOU TO DO IT. . IT'S QUITE A DIFFERENT STORY ACTUALLY. PULLING IT OFF. YOU DID. THEY PULLED IT OFF. YOU DID. WONDERFUL. THANK YOU BRIAN. GREAT JOB. ALRIGHT, THANKS. THANKS. AND I WANT YOU TO KNOW SOMETHING HERE. SEE THIS, IT'S DOWN HERE, NOT UP HERE. MM-HMM . I MOVED IT . AND WITH THAT WE'LL [F. Citizens' Comment Period] MOVE INTO, UH, CITIZEN'S COMMENT, PERIOD. AND I'LL CALL ON, UH, MS. PAM, UH, PERCHE. , YOU'LL GET IT RIGHT. EVENTUALLY. , I'LL GET IT RIGHT. YEP. UH, PAM POCHE 1 0 3, KIMBERLY COURT, YORKTOWN, DISTRICT FOUR. THERE'S A RUMOR ABOUT TRUMP'S LATEST MEDICAL EXAM REFUELING A DIAGNOSIS OF CHRONIC CRANIAL RECTAL INVERSION. JUSTICE RUTH BADER GINSBURG SAID WE NO LONGER HAVE A DIFFERENCE IN POLITICAL OPINION. WE HAVE A DIFFERENCE IN MORALITY. WHY DO SO MANY LAW ENFORCEMENT PERSONNEL SUPPORT TRUMP WHEN HE PARDONED THE INSURRECTIONIST WHO ASSAULTED POLICE CAUSED LONG-TERM DISABILITIES, SEVERAL DEATHS, AND WANTED TO REWARD THEM WITH YOUR TAX DOLLARS? TRUMP SAID THE INSURRECTIONISTS WERE ATTACKED BY DIRTY, CROOKED COPS. HOW CAN A WOMAN SUPPORT SOMEONE WHO WANTS TO TAKE AWAY ALL THE RIGHTS SHE HAS GAINED SINCE THE EARLY 1990S? EXCUSE ME, 19 HUNDREDS. WHY DO MINORITIES SUPPORT HIM SINCE HE WANTS TO ERASE ALL GAINS FROM THE 1964 CIVIL RIGHTS ACT? HOW CAN A CHRISTIAN ENDORSE HIS IDEATION AND ACTIONS THAT ARE THE TOTAL OPPOSITE OF COMMANDMENTS BY GOD AND JESUS? WHY DO LEGAL IMMIGRANTS SUPPORT HIM WHEN THEY KNOW OF THE TERROR SOME IMMIGRANTS EXPERIENCED IN THEIR HOMELANDS ONLY TO FACE IT IN THE US? HOW MANY, HOW CAN ANY PARENT SUPPORT HIM WHEN HE IS CUTTING FUNDING FOR LIBRARIES, EDUCATION, CHILDCARE, SUPPORT, SNAP AND MEDICAID, AND PROTECTS PEDOPHILES. WHY DO THAT SUPPORT HIM WHEN HE CALLS YOU SUCKERS AND LOSERS IN CUTS. FUNDING. WHY DO PRO-LIFERS SUPPORT HIS U-S-A-I-G CUTS RESULTING IN THE DEATHS OF OVER HALF A MILLION CHILDREN? WHY DOES ANYBODY SUPPORT HIM AS HE CUTS FUNDING FOR CANCER RESEARCH? IF YOU DO NOT SUPPORT BIGOTRY, CHRISTIAN NATIONALISM, WHITE SUPREMACY, MISOGYNY, VIOLENCE, WAR MONGERING, IGNORING JUDICIAL ORDERS, FIRING WOMEN AND MINORITIES AND GOVERNMENT DIVISIVE TACTICS, BRIBERY, EXTORTION, OR CHEERING BLOOD SPORTS AT THE WHITE HOUSE. WHY DO YOU CONSI CONS CONTINUE TO SUPPORT THIS REGIME? TRUMP SAID, I DON'T THINK ABOUT AMERICAN'S FINANCIAL SITUATIONS. I DON'T THINK ABOUT ANYBODY. IF TRUMP DOES NOT PROFIT, HE DOES NOT GIVE A DAMN. TRUMP ENJOYS WATCHING PEOPLE SUFFER. TRUMP DID 3,600 STOCK TRADES IN THE FIRST QUARTER OF 2026. BASED ON INSIDER TRADING, TAXPAYERS ARE FUNDING TRUMP'S GRIFT. IF ALL 450,000 PEOPLE WHO HAD THEIR TAX RETURNS LEAKED, RECEIVED TRUMP'S SELF-IMPOSED SETTLEMENT OF $1.776 BILLION, THEY WOULD BE AWARDED 799 TRILLION. $200 MILLION. TOTALLY BANKRUPTING AMERICA. TRUMP DECLARES STOLEN ELECTIONS WHEN DIMS WIN, BUT SOMEHOW WHEN REPUBLICANS WIN, THERE'S NO BALLOT RIGGING. SPEAKER MIKE JOHNSON SAID, DIMS ARE SO DIABOLICAL THAT THEY SUCCESSFULLY HIDE THEIR PROOF OF GUILT. IF [00:15:01] DIMS ARE DOING SUCH A GREAT JOB. HOW WAS TRUMP ELECTED IN 2024? FOR ANYONE WANTING TO USE MAIL-IN BALLOTS IN THE PRIMARIES OR NOVEMBER ELECTIONS, I STRONGLY URGE YOU TO VOTE EARLY IN PERSON OR HAND CARRY YOUR BALLOT TO THE REGISTRAR'S OFFICE. TRUMP IS ILLEGALLY DIRECTING THE POST OFFICE TO STOP DELIVERY OF SOME BALLOTS. IF YOU DID GET ONE AND ARE ON A LIST OF THIS REGIMES MAKING YOUR COMPLETED BALLOT WILL NOT BE DELIVERED TO THE REGISTRAR. YOU ARE BEING DISENFRANCHISED TO INCREASE THE ODDS OF A REPUBLICAN WIN. TRUMP IS DOING THE ONE RIGGING THE ELECTIONS. HE BELIEVES HE'S ENTITLED AND HAS SAID SO. NEVER HAS AMERICA HAD SUCH A CORRUPT ADMINISTRATION. THANK YOU. THANK YOU MS. POCHO. UH, ARE THERE ANY OTHERS IN THE AUDIENCE YOU'D CARE TO SPEAK? PLEASE COME FORWARD. STATE YOUR NAME, ADDRESS IN THREE MINUTES. YES. HI, TONY PENZA. LIVE IN GLOUCESTER, 2344 COMRADES ISLAND ROAD. SO I'M SEVEN MILES OVER THE BRIDGE, SO IT'S EASY TO COME OVER HERE. I LOVE COMING OVER TO YORKTOWN. YOU GUYS HAVE A GREAT, UH, WATERFRONT. IT'S A REALLY NICE PLACE. I THINK YOU DID GREAT ON THE WAY YOU SET IT UP. YOU MADE IT QUAINT, WHICH IS AWESOME. IT'S A, YOU HAD YOUR TWO 50 SAIL COME DOWN FOR THAT. COME DOWN FOR THE WATER. UM, FOR THE, UH, WATER BOAT RACES. SO THAT WAS ON JUNE 6TH. IT WAS ABOUT 96 DEGREES THAT DAY. SO I CAME DOWN ON ABOUT FOUR O'CLOCK RACES START AT FOUR 30. I PARK AT THE, UH, COURTHOUSE. 'CAUSE IT'S EASY. THERE'S NOT A LOT OF PEOPLE, YOU DON'T HAVE TO WORRY ABOUT PEOPLE RUNNING ACROSS THE ROAD. SO GOING TO THE COURTHOUSE, YOU PARK THE TROLLEY, PICKS YOU UP. JUST SO HAPPENED, I GET TO THE COURTHOUSE AND I GET THERE ABOUT 10. AFTER FOUR RACES START AT FOUR 30. EVERYTHING SEEMS GOOD, BUT THE TROLLEY IS RUNNING A LITTLE LATE, SO, OKAY, FOUR 30, I I GET ON, GO UP TO THE NATIONAL PARK AND THEN THEY SAY, OH, THIS IS OUR LAST RUN FOR THE, OUR TROLLEY BECAUSE WE CLOSED AT FIVE 30. I'M LIKE, SO BY THE TIME HE GOES UP THE PARK DOWN TO WATER STREET, AND I'M LIKE, I'M NOT GETTING OFF IF YOU'RE NOT PICKING ME UP. SO NOW YOU GO UP TO THE, UH, MUSEUM AND THEN BACK DOWN TO WATER STREET. SO, I DON'T KNOW, MAYBE HAVING A CONTINUOUS LOOP INSTEAD OF THE TROLLEY PICKING PEOPLE UP AT WATER STREET, GOING UP TO THE MUSEUM. FIVE 15 MINUTES LATER, YOU'RE BACK AT THE SAME PLACE AS GOING A DIFFERENT DIRECTION. SO I'M JUST HOPING THAT SOMEBODY CAN, I DIDN'T KNOW WHO TO TALK TO. I WAS SO EXASPERATED WITH THE BUS DRIVER AND I KNEW IT WASN'T HIS FAULT. SO I DON'T KNOW WHO, WHO, IT'S NOT A FAULT. IT'S JUST A RECOMMENDATION. AND NOW WE GOT THESE THURSDAY NIGHT, UM, PARTIES AND THEY'RE, UM, BACK YOU USED TO CALL IT, UM, SHAGGING AT THE RIVER AND THE SHAGGING AT THE RIVER. OH, IT STARTS AT SIX 30. DOES THAT MEAN THERE'S NO TROLLEYS? SO I ASKED, I COME DOWN THIS WEEKEND AND I ASKED THE TROLLEY, UM, DRIVERS, ARE YOU DRIVING AFTER FIVE 30? NOPE, FIVE 30. SO THAT THREW OUT MY, IT USED TO BE NICE. I'D, I'D LEAVE MY HOUSE AT SIX 20 AND GO UP THERE AND GET ON THE TROLLEY AND BE AT, HAVE MY, YOU KNOW, MY CHAIRS AND EVERYTHING. SO IT'S A, IT'S A NICE THING TO, UM, HAVE THE TROLLEY, BUT IF IT DOESN'T ACCOMMODATE THE TIME OF THE, THE PARTIES AND THE ACTIVITIES, THEN IT DOESN'T MAKE SENSE. SO, CONTINUOUS LOOP AND WITH THE TIME, THANK YOU VERY MUCH AND I ENJOY IT. APPRECIATE YOUR INPUT. THANK YOU. ARE THERE ANY OTHERS? WISHING TO SPEAK. SEEING NONE. I'LL CLOSE THE CITIZEN COMMENT PERIOD. UH, I'LL BEGIN WITH, [G. County Attorney Reports and Requests] UH, COUNTY ATTORNEY REPORTS AND REQUESTS. UH, THANK YOU MR. CHAIRMAN. THE ONLY THING I HAVE TO NOTIFY YOU LET YOU ALL KNOW ABOUT THIS A THIS EVENING IS YOU MAY HAVE SEEN IN THE NEWS THAT THE RETAIL MARIJUANA IS BACK. UH, IT IS LIKELY TO BE A PART OF THE RECONCILED BUDGET DEAL THAT WILL BE CONSIDERED AND PASSED BY THE GENERAL ASSEMBLY. UH, NOT CLEAR WHAT'S GONNA BE IN THAT PROVISION, BUT IT LOOKS LIKE IT'S GONNA, UM, START THE, THE NEWS REPORTS THAT THEY'RE EXPECTING IT TO START JULY 1ST, 2027. AND THERE WILL BE SOMEWHERE, I I WANNA SAY 300 TO 350 RETAIL LICENSES ALLOWED AND A VARIETY OF OTHER LICENSES. UH, THE TAX PROVISIONS THAT WILL ALLOW THE LOCALITIES TO IMPOSE ADDITIONAL TAX IS, IS GONNA BE IN THE BILL. WHAT WE DON'T KNOW, AND WHAT WE HAVEN'T SEEN YET, IS WHETHER OR NOT THE BILL WILL SIGNIFICANTLY COURT CURTAIL OR PRESERVE LOCAL GOVERNMENT AUTHORITY, PARTICULARLY OVER ZONING [00:20:01] AND OTHER TRADITIONAL POLICE POWERS AS IT PERTAINS TO THESE ESTABLISHMENTS. AND SO, STAY TUNED. THANK YOU. AND I'LL [H. County Administrator Reports and Requests] MOVE ON TO, UH, COUNTY ADMINISTRATOR REPORTS AND REQUESTS. THANK YOU, MR. CHAIRMAN. UM, I'D LIKE TO JUST TAKE A MOMENT AND RECOGNIZE THE TREMENDOUS SUCCESS THAT SAIL FESTIVAL WAS THIS WEEKEND, AND THANK MANY OF THE PEOPLE THAT MADE IT POSSIBLE. WE DID A LITTLE BIT OF THAT TONIGHT, BUT OVER THE COURSE OF THE THREE DAYS, YORKTOWN WELCOMES TENS OF THOUSANDS OF RESIDENTS AND VISITORS WHO CAME TOGETHER TO CELEBRATE MARI, OUR MARITIME HERITAGE, OUR NATION'S HISTORY, AND THE ROLE THAT AMER WE PLAYED IN AMERICA'S 250 COMMEMORATION. I'D LIKE TO OFFER A SPECIAL RECOGNITION TO KRISTI OLSON, DIRECTOR DARREN WILLIAMS, DEPUTY DIRECTOR OF ECONOMIC TOURISM DEVELOPMENT, ALONG WITH THEIR ENTIRE ECONOMIC AND DEVELOPMENT TOURISM TEAM. I THINK THERE IS 24 HOURS IN A DAY, OVER THREE DAYS, AND I THINK THEY WORKED A HUNDRED HOURS. AND I KNOW THAT MATH DOESN'T MATH, UH, BUT THEY WERE HERE THE ENTIRE TIME. UM, BUT THEY LED THE PLANNING AND COORDINATION OF THIS EVENT OVER THE LAST TWO YEARS. AND IT TRULY WAS A TWO YEAR PLANNING EFFORT. UH, THERE ARE LEFT EFFORTS ALONG WITH THE SUPPORT OF NUMEROUS COUNTY DEPARTMENTS, PARTNERS, SPONSORS, VOLUNTEERS, THE MILITARY ORGANIZATIONS, RESULTED IN AN EXTRAORDINARY WEEKEND HERE IN YORKTOWN. I'D LIKE TO THANK THE SHERIFF'S OFFICE, THE FIRE DEPARTMENT, EMERGENCY COMMUNICATIONS, PUBLIC AFFAIRS, PUBLIC WORKS, PARTS AND RECREATION, AND MANY OTHER STAFF AND OTHER DEPARTMENTS AS WELL, WHO WORKED BEHIND THE SCENES TO ENSURE A SAFE AND SUCCESSFUL EVENT. THE IMPACT WAS SIGNIFICANT. PRELIMINARY ESTIMATES INDICATE THAT MORE THAN 3000 PEOPLE VISITED THE PI ALONE. 30. SO THAT'S 10,000 A DAY. I MEAN, 30,000, YOU'RE CORRECT. THANK YOU. , UH, GLASSES ON. NOT, NOT TRYING, TRYING TO READ WITHOUT GLASSES. , UM, UH, YES, 30,000. UM, AND SO YOU CAN IMAGINE THE CROWD IN TOWN WAS TWO TO THREE TIMES LARGER THAN THAT THROUGHOUT THE WEEKEND. YORKTOWN'S TROLLEYS ALONE RECORDED OVER 10,000 RIDERS, WHICH MADE IT ONE OF THE MOST, UH, BUSIEST WEEKENDS EVER. UM, IN ADDITION, THE FESTIVAL GENERATED EXTENSIVE LOCAL, REGIONAL, AND NATIONAL ATTENTION, INCLUDING 27 ONLINE MEDIA STORIES. UH, MORE THAN 770, 600,000, UH, SOCIAL MEDIA IMPRESSIONS THROUGHOUT THE VISIT, YORKTOWN AND RIVERWALK LANDING CHANNELS. UH, WE HAD ON FRIDAY. I KNOW WE HAD ALL THREE LOCAL STATIONS HERE, UH, ALL MORNING, UH, FOR THE CEREMONIES. UM, WHILE THOSE NUMBERS ARE IMPRESSIVE, WHAT REALLY STANDS OUT MOST IS THE TEAMWORK, THE COMMUNITY SPIRIT THAT MADE IT POSSIBLE. THE SALE, YORKTOWN FESTIVAL SHOWCASED YORK COUNTY AT ITS VERY BEST AND DEMONSTRATED WHAT CAN BE ACCOMPLISHED WHEN PEOPLE WORK TOGETHER TOWARDS A COMMON GOAL AS WE CONTINUE BUILDING MOMENTUM TOWARDS A BIGGER EVENT. YORKTOWN 250TH ANNIVERSARY IN 2031 THIS WEEKEND SERVED AS A REMINDER OF YORKTOWN'S UNIQUE PLACE IN THE NATION'S HISTORY TO EVERYONE PLAYED A ROLE IN SALE YORKTOWN FESTIVAL. THANK YOU FOR A JOB. EXTREMELY WELL DONE. THANK YOU. AND I WOULD [I. Matters Presented by the Board] ASK IF WE COULD FOLLOW UP ON THE TROLLEY COMMENTS TONIGHT AND SEE IF THERE'S AN IMPROVEMENT WE CAN MAKE THERE. YES. WE, WE DID RUN IT IN THE EVENINGS, UH, PART OF THE ISSUE, UH, ON THE BOAT RACE WEEKEND. RIGHT NOW, WE STILL HAVE THE, WE HAD THE PARKWAY SHUT DOWN, SO WE DO HAVE TO MODIFY SOME ROUTES. BUT ON THURSDAY NIGHT CONCERTS, WE DO RUN IT UNTIL, UH, 10 30 ON THURSDAY NIGHTS FOR THE CONCERT. WHEN'S THE CONCERT END? CONCERT ENDS AT NINE 30. OKAY. SO WE RUN IT UNTIL WE GET EVERYBODY BACK. HOW DO YOU KNOW? WE ANNOUNCE IT. IT'S ON OUR WEBSITE. IT'S ON OUR SOCIAL MEDIA SITE. IT'S EVERYWHERE POSTED FOR BUS DRIVERS. MM-HMM . . THIS IS NO TALKING ABOUT THE TROLLEY. I DECIDED THERE WAS A GOOD THING FOR ME TO, TO GO RIDE THE TROLLEY AND, AND GET THE EXPERIENCE. AND I HAD MY FAMILY WITH ME. AND THE DRIVERS DESERVE KUDOS FROM EVERYBODY. IT WAS STANDING ROOM ONLY ON THE TROLLEYS. IT WAS JAM PACKED. IT WAS LIKE A TUNA TROLLEY. THEY WERE SO FULL, AND THEY DID THE VERY BEST JOB THAT THEY COULD. THEY WERE OVERWHELMED WITH THE NUMBERS OF, OF PEOPLE, WHICH WE WERE HAPPY ABOUT. UH, AND WE KNOW IN THE FUTURE, WE'RE JUST GOING TO HAVE TO MAKE MORE ADJUSTMENTS SO THAT WE CAN HANDLE THE CROWDS THAT REALLY WANNA RIDE THOSE ICONIC TROLLEYS. I HAVE TO TELL YOU, STAFF BUSES, KUDOS. I CAN'T GO ON WITH WHAT BRIAN SAID. IT WAS A FANTASTIC, A FANTASTIC WEEKEND. AND I'M SURPRISED THAT SOME PEOPLE HAVEN'T COME UP TO SPEAK ABOUT HOW NICE THAT IT WAS, BECAUSE IT WAS SPECTACULAR. AND THE PEOPLE THAT I TALKED TO SO ENJOYED THE FACT, AND THEY LOVED GOING ON THE, [00:25:01] ON THE, ON THE SHIPS AND THE BOATS. AND I LOVED SEEING THE MIDSHIPMAN, TAKING THE MIDSHIPMAN HATS AND PUTTING THEM ON CHILDREN AND TAKING PICTURES OF THEM. I MEAN, IT WAS A, IT WAS A FAMILY AFFAIR. WE ALWAYS TALK ABOUT YOUR COUNTY IS A FAMILY AFFAIR. WELL, LET ME TELL YOU PEOPLE WHO CAME FROM ALL OVER, UNDERSTAND NOW WHAT WE MEAN WHEN WE TALK ABOUT A FAMILY AFFAIR. UH, STAFF STARS IN YOUR CROWN. THAT'S ALL THAT I CAN SAY. I KNOW YOU'RE TIRED. I I KNOW YOU'RE EXHAUSTED. I KNOW YOU DO. I HAVE TO GO THROUGH THIS AGAIN. BUT THIS WAS, THIS WAS THE PRECURSOR WHAT'S GOING TO COME IN 2031. SO Y'ALL HAVE TO BE PREPARED. AND IN THE MEANTIME, WE'VE GOT THE 4TH OF JULY COMING UP, WHICH IS THE 250TH ANNIVERSARY OF, OF THE SIGNING OF THE DECLARATION OF INDEPENDENCE. AND I, THIS IS, THIS IS A SPECIAL PLACE. AND KUDOS TO ALL OF YOU WHO, WHO PARTICIPATE BECAUSE YOU GET OUT OF LIFE WHAT YOU PUT INTO IT. AND BELIEVE ME, IT WAS A JOYOUS OCCASION. THANK YOU. THANK YOU, MR. SHEPHERD. UH, YEAH. I MEAN, IT WAS OBVIOUSLY, UH, WE HAD, WE HAD A GREAT TIME AND THERE WAS A LOT OF FOLKS THAT CAME DOWN AND HAD A GREAT TIME. UM, I'M A LITTLE CONCERNED, UM, THAT SOMETIMES WE FORGET, ESPECIALLY THIS YEAR, THIS SUMMER FINALLY GOT HERE, IT SEEMED LIKE, UH, ABOUT A WEEK OR SO AGO, IT WAS STILL, UH, LATE WINTERS, EARLY, LATE SPRING OR SOMETHING LIKE THAT. AND THEN ALL OF A SUDDEN IT'S UP TO A HUNDRED DEGREES. UM, DURING THE, UM, CELEBRATIONS. IT WAS INTERESTING SEEING THAT SOME OF THE, UH, REENACTORS WERE DRESSED IN THEIR OLD, THE BUCK SKINS AND ALL THAT. AND SURE ENOUGH, GUESS WHAT? THE HEAT GETS TO 'EM. ALRIGHT? AND, UH, THANKS TO OUR FIRE AND LIFE SAFETY MM-HMM . THEY WERE ABLE TO RESPOND TO THAT. UM, SO, SO MY COMMENT IS THAT THIS IS, THIS IS NOW THE HOT TIME OF THE YEAR. UM, IF YOU'RE OUTSIDE YOU, YOU NEED TO BE PREPARED, UH, FOR THE HOT WEATHER. AND THAT'S, AND A BIG PART OF THAT IS MAKE SURE YOU, YOU ARE HYDRATING. IF YOU HAVE PETS, DON'T FORGET YOUR PETS, OKAY? AND DON'T LEAVE THEM IN A CAR. UM, AND WATCH YOUR KIDS. DON'T LEAVE YOUR KIDS IN A CAR. THAT ALWAYS HAPPENS. AND IT'S PRETTY SAD. SO THIS IS A GREAT TIME OF THE YEAR TO BE OUTSIDE THE FAMILIES. EVERYBODY'S RUNNING AROUND HAVING A GOOD TIME. BUT LET'S KIND OF KEEP, UH, KEEP AN EYE ON EACH OTHER AND, AND MAKE SURE WE'RE, UH, USING THE SUNSCREEN. AND YOU'RE HYDRATING, YOU'RE TAKING CARE OF THE, YOUR, YOUR PETS. AND, UH, AND THAT'S ALSO INCLUDE WALKING A DOG ON A, ON A ASPHALT ROAD. UH, MOST DOGS ARE SMART ENOUGH, THEY'LL GET OFF THE ROAD, BUT PEOPLE KEEP TRYING TO DRAG 'EM BACK ONTO THE, YOU KNOW, THE ASPHALT'S PROBABLY UP TO 120, 130 DEGREES. SO LET'S BE CAREFUL. I THINK, UM, I THINK, AGAIN, BACK TO THE, UH, UM, THE CELEBRATION THIS WEEKEND WAS JUST AWESOME. YOU GUYS DID A TREMENDOUS JOB. I KNOW IT'S JUST BEHIND THE SCENE. AND THE ONE THING I LEAVE YOU WITH THIS IS THAT I HAD PEOPLE THAT ARE NOT FROM HERE, BUT COME DOWN HERE FOR OUR EVENTS. AND THEY SAID THAT THIS KIND OF EVENT YOU GUYS REALLY PUT ON A SHOW, YOU REALLY PUT ON A SHOW. AND, UH, THAT, THAT GOES, THAT GOES FOR THE STAFF. I MEAN, THAT'S TO YOU GUYS. YOU PUT ON A GREAT SHOW. SO WE MADE US ALL PROUD. THANK YOU VERY MUCH, MR. UH, DREW. YEAH, I, I WOULD ECHO, UH, Y'ALL'S COMMENTS. UM, IT WAS AMAZING TO SEE THE AMOUNT OF, UM, EXCITEMENT AND, UM, KIDS RUNNING AROUND ALL OVER THE PLACE, AND THE SERVICEMEN AND WOMEN, THE SHIPS, THE GALORE. UM, YOU KNOW, YOU GUYS EDA DID A, A FABULOUS JOB. AND THEIR DOCK MASTER, UH, WE'VE ALREADY RECOGNIZED. AND SOME OF THESE OTHERS THAT SPENT, LIKE BRIAN SAID, THEY PROBABLY SPENT MORE THAN 24 HOURS A DAY, IF THAT'S POSSIBLE. UM, PROBABLY NOT A LOT OF SLEEP, BECAUSE EVERY TIME I WENT DOWN THERE, I SAW 'EM ALL RUNNING AROUND LIKE CHICKENS WITH THEIR HEAD CUT OFF, TRYING TO GET THINGS DONE. BUT, UM, IT WAS JUST A FABULOUS WEEKEND. AND AS SHEILA SAID, IT'S A PRECURSOR. WE'VE GOT 4TH OF JULY RIGHT AROUND THE CORNER, AND IT'S GONNA BE EVEN BIGGER THAN WHAT WE JUST WENT THROUGH. SO THIS WAS KIND OF OUR TRIAL RUN, AND I THINK WE KNOCKED IT OUT OF THE PARK. SO FOR THE STAFF, ALL, ALL OF Y'ALL FIR AND LIFE SAFETY, OUR SAFETY, OUR SHERIFF'S DEPARTMENT, FABULOUS JOB. AND, UH, LOOKING FORWARD TO 4TH OF JULY, UM, I'LL GO TO GIVE YOU A QUICK UPDATE ON NEW BUSINESSES, UH, TO YORK COUNTY. UH, CHIPOTLE'S STILL COMING ALONG WELL, THE DUTCH BROS HAS, UH, CLEARED THE LAND AND, UH, I THINK THEY'RE GONNA BE STARTING SOME FOUNDATION WORK HERE BEFORE LONG, UH, COOKOUTS COMING ALONG. WELL, THEY'VE GOT ALL THE BRICK UP AND, UH, THEY'RE INSIDE WORKING NOW. AND, UM, I, I AM WORKING, UH, DILIGENTLY WITH, UH, MEADOWS CREAMERY. UH, IF YOU'VE EVER BEEN TO THE ONE IN WILLIAMSBURG, THERE'S ONE IN HAMPTON. UH, IT'S AMAZING. [00:30:01] AND, UM, THEY'RE LOOKING TO COME TO YORK COUNTY. SO, UH, WE'RE TRYING TO GET THEM THROUGH THE PROCESS AND HOPEFULLY THAT'LL HAPPEN HERE PRETTY QUICK. SO THAT'S ALL I HAVE. THANK YOU CHAIR, MR. ROME. YEP. THANK YOU. SO, YOU KNOW, I DON'T GET DOWN TO THE WATERFRONT NEARLY AS MUCH AS I WOULD LIKE, BUT I GOTTA SPEND A LOT OF QUALITY TIME HERE OVER THE PAST TWO FANTASTIC WEEKENDS WITH SOME GREAT EVENTS THAT WE'VE HAD AND GOT A TON OF GREAT FEEDBACK FROM FOLKS WHO ARE ALSO ATTENDING THEIR, ATTENDING THESE EVENTS. UM, AND I GOTTA SPEND SOME TIME TALKING WITH STAFF ON HOW ARE THINGS GOING, WE OKAY AND EVERYTHING. AND THERE ARE, THERE ARE SOME HICCUPS, BUT YOU WOULDN'T KNOW TO LOOK AT IT. THE ONLY WAY, ONLY WAY YOU WOULD KNOW IF YOU ACTUALLY ASKED, ASKED ABOUT IT, AND THEY'D GIVE YOU FEEDBACK. BUT ONE THING THAT IMPRESSED ME ABOUT THESE WEEKENDS IS WHAT A HUGE LIFT IT IS TO MAKE WEEKENDS LIKE THIS HAPPEN. IT IS MONTHS AND MONTHS AND MONTHS OF PLANNING AND COLLABORATION AND COORDINATION, NOT JUST WITHIN COUNTY STAFF, BUT WITH STATE AND FEDERAL AGENCIES, NATIONAL PARK SERVICE, OUR FIRE AND LIFE SAFETY, OUR SERVICE DEPARTMENT TO GET ALL THE RIGHT PEOPLE IN ALL THE RIGHT PLACES AT ALL THE RIGHT TIME. SO THESE THINGS HAPPEN AND EVERYBODY CAN ENJOY THEMSELVES. UH, CAPTAIN SCRUGGS HAD CONTRACTS FOR SHIPS AS FAR AS BACK AS LAST YEAR FOR SHIPS TO COME HERE. JUST THIS, THIS PAST WEEKEND. UM, COORDINATING THE, THE FIREWORKS, GETTING ALL THE PERMITS IN PLACE FOR THAT. UM, I KNOW CAPTAIN SCRUGGS WAS ON, ON THE PHONE 1130 AT NIGHT ON THURSDAY NIGHT BEFORE THE, THE FESTIVAL KICKED OFF. 'CAUSE HE'S WATCHING SHIPS ON HIS COMPUTERS, KNOWING WHO THE CAPTAIN IS, CALLING THEM UP AND SAY, HEY, WHY DON'T YOU COME VISIT YORK TIME TOMORROW? THAT'S THE KIND OF DEDICATION THAT SO MANY PEOPLE IN THE STAFF HAVE TO MAKE. THINGS LIKE THIS HAPPEN. AND JUST THE STRUGGLES TO GO THROUGH, I WAS TO PUT THOSE SIX POLLENS IN THE GROUND OR IN THE WATER ON THE SHORELINE TO ORDER FOR US TO HAVE THAT DOCKING CONTEST WAS JUST HUGELY POPULAR. THAT BOUGHT BOATERS FROM EASTERN SHORE, FROM MARYLAND DOWN HERE TO COMPETE WITH US. HE HAD TO WORK WITH STATE AGENCIES, THE FEDERAL AGENCIES, THE COURT CAR WAR ENGINEERS, OR, UM, VMRC, SOME STATE HISTORICAL COMMITTEES, JUST TO GET THOSE SIX POLLS PUT, PUT IN, PUT IN THE GRIND THERE. UM, I, I COULD SEE THE STRESS ON HIS FACE OF, HOPEFULLY AFTER SUNDAY NIGHT. HE'S, HE CAN, HE CAN RELAX, RELAX A LITTLE BIT. BUT THE SAME IS TRUE WITH, UH, ECONOMIC DEVELOPMENT AND TOURISM OFFICE. A LOT, A LOT OF STRESS THERE AS WELL. MAKING SURE IT ALL COMES OFF THAT HITCH. SO, AGAIN, JUST VERY IMPRESSED WITH THE EFFORT IT TAKES TO MAKE THOSE THINGS HAPPEN. AND THEY WERE, AND THEY WERE ALL OUT YESTERDAY PICKING UP EVERYTHING A AFTER SUNDAY NIGHT, JUST TO PUT IT ALL AWAY FOR THREE WEEKS TO PUT IT ALL BACK OUT AGAIN IN ORDER FOR THE INDEPENDENT STATE. SO MAKE SURE YOU COME DOWN AND ENJOY IT. IF YOU SEE SOMEBODY WITH A TINY SHIRT ON, DON'T FEEL SHY. TELL 'EM, TELL 'EM THANKS. 'CAUSE THEY WORKED HARD TO MAKE THAT HAPPEN. AND ONE PORT, UH, ONE OF THE BUSINESSES I LIKE TO MENTION THE STUFF ON 17 IS PRETTY VISIBLE. BUT THERE'S SOME THINGS OFF 17 THAT, THAT HAVE OPENED UP THAT MAY NOT BE AS VISIBLE, UH, DAY AND NIGHT CEREAL BAR OWNED BY LOCAL FAMILY, RIGHT? LIVE RIGHT THERE OFF OF, UH, LAKESIDE DRIVE. UM, THEY'RE IN THE GRAFTON, UH, SQUARE SHOPPING CENTER. YOU GOT A SWEET TOOTH, THAT'S PROBABLY WHERE YOU OUGHT TO FI FIND YOURSELF. SO THE BIG ONES ARE VISIBLE ON 17, BUT DON'T MISS THE OTHER ONES THAT ARE OPENING UP AS WELL. GOOD PEOPLE THERE. AND, UH, HOPE WISH THEM A LOT OF SUCCESS AS WELL. THANK YOU. THANK YOU. WE HAD A FEW, UH, ADDITIONAL COMMENTS TO MAKE. UH, I THINK, I THINK, UH, THE BOARD HAS ALREADY SPOKEN HIGHLY OF, UH, THE WORK THAT'S TAKEN PLACE AND THE, AND THE COUNTY'S EFFORTS THAT WENT INTO THIS. I, I WANTED TO KINDA REACH OUT AND ALSO RECOGNIZE THAT WE HAD VISIT WILLIAMSBURG. WE HAD THE CHAMBER OF COMMERCE, WE HAD THE NATIONAL PARKS, WE HAD THE COAST GUARD, WE HAD THE NAVY. WE EVEN HAD, UH, STATE OFFICIALS HELPING US DECLARE WHEN WE COULD HAVE FIREWORKS. UM, IT, IT WAS A COLLECTIVE EFFORT BY MANY, MANY PARTIES. AND, UH, I CAN'T SAY ENOUGH, CERTAINLY THE NATIONAL PARKS. I THINK THEY BROUGHT IN 35 OR 36, UH, PARKS SERVICES, UH, EMPLOYEES FROM ACROSS THE COMMONWEALTH TO SUPPORT THE EFFORTS HERE. AND THEY WERE EVERYWHERE THEY WERE WITH OUR TWO 20. YEAH. COURSE I SAID I MASS THEM WITH OUR ABOUT 200 SOME PEOPLE. WE HAVE WORKED. YEAH. BUT IT WAS, IT WAS, UM, IT WAS A GREAT EFFORT AND, AND A LOT OF EFFORT FROM GROUPS OUTSIDE OF YORKTOWN THAT, THAT CAME TOGETHER TO MAKE THIS HAPPEN. UH, THE, THE VA TWO 50, UH, COMMITTEE AS WELL WAS VERY, UH, EVIDENT AND, UH, AND SUPPORTIVE THROUGHOUT THIS WEEKEND. I WANT TO TALK ABOUT SOME OF THE KIND OF PERSONAL EXPERIENCES. UM, YOU KNOW, I WAS ON BOARD THE, THE NAVY SHIPS ON THE WEEKEND, AND, YOU KNOW, THE TOURS WERE GOING ON AND THE CAPTAINS WERE BUSY, ET CETERA. BUT I, I SPOKE WITH THE MIDSHIP, UM, MIDSHIPMAN PERSONNEL AND TO A PERSON, THEY [00:35:01] CAME UP TO ME AND JUST WANTED TO EXPRESS THEIR GRATITUDE FOR YORKTOWN. IT IS, IN THEIR VIEW, THE HIGHLIGHT OF ANY TOUR STOP IN THE SUMMER WHEN THEY'RE, UH, WHEN THEY'RE VISITING MULTIPLE CITIES, IT'S ALWAYS YORKTOWN THAT THEY SIGN UP TO GO TO. THEY SAID, YOU ROLL THE RED CARPET OUT FOR US. AND, AND THAT WAS JUST NO UNDERSTATEMENT. THEY, THEY REALLY APPRECIATE EVERYTHING THAT'S DONE FOR THEM, AND NOT JUST ON THIS WEEKEND, BUT ON ALL THE TIMES, ALL THE WEEKENDS, WHEN THEY MIGHT BE HERE, OR WEEKDAYS WHEN THEY MIGHT BE HERE THROUGH THE YEAR. SO, MY CONGRATULATIONS, BECAUSE THAT JUST SPEAKS VOLUMES OF THE WORK THAT YORK COUNTY DOES, NOT JUST ON SOFA WEEKEND, BUT THROUGHOUT, THROUGHOUT THE ENTIRE SEASON. AND THEN I HAD ONE OTHER ITEM THAT I WANTED TO MENTION. UM, MR. BREWERY HAS ASKED AND ASKED AND ASKED, UH, AND WE FINALLY, UH, REACHED THE, UH, DECISION TO, UH, BRING A BUSINESS ADVOCATE POSITION ON BOARD. AND THAT, UH, GENTLEMAN WILL START, UM, MID JULY. UM, IT'S AN ARMY CRIMINAL, UM, RETIRED ARMY CRIMINAL, UH, WITH MANY YEARS OF SERVICE ALSO, UH, AT NEWPORT NEWS. AND HE COMES TO US, UH, TO, TO, UH, BEGIN IN THE BUSINESS ADVOCATE ROLE THAT, UH, GENTLEMAN'S NAME IS BO CLAYTON. SO WE LOOK FORWARD TO RECOGNIZING HIM AND, AND, UH, SUPPORTING HIM IN THAT, IN THAT EFFORT. AT THIS POINT, WE MOVE INTO RECESS, AND BECAUSE THE PUBLIC MEETINGS, UH, DON'T ACTUALLY START TILL SEVEN, UM, WE ARE ADJOURNED FOR ABOUT 20 MINUTES. WE [2. Amendment to Stormwater Ordinance — Fees and Other. Consider adoption of proposed Ordinance No. 26-13 to amend the York County Erosion and Stormwater Management Ordinance currently numbered as 10-25(A) through (C), to amend the Fee Provisions as mandated by the Virginia Department of Environmental Quality. Approved] BEGIN THE PUBLIC HEARINGS. SO THE FIRST ITEM IS AMENDMENT TO, TO STORMWATER, UH, ORDINANCE COLIN ROB, UH, KREGER TO, UH, PROVIDE DETAILS AND DISCUSSION. GOOD EVENING, CHAIRMAN ROY, VICE CHAIR SHEPHERD, MEMBERS OF THE BOARD, MR. FULLER, MR. HILL. I'M HERE TONIGHT TO TALK ABOUT, UH, PROPOSED AMENDMENTS, UH, TO ORDINANCE NUMBER 26 13, UH, OF THE YORK COUNTY EROSION TO STORM WATER, UM, MANAGE MANAGEMENT ORDINANCE, UM, AS MANDATED BY, UH, THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY. SO BASICALLY WHAT WE ARE IS A, A FEE PASS THROUGH FOR THE STATE OF VIRGINIA. AND IT'S BEEN SEVERAL YEARS. THEY DID IT ONCE IN 24, AND BEFORE THAT IT WAS ABOUT A DECADE. BUT THE VIRGINIA CODE WAS AMENDED IN DECEMBER OF 25, AND NOW THEY WANT TO CHANGE THE FEES EVERY YEAR. IN YOUR CORRESPONDENCE PACKAGE, THERE WAS SOME, A LIST OF THE FEES. SO WE WERE GONNA PULL THE FEES OUT OF THE ORDINANCE, UH, PUT 'EM UNDER OUR PROGRAM, UH, ADMINISTRATOR AS REQUESTED BY VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY, KEEP EVERYTHING ELSE IN THE ORDINANCE THE SAME. THAT WAY YOU WOULDN'T HAVE TO DO A PUBLIC HEARING EVERY YEAR WHEN THE FEES CHANGE. ANY QUESTIONS? NO QUESTION, MR. CARTER. IT IS WHAT IT IS. SO THESE ARE MANDATORY FEES THAT ARE GONNA CHANGE EVERY YEAR FROM THE STATE? YEP. WE, WE DON'T, NO ONE HAS A SAY IN IT GONNA HAVE TO HAPPEN. SO STATE, STATE MANDATED FEES. NOW, WE COULD NOT CHANGE THE FEES, UM, BUT IT WOULD, WE'D END UP SUPPLEMENTING THAT FROM THE, THE TAXPAYERS IN YORK COUNTY WOULD PAY THE DIFFERENCE FOR ANYBODY THAT WANTED TO DO ANY SORT OF CONSTRUCTION WORK IN THE COUNTY WHEN IT CAME TO LAND DISTURBANCE. ALRIGHT. BUT WOULD WE WANNA DO THAT? I JUST NO, WE, SO WE WOULDN'T NEED TO. NO, HE'S JUST SAYING THAT'S AN OPTION. YEAH. I, IF WE DIDN'T VOTE THIS, I KNOW THAT, BUT I MEAN YEAH. TO EVEN BRING IT UP AND IT WOULD CAUSE A, CAUSE A PROBLEM. YEAH. SO I HAD ONE, UH, REQUEST. UH, HE, HE KEEP YOU, YOU REFERRED TO, UM, DEPARTMENT OF ENVIRONMENTAL QUALITY AS THE DEPARTMENT, AND IT KIND OF BLENDS IN THROUGH THE RESOLUTION IN MULTIPLE PLACES. MM-HMM . FIRST TIME I READ THROUGH IT, I COULDN'T DECIDE WHETHER IT WAS PUBLIC WORKS DEPARTMENT OR DEPARTMENT OF YEAH, IT'S THE, LET'S PUT AALS AROUND THE DEPARTMENT THROUGHOUT THE, UH, THROUGHOUT THE RESOLUTION. SO IT'S CLEAR THAT WE'RE REFERRING BACK TO THE SHORT FORM OF, UH, VEDQ. OKAY. ANY MORE? NO. COMMENTS, QUESTIONS? COMMENTS? I TAKE A MOTION, PLEASE. UH, SORRY, I HAVE A PUBLIC HEARING. NO, I GOTTA DO A PUBLIC HEARING. YEP. MAKE A MOTION. WE HAVE A PUBLIC HEARING. , I'LL OPEN THE PUBLIC HEARING. UH, IS THERE ANY CITIZEN WHO WISHES TO TALK TO THIS ITEM? SEEING NONE, I'LL CLOSE THE PUBLIC HEARING. ANY BOARD DISCUSSION? [00:40:01] NO. IF NOT, THEN I'D MOVE. 26 13. ORDINANCE 26 DASH 13. FULL CALL, PLEASE. THE MOTION MADE BY MRS. NOLL IS TO ADOPT THE PROPOSED ORDINANCE. 26 DASH 13 R AMENDED AS MR. ROY SUGGESTED. MRS. NOLL? YES. MR. DRURY? YES. MR. ROH? YES. MR. SHEPHERD? YES. MR. HOLE? YES. MOTION CARRIED. [3. Application No. ZT-220-26, York County Board of Supervisors: Consider adoption of proposed Ordinance No. 26-14 containing amendments to various sections of the York County Zoning Ordinance. A definition for inpatient substance abuse recovery treatment centers is proposed to be added to Section 24.1-104. The use is proposed to be added to the Table of Land Uses as a Special Use Permit in Section 24.1-306, in addition to performance standards (Section 24.1-433); and parking standards (Section 24.1-606). Approved] I WILL NOW CALL ON, UH, SAME IDEA ON, UH, JENNY CARNER TO, UH, DISCUSS, UH, YOUR COUNTY BOARD OF SUPERVISORS ADOPTION OF ORDINANCE 26 14 WITH AMENDMENTS TO THE COUNTY ZONING ORDINANCE. YES. THANK YOU. AND GOOD EVENING. GOOD EVENING. THIS APPLICATION CONTAINS AMENDMENTS TO VARIOUS SECTIONS OF THE YORK COUNTY ZONING ORDINANCE TO INCORPORATE STANDARDS FOR INPATIENT SUBSTANCE ABUSE RECOVERY TREATMENT CENTERS. A DEFINITION FOR INPATIENT SUBSTANCE ABUSE RECOVERY TREATMENT CENTERS IS PROPOSED TO BE ADDED TO SECTION 24.1 DASH 1 0 4. THE USE IS PROPOSED TO BE ADDED TO THE TABLE OF LAND USES IN SECTION 24.1 DASH 3 0 6 IN ADDITION TO PERFORMANCE STANDARDS IN SECTION 24.1 DASH 4 33, AND PARKING STANDARDS IN SECTION 24.1606. SO THE FOLLOWING DEFINITION HAS BEEN, BEEN PROPOSED. A STATE LICENSED FACILITY PROVIDING 24 HOUR RESIDENTIAL CARE, MEDICAL DETOXIFICATION, COUNSELING, OR CLINICAL, UH, TREATMENT FOR PATIENTS RECOVERING FROM SUBSTANCE USE DISORDERS, INCLUDING ALCOHOL AND DRUGS WITH OVERNIGHT STAYS. THESE FACILITIES CURRENTLY FALL UNDER MEDICAL CARE FACILITY, INCLUDING GENERAL CARE, HOSPITAL AND TRAUMA CENTER. ON THE TABLE OF LAND. USES MEDICAL CARE FACILITIES ARE ALLOWED BY SPECIAL USE PERMIT OR SUP AND THE LIMITED BUSINESS, UH, ZONING DISTRICT. AND BY RIGHT IN GENERAL BUSINESS AND ECONOMIC OPPORTUNITY. ZONING DISTRICTS. THE PROPOSED DEFINITION FOR INPATIENT SUBSTANCE ABUSE RECOVERY TREATMENT WOULD DIFFERENTIATE THEM FROM OTHER MEDICAL CARE FACILITIES. INPATIENT SUBSTANCE ABUSE RECOVERY TREATMENT CENTERS ARE PROPOSED TO BE PERMITTED BY SUP IN THE LIMITED BUSINESS, GENERAL BUSINESS AND ECONOMIC OPPORTUNITY ZONING DISTRICTS, UM, PERMITTING INPATIENT SUBSTANCE ABUSE RECOVERY TREATMENT CENTERS BY SUP IN THESE SAME DISTRICTS WILL GIVE THE BOARD OF SUPERVISORS, UH, THE YORK COUNTY PLANNING COMMISSION, UH, ABILITY TO DECIDE WHERE THESE FACILITIES ARE APPROPRIATE ON A CASE BY CASE BASIS AND PROVIDE ANY NECESSARY CONDITIONS TO SITUATE THE USE AT A PARTICULAR LOCATION. SO TWO PERFORMANCE STANDARDS HAVE BEEN PROPOSED FOR INPATIENT SUBSTANCE ABUSE RECOVERY TREATMENT CENTERS. NUMBER ONE, A STANDARD THAT WOULD REQUIRE INPATIENT SUBSTANCE ABUSE RECOVERY TREATMENT CENTERS TO BE LICENSED BY THE VIRGINIA DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES HAS BEEN PROPOSED. MANY VIRGINIA STATE AGENCIES REQUIRE PROOF OF ZONING APPROVAL PRIOR TO THE ISSUANCE OF A LICENSE. FOR THIS REASON, PROOF OF LICENSURE IS NOT REQUIRED PRIOR TO THE ISSUANCE OF AN SUP. HOWEVER, INPATIENT SUBSTANCE ABUSE RECOVERY TREATMENT CENTER PROPRIETORS WILL BE COMPELLED TO PROVE LICENSURE UPON THE ANNUAL INSPECTIONS REQUIRED FOR ALL S AND NUMBER 2, 24 HOUR PER DAY, SEVEN DAY PER WEEK CARE MUST BE PROVIDED ON SITE. THIS DIFFERENTIATES INPATIENT SUBSTANCE ABUSE RECOVERY TREATMENT CENTERS FROM SOBER LIVING RESIDENCES OR GROUP HOMES THAT DON'T OFFER 24 7 TREATMENT ON SITE. THESE STANDARDS WOULD APPLY IN ADDITION TO THE EXISTING STANDARDS FOR ALL INSTITUTIONAL USES, UH, SET FORTH IN SECTION 24.1 DASH 4 31. THESE EXISTING STANDARDS REQUIRE PARKING AREAS TO BE LOCATED AT LEAST 25 FEET FROM ANY RESIDENTIAL PROPERTY AND SCREEN FROM VIEW OF RESIDENTIAL PROPERTIES WITH LANDSCAPING OR FENCING MATERIAL. THEY ALSO REQUIRE A TRAFFIC IMPACT ANALYSIS TO BE SUBMITTED UNLESS THE ZONING ADMINISTRATOR WAIVES THIS REQUIREMENT. THE TRAFFIC IMPACT ANALYSIS MUST SHOW THAT THE USE WILL NOT CREATE AD, UH, EXCESSIVE OR ADVERSE IMPACTS ON RESIDENTIAL STREETS NOR DEMONSTRABLE SAFETY HAZARDS. AT SITE ENTRANCES WHERE SUCH EXCESSIVE OR ADVERSE EFFECTS ARE, UH, IDENTIFIED. THE ANALYSIS MUST PROVIDE IMPROVEMENTS THAT WOULD ELIMINATE THESE ISSUES. THE EXISTING STANDARDS ALSO ENSURE THAT SITE LIGHTING DOES NOT CAST UNREASONABLE LIGHT ONTO ADJACENT PROPERTIES. AND NOISE FROM HVAC AND OTHER UTILITIES IS KEPT TO A MINIMUM. THE USE IS PROPOSED TO HAVE ONE PARKING SPACE. MM-HMM . PER EVERY TWO PATIENT BEDS, PLUS ONE SPACE FOR EVERY 350 FEET OF ADMINISTRATIVE OFFICE SPACE, AS WELL AS ONE LOADING SPACE FOR EVERY DOCK, UH, LOADING DOCK OR BAY. UM, AS THE PROPOSED, UH, PARKING REQUIREMENT, THIS IS ALMOST IDENTICAL TO THE PARKING REQUIREMENT FOR HOSPITALS WITH THE ONLY DIFFERENCE BEING THAT HOSPITALS REQUIRE ONE ADDITIONAL LOADING SPACE. INPATIENT SUBSTANCE ABUSE RECOVERY TREATMENT CENTERS ARE LIKELY TO HAVE MEDICAL ADMINISTRATIVE JANITORIAL AND FOOD SERVICE STAFF. WHILE MANY RESIDENTS MAY NOT BRING VEHICLES WITH THEM DURING THEIR STAY. THE PROPOSED PARKING REQUIREMENTS TAKE STAFF AS WELL AS RESIDENT PARKING INTO [00:45:01] ACCOUNT AND ONLY REQUIRE LOADING SPACES FOR A, UM, FOR A LOADING DOCK, UH, OR BAY IS PROPOSED. THE PROPOSED AMENDMENT TO SECTION 24.1 DASH 1 0 4 WOULD ADD A DEFINITION FOR INPATIENT SUBSTANCE ABUSE RECOVERY TREATMENT CENTERS AND DISTINGUISH THEM FROM OTHER MEDICAL CARE FACILITIES. THE AMENDMENTS PROPOSED, UH, TO MAKE INPATIENT SUBSTANCE ABUSE RECOVERY TREATMENT CENTERS PERMITTED BY SPECIAL USE PERMIT IN THE LB GB AND EO ZONING DISTRICTS. ALTHOUGH ONLY TWO PERFORMANCE STANDARDS ARE PROPOSED SPECIFICALLY FOR INPATIENT ABUSE, UH, SUBSTANCE ABUSE RECOVERY TREATMENT CENTERS, THE STANDARDS FOR ALL INSTITUTIONAL USES ADDRESS RELEVANT CONCERNS. THEREFORE, STAFF RECOMMENDS APPROVAL OF THIS APPLICATION THROUGH THE ADOPTION OF PROPOSED ORDINANCE NUMBER OH 26 DASH 14. THE PLANNING COMMISSION CONSIDERED THIS APPLICATION DURING THEIR MAY 13TH MEETING AND VOTED SIX TO ZERO WITH MR. WASMER ABSENT TO RECOMMEND APPROVAL AS WELL. MM-HMM . THANK YOU. SO I'M HAPPY TO ANSWER ANY QUESTIONS, UH, THAT YOU MAY HAVE QUESTIONS, UH, FROM THE BOARD. YEAH. I JUST, I I'M JUST CURIOUS, WHY DID WE BREAK, WHY ARE WE BREAKING THIS AWAY FROM OTHER MEDICAL FACILITIES? WHAT WAS THE, WHAT WAS THE REASONING BEHIND THAT? WE THOUGHT THAT THIS TYPE OF USE COULD HAVE A, A DIFFERENT IMPACT THAN A MEDICAL CARE, UM, THAN LIKE A REGULAR HOSPITAL OR TRAUMA CENTER. AND WE THOUGHT THEY WOULD NEED, UM, SPECIAL, UM, RESTRICTIONS FOR THAT. THIS WOULD ALSO, UM, REQUIRE AN SEP, WHICH IS NOT REQUIRED, UH, FOR THE OTHER USE FOR MEDICALS. MM-HMM . YEAH. I WOULD THINK IT WOULD BE LESS TRAFFIC RIGHT. TO THESE FACILITIES PROBABLY WE THINK SO THAN LIKE A HOSPITAL OR YES. A PATIENT FIRST OR SOMETHING LIKE THAT. YES. YEAH. YEAH. ABSOLUTELY. OKAY. THANK YOU. COULD YOU GO BACK TO THE FIRST TABLE FOR LAND USE PLEASE? ARE YOU LOOKING FOR THIS ONE? THE ONE BEFORE IT. OKAY. ALRIGHT. SO COULD AN INPATIENT SUBSTANCE ABUSE RECOVERY TREATMENT CENTER BE ESTABLISHED WITHIN ONE OF THOSE OTHER MEDICAL CARE FACILITIES? I'M SORRY, WHAT COULD, COULD THIS, WHAT WE, WHAT WE'RE CALLING DEFINE AS MM-HMM. AS AN INPATIENT SUBSTANCE ABUSE RECOVERY TREATMENT CENTER BE ESTABLISHED WITHIN ONE OF THOSE OTHER MEDICAL CARE FACILITIES. OKAY. I SEE. LIKE A WING, YOU MEAN LIKE A, A WING SPECIFIC? YEAH. YEP. UM, ACTUALLY IT'S A QUESTION FOR OUR DIRECTOR. . YEAH. OKAY. JEANNIE SAID THAT ALREADY. YEAH. SO RIGHT NOW WE ALLOW THEM, UM, WE CURRENTLY HAD ONE THAT, UH, TOOK OVER A HOTEL ON BYPASS ROAD AND WE CONSIDERED IT A MEDICAL CARE FACILITY AT THE TIME. OKAY. UM, BUT WHEN WE DID THAT, WE FELT LIKE, YOU KNOW, THIS IS PROBABLY SOMETHING YOU ALL REALLY WOULD LIKE TO SEE COME FORWARD AND HAVE SOME DECISION ON. THAT'S WHY WE MM-HMM . PROPOSED THE SPECIAL USE. BUT I WAS TALKING NOT SO MUCH A CONVERSION TOO, BUT A PART OF AN EXISTING MEDICAL FACILITY. OH, YOU MEAN, IS IT, COULD IT, OH, YOU MEAN LIKE, COULD A HOSPITAL HAVE A SECTION LIKE THIS? RIGHT? UM, I WOULD, I WOULD THINK SO, YES. 'CAUSE THE MAIN USE WOULD BE THE, THE HOSPITAL. OKAY. SO GIVEN THAT SINCE THOSE MEDICAL CARE FACILITIES ARE PERMITTED BY RIGHT. AND GENERAL BUSINESS AND ECONOMIC EO ZONE AREAS, BUT THE INPATIENT RECOVERY CENTER IS A SPECIAL USE PERMIT, DOES THAT MEAN THAT THEY WANT TO ESTABLISH THAT IN THERE THEY WOULD NEED TO GO THROUGH SUP PROCESS OR, 'CAUSE THEY'RE ALREADY EXISTING, THEY CAN JUST STAND IT UP. RIGHT. IT WOULD BE SIMILAR TO LIKE ACCESSORY USE. THAT'S HOW WE WOULD CONSIDER IT. SO LIKE WHEN A GAS STATION HAS, YOU KNOW, PROPANE TANKS OR THEY USED TO HAVE THE VIDEO STORE OUT FRONT, THAT KIND OF THING. IT'S JUST AN ACCESSORY TO THE MAIN USE. SO THE MAIN USE IS STILL THE HOSPITAL, YOU KNOW, AND AS LONG AS IT'S NOT GOING OVER, YOU KNOW, A CERTAIN PERCENTAGE OF THE PRINCIPAL USE, WHICH WAS THE HOSPITAL ITSELF, IT WOULD STILL BE CONSIDERED JUST A ME MEDICAL CARE FACILITY. SO THE REASON BEHIND SPECIAL USE PERMIT FOR THOSE TWO AREAS FOR TREATMENT CENTERS IS SO THAT WE CAN CONSIDER IN, UH, TRAFFIC IMPACT, PARKING IMPACT, RESIDENTIAL IMPACT, AND GIVE YOU ALL THE OPPORTUNITY TO KIND OF REVIEW IS THIS A GOOD USE THERE? AND ALSO GIVES THE PUBLIC THE OPPORTUNITY TO COME AND TALK. WELL, I'M GUESSING, I THINK THAT WE, WE'D STILL WANT TO HAVE THAT CONVERSATION EVEN IF IT'S PART OF AN EXISTING MEDICAL FACILITY. BUT I'LL SEE WHAT THE REST OF THE BOARD THINKS ABOUT THAT, THAT THAT WOULD BE BY RIGHT. IT'S GOTTA BE SOMETHING MORE THAN WHAT YOU JUST SAID BECAUSE I, I'M SITTING HERE THINKING WHY THIS ONE SPECIFIC USE IS REQUIRES THIS NOW. OKAY, LET ME JUST TAKE THAT THOUGH AND JUMP IN. SOMETHING ELSE THAT TIED TO THIS. THERE WAS A REPORT THAT CAME OUT PROBABLY THREE YEARS AGO ABOUT HOW THESE, THESE, UH, BUSINESSES THAT RUN THESE, UH, SUBSTANCE ABUSE RECOVERY CENTERS ARE NOT QUITE WHAT THEY SEE. THEY ARE SEEM TO BE OKAY. THERE WERE NOT NO WORDS. THEY, IT WAS, THEY, THERE WAS A LOT OF LICENSING AND, YOU KNOW, ALL THIS OTHER, UH, FACADE IF YOU WILL, THAT WAS GOING ON. [00:50:01] BUT THE CHECK IN ON THE QUALITY OF THE CARE WAS NOT THERE. RIGHT NOW. I COULD SEE THAT DRIVING US TO CONSIDER THIS. IF WE GET A, A BUSINESS COMES IN THAT DOESN'T HAVE A STERLING REPUTATION, THEN WE OUGHT TO BE ABLE TO REACT TO IT AND PROBABLY WOULD. SO OTHER THAN THAT, I DON'T SEE WHY, YOU KNOW, WHY THIS AS A SPECIAL, UM, AS A SPECIAL TOPIC. WELL, JUST, JUST TO CLARIFY, SO THE THING YOU'RE TALKING ABOUT ARE THE HOMES MM-HMM . SO WHERE YOU HAVE A HOME AND YOU PUT, YOU KNOW, FOUR TO SIX INDIVIDUAL OR MAYBE UP TO EIGHT INDIVIDUALS IN THERE, RIGHT. FOR THIS KIND OF TREATMENT, RIGHT? YES. BUT THEY DON'T HAVE AS MUCH OF THE ONSITE SERVICE. THIS IS ACTUALLY LIKE A VERY LARGE FACILITY WHERE PEOPLE COME AND THEY, YOU KNOW, VOLUNTARILY COMMIT THEMSELVES. SO WHAT'S THE DIFFERENCE BETWEEN THE TWO? UM, OR THEY BOTH FALL IN THE SAME CATEGORY, RIGHT? THEY SOMEWHAT, YES. YES. SO THE SOBER HOMES ARE SMALLER AND THEY'RE RUN, YOU KNOW, THROUGHOUT, YOU KNOW, A COMMUNITY. THEY COULD BE IN DIFFERENT PLACES. AND I KNOW THERE WAS A LOT OF NEWS STORIES AND STUFF IN A FEW YEARS AGO ABOUT, YOU KNOW, HOW THEY WERE LICENSED AND THE MONEY THAT THEY WERE GETTING AND THINGS OF THAT NATURE. BUT THIS IS, THIS IS A LITTLE DIFFERENT BECAUSE THIS IS ON A LARGER SCALE. I DON'T, IN THE HOME, I DON'T, I'M SORRY. I'M NOT SEEING THE DIFFERENCE HERE. IF YOU'RE GONNA HAVE ONE, YOU HAVE THE OTHER. OKAY. I MEAN, SO, WELL THE STATE DOESN'T ALLOW US TO DO TOO MUCH CONTROL OF THE ONES THAT GO INTO HOMES. BUT WITH THIS USE WHERE IT'S A LARGER USE, WE SAW, WE HAD A LOT OF INQUIRIES ABOUT ESTABLISHING THESE KINDS OF USES IN A VARIETY OF DIFFERENT PLACES IN THE COUNTY. AND WE AS STAFF JUST HAD A LITTLE BIT OF A CONCERN. UM, AS I SAID, THE ONE THERE ON BYPASS ROAD WHERE THEY CONVERTED ONE OF THE HOTELS, YOU KNOW, I THINK THAT YOU ALL WOULD'VE PROBABLY ENJOYED LOOKING AT THAT BECAUSE, WELL, YOU KNOW, WE'VE GOT THIS MASSIVE SPORTS COMPLEX GOING IN. WOULD IT BE BETTER TO KEEP IT AS A HOTEL OR WOULD IT BE BETTER TO ALLOW THIS KIND OF USE? WELL, WE DIDN'T HAVE THAT CHOICE BECAUSE IT'S A BUY RIGHT USE AT THE TIME. UM, WE'VE HAD A COUPLE OTHER INQUIRIES ON ROUTE 17 FOR PROPERTIES, UH, WHERE THEY WANT TO CONVERT SOMETHING OR THEY WANNA BUILD SOMETHING. AND, UH, WE JUST THOUGHT THAT IT WOULD BE BETTER. YOU KNOW, STAFF'S CONCERN WAS WE JUST WANNA MAKE SURE THAT THE USES THAT ARE COMING IN ARE ONES THAT YOU KNOW, ARE, YOU FEEL ARE APPROPRIATE AS THE BOARD. AND SO ARE THESE, WE WANTED TO HAVE A LITTLE MORE CAUTION ON 'EM. THAT'S ALL. SO IS THIS BUSINESS A TAX EXEMPT BUSINESS? I DON'T BELIEVE SO, NO. OKAY. I JUST WANTED TO MAKE SURE WE'RE NOT USING UP OUR COMMERCIAL AR COMMERCIAL SPACE FOR TAX. SHOULDN'T, AT LEAST INITIALLY IT MAKES SENSE TO HAVE THIS TO BE UNDER A SPECIAL USE PERMIT TILL WE GET A FEEL FOR WHAT WE'RE LOOKING AT. AND ALSO TO GIVE THE PUBLIC AN OPPORTUNITY TO WEIGH IN RIGHT. ON THIS, MAYBE DOWN THE ROAD WE UNDERSTAND WHAT WE'RE SEEING AND DOESN'T NEED TO BE, BUT INITIALLY IT MAKES SENSE FOR IT TO BE. UM, BUT AGAIN, IF THEY'RE GOING TO GET ESTABLISHED IN AN EXISTING MEDICAL FACILITY, I WOULD THINK THAT THEY WOULD STILL NEED TO GO THROUGH A SPECIAL USE PERMIT AS IF THEY WERE A STANDALONE ENTITY. AND YOU, YOU MENTIONED THAT THESE ARE LARGE SCALE OPERATIONS, BUT SINCE THEY ARE, COULD GO INTO THE GENERAL BUSINESS, NOT NECESSARILY, THEY COULD CONCEIVABLY FIND A STOREFRONT IN THE SHOPPER CENTER AND SET UP A SMALLER FACILITY AND DO THE, DO THE SAME THING. IN WHICH CASE YOU'RE PROBABLY GOING TO HAVE PUBLIC COMMENTS ON, ON THAT AS WELL. SO AGAIN, SPECIAL USE PERMITS MAKES SENSE. I JUST, AGAIN, I'LL, I'LL, YOU KNOW, THE REST OF THE BOARD CAN TALK ABOUT THIS TOO WHEN WE HAVE OUR CONVERSATION, BUT IF YOU'RE GONNA DO IT FOR A STANDALONE, I THINK IT SHOULD BE A SPECIAL USE PERMIT ALSO FOR, IN AN EXISTING FACILITY FOR ALL THE SAME REASONS WE'RE DOING IT FOR A STANDALONE. SO THAT, THAT'S WHY I WAS ASKING. SO, OKAY. MRS. NOEL. WELL, I, I THINK, I THINK IT'S IMPORTANT GOING INTO THIS THAT WE HAVE OVERSIGHT ON IT AND IT WILL COME TO US AS A SPECIAL USE PERMIT AND WE CAN MAKE IT INDIVIDUAL DECISION, UH, ON WHETHER WE APPROVE IT OR WE DON'T, RATHER THAN HAVE GIVE THEM BY RIGHT. WE, WE, WE HAVE NO CONTROL. AND, AND I WOULD IMAGINE THE, THE CONVERSATION ABOUT CHANGING OR THE CONVERSATION ABOUT SPECIAL USE PERMIT IN AN EXISTING MEDICAL FACILITY IS PROBABLY A DIFFERENT CONVERSATION SINCE THAT'S A DIFFERENT PART OF THE ORDINANCE THAT WOULD NEED TO BE CHANGED. WE NEED TO TALK ABOUT LATER, BUT WE CAN MAYBE TONIGHT DECIDE WHICH DIRECTION WE WANNA GO IN. SO, OKAY. I GUESS I HAD A, A DIFFERENT VIEW ON THIS. UM, I DON'T KNOW WHY THIS ISN'T CONSIDERED A REGIONAL FACILITY, LIKE A REGIONAL JAIL. I DON'T SEE A REASON WHY IT NEEDS TO BE IN EVERY COMMUNITY AND IN EVERY NEIGHBORHOOD. UM, THESE ARE HOMES THAT, UH, PEOPLE ARE GOING TO, THEY'RE, THEY'RE, THEY'RE THERE FOR A EXTENDED PERIOD OF TIME. UM, I DON'T SEE A REASON WHY WE NEED TO USE UP ECONOMIC OPPORTUNITY OR BUSINESS, [00:55:01] UH, LAND FOR ONE OF THESE WHEN WE SHOULD BE LOOKING REGIONALLY AT IT. SHOULD WE EVEN HAVE THE ORDINANCE WOULD, OR YOUR CONCERN IS, WITHOUT THIS ORDINANCE, THEY CAN GO ANYWHERE. RIGHT. WE HAVE NO CONTROL. THAT'S, I THINK THIS IS A PROTECTION THAT WE NEED. I THINK THE REGIONAL CONVERSATION IS ANOTHER CONVERSATION WE PROBABLY NEED TO HAVE WITH OUR REGIONAL PARTNERS. I AGREE WITH THAT. RIGHT. I THINK THIS IS JUST TO PROTECT US RIGHT NOW. THEN WHY WOULD I ALLOW ANY OF THEM? WELL, THIS GIVES AN OPTION NOT TO, WELL, I DON'T KNOW. YOU DO. WE HAVE A KIM, WE HAVE ANY AUTHORITY BY THE STATE TO BE ABLE TO, UH, TO ELIMINATE A BUSINESS COMPLETELY FROM, UH, OUR MUNICIPALITY. I, I DIDN'T SAY THAT. I SAID DO IT REGIONALLY. WELL, I KNOW, BUT I KNOW WHAT YOU'RE SAYING. YOU WANT REGIONAL AS IT MAKES MORE SENSE, BUT IT MAKES FAR MORE SENSE TO ME. BUT WE DON'T HAVE IT REGIONALLY RIGHT NOW. ALRIGHT. TIME TO CHANGE. WE DON'T MIND HAVING IT REGIONALLY. YOU GOTTA HAVE, YOU DON'T, YOU HAVE TO CHANGE IT WITH ALL THE OTHER JURISDICTIONS IF YOU WANNA DO THAT TO MAKE IT REGIONAL. IF YOU STILL, IF IF YOU WANT TO HAVE IT REGIONALLY, GREAT, BUT IF THEY GOING HAVE IT REGIONALLY IN OUR COUNTY, WE BETTER HAVE SOME PARAMETERS, SOME PROTECTION BY WHICH TO PROTECT OUR COUNTY THE WAY WE WANT IT IN OUR COUNTY. JAMES C COUNTY OR NEWPORT NEWS, THEY WANNA DO SOMETHING ELSE. THAT'S FINE. I DON'T MIND THE REGIONALITY PART OF IT. UH, THE REGIONALISM I SHOULD SAY. BUT WE'RE GONNA HAVE, WE NEED TO HAVE SOME RESTRICTIONS, RIGHT? I THINK DOING IT REGIONALLY IN THE FUTURE ADD TO IT. BUT FIRST OF ALL, WE HAVE, AS TOM SAYS, WE NEED TO TAKE CARE OF IT IN YORK COUNTY. BUT THAT DOESN'T MEAN WE CAN'T DEAL WITH OUR OTHER FRIENDS AND MAYBE COME UP WITH A REGIONAL ISSUE. WELL, IT STILL DOESN'T, I MEAN, EVEN, EVEN IF YOU DO A REGIONAL EFFORT, IT DOESN'T ELIMINATE THE PARAMETERS ESTABLISHED BY THE MUNICIPALITY THAT'S IN THAT IT, IT RESIDES IN. RIGHT. THIS IS JUST PROTECTION FOR US AND THIS WHAT THIS IS DOING HERE. YEAH. ALRIGHT. IN THE MEANTIME, THIS IS PROTECTION FOR US. ANY OTHER QUESTIONS FOR, UH, PLANNING? ALRIGHT, WITH THAT, I'LL OPEN THE PUBLIC HEARING. I'LL CALL ANY CITIZENS WHO WISH TO SPEAK ON THIS ITEM TO COME FORWARD. SEEING NONE, I'LL CLOSE THE PUBLIC HEARING ANY FURTHER BOARD DISCUSSION. WELL, HOW, WELL, HOW DO WE FEEL ABOUT APPLYING THE SPECIAL USE PERMIT FOR? WHAT'D YOU SAY? FOR ESTABLISHING THE ABUSE RECOVERY TREATMENT CENTERS IN EXISTING MEDICAL FACILITY. DO YOU WANT TO APPLY EQUALLY THERE OR NO? I, I DON'T, I'M, I'M, IF YOU'RE GONNA, IF YOU'RE GONNA HAVE A HOSPITAL THAT'S GONNA BE THE PRIMARY USE. SO THE HOSPITAL'S GONNA, THAT IF THAT IS NOT THEIR PRIMARY USE, THAT'D BE A DIFFERENT THING ALTOGETHER IF IT'S A HOSPITAL. YEAH. BUT I MEAN, I THINK OF THE ONE 17, YOU KNOW, THAT ONE AT, UH, RIVERSIDE THERE, IF YOU THINK ABOUT THAT, THAT'S A, THAT'S A VERY SPECIAL KIND OF HOSPITAL, RIGHT? YEAH. SO IF WE HAD SOMETHING LIKE THIS, UH, THAT WOULD BE AN ANCILLARY USE TO THE HOSPITAL MM-HMM . BUT IF IT'S, THIS IS A PRIMARY USE, YOU KNOW, I, I DON'T CARE HOW BIG THE HOSPITAL IS. WHERE WOULD YOU SEE AN ISSUE, STEVEN, WITH, WITH IT BEING PART OF A LARGER CONGLOMERATE? WELL, WHEN YOU TALK ABOUT JUST A HOSPITAL, RIGHT? SMALL FOOTPRINT, RIGHT? BUT IT SAYS MEDICAL FACILITY. SO IT COULD BE ANYTHING THAT'S, WE BEEN CLASSIFIED AS A MEDICAL FACILITY MAY NOT BE THAT LARGE. THIS USE CASE COULD BE LARGER THAN WHAT IT WAS ORIGINALLY ESTABLISHED FOR. AND THAT BECOMES THE DOMINANT THING AND IT BECOMES THE PRIMARY USE OF THAT NEW MEDICAL FACILITY. BUT WE JUST LET THAT IN BY RIGHT, BECAUSE IT WAS PERMITTED ALREADY. THAT'S MM-HMM . AGAIN, THESE WE'RE TALKING ABOUT GUARDRAILS. RIGHT. JUST TO MAKE SURE THAT WE HAVE, UM, YOU MOVE IT, YOU KNOW, SOME MEASURE TO PRO PROTECT THE COUNTY AND GIVE CITIZENS A CHANCE TO TALK ABOUT IT, GONNA MOVE IT AGAIN, THAT'S NOT SOMETHING WE'RE GONNA SETTLE HERE AT NIGHT, BUT THAT'S SOMETHING WE CAN TALK ABOUT. BUT AS FAR AS THE ORDINANCE HERE, I'M OKAY WITH ENTERTAINING CONVERSATIONS ABOUT THESE. WE HAVE THE ABILITY TO HAVE A GO THROUGH THE PLANNING COMMISSION FOR CONSIDERATION, THE BOARD THROUGH CONSIDERATION. IT'S SPECIAL USE PERMIT IS NOT A DONE DEAL. AND WE HAVE AN OPPORTUNITY FOR CITIZENS TO SHARE WITH THEY WHAT THEY THINK ABOUT AS WELL. SO YEAH, I THINK THE APPROPRIATE GUARDRAILS ARE IN PLACE. WE, WE'VE ESTABLISHED A SEPARATE DEFINITION FOR IT. SO IT'S VERY WELL DEFINED. UM, SO I'M, I'M OKAY WITH WHAT WE HAVE HERE FOR THAT, THAT, OKAY. WE HAD TO, I'LL MOVE OR IF I MAY HAVE WE HAD TO POST MOVE ORDINANCE 26. YES, WE DID. OKAY. NO ONE. OH, THAT'S RIGHT. THE GHOST SHOWED UP, RIGHT? MAY SIR, I CONTINUE. YOU MAY, YOU MAY MOVE. THANK YOU. I MOVE. ORDINANCE 26 DASH 14. ROLL CALL PLEASE. MR. DREWRY? YES. OH, I'M SORRY. THE MOTION MADE BY SHEILA NOLL IS TO ADOPT ORDINANCE 26 DASH 14 AS SUBMITTED. MR. DRURY? YES. MR. ROH. YES. MR. SHEPHERD. YES. MRS. NOLL? YES. AND MR. ROY? [01:00:04] UH, YES. MOTION CARRIED. NEXT ITEM ON [4. Amendment to Towing Advisory Board Ordinance. Consider adoption of proposed Ordinance No. 26-15 to amend Chapter 15, Article V. Towing, in order to create an additional position on the York County Towing Advisory Board to be filled by a member of the general public, in conformance with new requirements of the Code of Virginia. Approved] THE AGENDA IS AMENDMENT TO THE TOWING ADVISORY BOARD ORDINANCE. AND I CALL IN, UH, CAPTAIN, UH, HOUSTON TO PRESENT THIS ITEM. GOOD EVENING. MEMBERS OF THE BOARD. UM, I'M HERE TONIGHT. UH, IN REFERENCE TO THE ORDINANCE FOR THE TOWING ADVISORY BOARD, UH, THAT YOU SEE BEFORE YOU, THIS IS IN CONJUNCTION DUE TO A CHANGE WITH THE STATE LAW. UH, THAT NOW REQUIRES THE BOARD TO EXPAND FROM FIVE MEMBERS TO SIX. UH, THIS WILL GIVE EQUAL REPRESENTATION FOR TWO MEMBERS OF LAW ENFORCEMENT, TWO MEMBERS OF THE TOWING COMMUNITY, AND TWO MEMBERS, UH, BEING CITIZENS. SO I'M HERE BEFORE YOU TO ASK FOR THIS AMENDMENT TO THE COUNTY CODE. UH, THAT WOULD AUTHORIZE ADDING A SIXTH, UH, MEMBER TO THE TOWING ADVISORY BOARD IN CONJUNCTION WITH THE STATE LAW FOR JULY. FIRST QUESTION. YES, SIR. YOU GUYS VOTE ON THINGS? YES, SIR. WHAT HAPPENS WHEN YOU GET A THREE? THREE? SO I ASKED, UH, MRS. CONSTANTINO THAT, AND SHE SAID, IN THE EVENT THAT IT BECOMES A TIE, THEN IT WOULD BE A NON VOTE, AND WE WOULD HAVE TO, UH, REWORK THE ITEM THAT WE'RE VOTING ON AT THAT POINT. UNTIL YOU GET A MAJORITY. YES, SIR. OKAY. WE DON'T HAVE A WHOLE LOT TO DO WITH THIS. AGAIN, THE STATE REGULATES THIS, AND THE STATE MANDATES THIS UNDER THE LAW. I WAS JUST CURIOUS. I WAS TOO, SIR. I, I I FIGURED THAT. I WAS VERY CURIOUS HOW THAT WAS GONNA WORK MUCH LIKE YOURSELVES. THERE'S FIVE OF YOU. YEAH. UH, SO I WAS KIND OF CURIOUS MYSELF. YEAH. THANK YOU. WHAT, WHAT IS THE, THE NEW VACANT SPOT WILL BE FILLED BY A CITIZEN AT LARGE? YES, SIR. OKAY. CITIZEN OF YORK COUNTY? YES, SIR. OKAY. YES. I HAD A, UH, QUESTION OR A REQUEST THAT THE ORDINANCE BE CHANGED, AND I'M NOT SURE IF THAT HAS ACTUALLY TAKEN PLACE. I DON'T HAVE A FINAL VERSION. SO IT HAS YES, SIR. AFTER WE HAVE SECTION F, UH, YES, SIR. AFTER YOUR RECOMMENDATION AT THE AGENDA MEETING THAT WE HAD, WE INCORPORATED THAT PRIOR TO THE AGENDA BEING, UH, RELEASED TO THE PUBLIC. THANK YOU. AND MY REQUEST HAD BEEN THAT CITIZEN REPRESENTATIVES WILL BE SOURCED FROM OUTSIDE THE TOWING AND RECOVERY INDUSTRY. YES, SIR. JUST LIKE THE OTHER BOARDS, THEY'LL BE, UM, APPLICATIONS TO BE ON THE BOARD, AND THEN THE BOARD OF SUPERVISORS WILL SELECT WHO WILL BE ON THERE. BUT, BUT YOU COULD SEE WHERE A TOWLER COULD ALSO APPLY AS A CITIZEN. YEAH. YES, SIR. AND I WANT TO AVOID THAT. YES, SIR. ANY OTHER QUESTIONS? OKAY. YES, SIR. I'LL OPEN THE PUBLIC HEARING AGAIN. I'LL CALL ON ANY CITIZENS WHO WISH TO SPEAK ON THIS ITEM. SEEING NONE, WE WILL CLOSE THE PUBLIC HEARING. ANY FURTHER BOARD DISCUSSION? MM-HMM. CALL FOR A MOTION. I'LL MOVE ON. TWENTY SIX FIFTEEN. ROLL CALL PLEASE. THE MOTION MADE BY MR. ROHN IS TO ADOPT ORDINANCE 26 DASH 15 AS SUBMITTED. MR. ROH? YES. MR. SHEPHERD? YES. MRS. NOLL? YES. MR. DRURY? YES. MR. ROY? YES. MOTION CARRIED. [5. Application No. UP-1071-26, Bendall Auto Service: Consider adoption of proposed Resolution R26-108 to approve a request for a Special Use Permit, pursuant to Section 24.1-306 (Category 12, No. 3) of the York County Zoning Ordinance, to authorize the establishment of an automotive repair garage on a 1.19-acre parcel of land (GPIN S03b-4372-3902) located at 106 Industry Drive (Route 1580). The property is zoned GB (General Business) and designated General Business in the Comprehensive Plan. Approved] NEXT APPLICATION IS UP P 10 71 DASH 26 BENDO AUTO SERVICE. AND ONCE AGAIN, MS. CARNER, COULD YOU TAKE US THROUGH IT? YEAH. THANK YOU. SO, THIS APPLICATION IS A REQUEST FOR A SPECIAL USE PERMIT TO AUTHORIZE THE ESTABLISHMENT OF AN AUTOMOTIVE REPAIR GARAGE AT 1 0 6 INDUSTRY DRIVE. THE APPROXIMATELY ONE AND TWO TENTHS OF AN ACRE PROPERTY IS LOCATED ON INDUSTRY DRIVE, WHICH IS OFF HAMPTON HIGHWAY NEAR ITS INTERSECTION WITH VICTORY BOULEVARD. THE SUBJECT PARCEL AND THE SURROUNDING PARCELS ARE ZONED GB FOR GENERAL BUSINESS. THE SUBJECT SITE IS LOCATED IN A CLUSTER OF PARCELS FOR COMMERCIAL AND LIGHT INDUSTRIAL USERS. SECTION 24.1 DASH 4 77 DEFINES AUTO REPAIR GARAGES AS PROVIDING ROUTINE SERVICES SUCH AS TUNEUPS, OIL CHANGES AND INSTALLATION OR REPAIR OF TIRES, BRAKES, BATTERIES, AND SIMILAR AUTOMOTIVE COMPONENTS WHILE EXCLUDING BODY WORK AND PAINTING. THE APPLICANT'S PROPOSAL COMPLIES WITH THIS STANDARD BY LIMITING OPERATIONS TO ROUTINE MAINTENANCE AND MINOR REPAIRS, INCLUDING OIL CHANGES, BRAKE AND TIRE SERVICE, AND SIMILAR LOW IMPACT AUTOMOTIVE WORK. THE OPERATION WILL NOT INCLUDE MAJOR ENGINE REBUILDS, BODY WORK, PAINTING, OR OTHER HEAVY AUTOMOTIVE REPAIR ACTIVITIES. THE ZONING ORDINANCE REQUIRES ALL WORK TO BE CONDUCTED INDOORS AND USED OR DAMAGED PARTS TO BE STORED INDOORS [01:05:01] OR IN, UH, APPROVED COVERED, UH, RECEPTACLES FOR APPROPRIATE OFFSITE DISPOSAL. THE APPLICANT STATED THAT ALL SERVICE, UH, ACTIVITIES WILL OCCUR WITHIN AN ENCLOSED BUILDING, AND THAT AUTOMOTIVE PARTS WILL BE STORED IN A, UH, CLOSED CONTAINER AND DISPOSED OF IN ACCORDANCE WITH STATE AND LOCAL LAWS. SO THE STANDARDS ALLOW TEMPORARY VEHICLE STORAGE FOR REPAIR, BUT PROHIBIT LONG-TERM STORAGE 90 DAYS OR MORE. THE APPLICANT STATED IN HIS NARRATIVE THAT NO LONG-TERM STORAGE OF VEHICLES WILL BE PERMITTED ON THE PROPERTY. VEHICLES WILL BE PRESENT ON SITE ONLY FOR THE DURATION NECESSARY TO COMPLETE SERVICE, AND WILL BE RETURNED TO CUSTOMERS PROMPTLY UPON COMPLETION. THE CODE REQUIRES VEHICULAR STORAGE AREAS AND SERVICE BAYS TO BE SCREENED FROM VIEW OF ADJACENT PROPERTIES AND RIGHTS OF WAY USING LANDSCAPING SUPPLEMENTED BY FENCING IF NECESSARY. THE SERVICE BAY DOORS AND VEHICULAR STORAGE AREAS ARE BOTH LOCATED ON THE SOUTHERN SIDE OF THE PROPERTY. THIS AREA IS SCREENED FROM VIEW OF ADJACENT PROPERTIES AND RIGHTS OF WAY WITH EXISTING THICK VEGETATION AND LANDSCAPING. THE PARKING STANDARDS FOR AUTO REPAIR GARAGES REQUIRE SUCH FACILITIES TO HAVE ONE SPACE PER 500 SQUARE FEET OF ENCLOSED OFFICE SALES OR FLOOR AREA, PLUS TWO SPACES PER SERVICE BAY. ACCORDING TO THE FLOOR PLAN SUBMITTED BY THE APPLICANT, THE SUBJECT BUILDING HAS 9,000 SQUARE FEET OF SERVICE FLOOR AREA, WHICH MEANS 18 PARKING SPACES ARE REQUIRED. THE BUILDING HAS THREE SERVICE BAYS, WHICH MEANS AN ADDITIONAL SIX PARKING SPACES ARE REQUIRED FOR A TOTAL OF 24 PARKING SPACES. THE PARKING LOT HAS 26, UH, PARKING SPACES. THEREFORE, THE PROPOSAL MEETS THIS REQUIREMENT. ACCORDING TO VDO T'S 2024 AVERAGE DAILY TRAFFIC COUNT ESTIMATES INDUSTRY DRIVE CARRIES APPROXIMATELY 430 VEHICLES PER DAY. WHILE THE PROPOSED AUTO REPAIR GARAGE COULD PRODUCE MORE TRAFFIC THAN THE CUSTOM CABINET SHOP CURRENTLY OPERATING AT 1 0 6 INDUSTRY DRIVE, THE INCREASE IS UNLIKELY TO BE SUBSTANTIAL ENOUGH TO ADVERSELY IMPACT TRAFFIC ON INDUSTRY DRIVE, CONSIDERING THE ROADWAY'S EXISTING DAILY TRAFFIC VOLUME. FURTHERMORE, VDOT REVIEWED THIS APPLICATION AND INDICATED THAT THEY HAVE NO CONCERNS REGARDING THE PROPOSED USE. MM-HMM . THE ORDINANCE REQUIRES A HAZARDOUS MATERIALS MANAGEMENT AND STORMWATER RUNOFF CONTROL PLAN FOR ALL MOTOR VEHICLE RELATED USES TO BE SUBMITTED AND APPROVED PRIOR TO RECEIVING SITE PLAN APPROVAL, A SITE PLAN WILL NOT BE REQUIRED. SO A CONDITION OF APPROVAL HAS BEEN PROPOSED THAT WOULD REQUIRE APPROVAL OF THIS PLAN BY THE DEPARTMENT OF FIRE AND LIFE SAFETY PRIOR TO THE ISSUANCE OF A BUSINESS LICENSE. ADDITIONALLY, THE DEPARTMENT OF FIRE AND LIFE SAFETY REQUESTED THAT THE PREVENTION AND COMMUNITY, UH, DIVISION INSPECT THE SITE PRIOR TO THE PERMIT BEING ISSUED AND THAT A KNOCK BOX BE INSTALLED ON THE BUILDING TO ALLOW RESPONDERS ACCESS TO THE BUILDING IN THE EVENT OF AN EMERGENCY. THESE HAVE BEEN ADDED AS CONDITIONS OF APPROVAL. IF THIS APPLICATION IS APPROVED, THE APPLICANT PLANS TO MOVE HIS AUTO REPAIR GARAGE TO AN EXISTING WAREHOUSE AT 1 0 6. INDUSTRY DRIVE. THE APPLICANT IS NOT PROPOSING TO MAKE ANY PHYSICAL CHANGES TO THE PROPERTY. THE SITE HAS ADEQUATE PARKING, WHICH WOULD BE SCREENED FROM VIEW OF ADJACENT PROPERTIES WITH EXISTING THICK VEGETATION AND MEETS THE REQUIREMENTS OF THE ZONING ORDINANCE. THEREFORE, STAFF RECOMMEND APPROVAL OF THIS APPLICATION SUBJECT TO THE CONDITION SET FORTH IN PROPOSED RESOLUTION NUMBER R 26 DASH 1 0 8, AND THE PLANNING COMMISSION CONSIDERED THIS APPLICATION DURING ITS JUNE 10TH MEETING AND VOTED FIVE TO ZERO TO RECOMMEND APPROVAL AS WELL. THANK YOU. HAPPY TO ANSWER ANY QUESTIONS. AND THE APPLICANT IS HERE TO ANSWER YOUR QUESTIONS AS WELL. THANK YOU. BOARD, HAVE QUESTIONS FOR, UH, MS. CARTER? YEAH, NO. UM, SO YEAH, SO WHAT? I'M NOT, I DIDN'T FOLLOW WHAT'S HAPPENING AT THE BUILDING. IS THERE AN EX EXPANSION GOING ON AT THE BUILDING OR WHAT, WHAT'S REQUIRING AN SUP? ANY AUTOMOTIVE RELATED USE IN GENERAL BUSINESS REQUIRES AN SUP. HE'S NOT MAKING ANY CHANGES TO THE PROPERTY. BUT DOESN'T HE DO THIS ALREADY? HE'S MOVING, HE DOES THIS AT A LOCATION ON PRODUCTION DRIVE. OH, THIS IS A DIFFERENT LOCATION? YES. OKAY. THAT'S OKAY. SORRY, I DIDN'T, I WASN'T CONNECTING THE DOTS, SO THANK YOU. YOU'RE WELCOME. SO IS THIS DISPLACING THE CABINET SHOP OR THEY GONNA EXIST TOGETHER? NO, THIS IS DISPLACING THE CABINET SHOP. THE, THE PERSON THAT OWNS THE CABINET SHOP IS SELLING THIS BUILDING TO THE APPLICANT. OKAY. SO, SO THE CABINET SHOP'S SHUTTING DOWN AUTOMOTIVE BUSINESS COMING IN? YES, SIR. OKAY. ALRIGHT. THANK YOU. YOU'RE WELCOME, MRS. NOEL. I HAVE NO PROBLEM WITH IT. MR. SHEPHERD. NO QUESTIONS. I HAVE NO QUESTIONS. THANK YOU. AT THIS POINT, I'LL OPEN THE PUBLIC HEARING. UM, I'LL CALL ON CITIZENS WHO, UH, WISH TO SPEAK. UH, I'LL START WITH THE APPLICANT AND YOU'RE NOT REQUIRED TO SPEAK, BUT I'LL, UH, GIVE YOU, UH, 10 MINUTES IF NECESSARY TO, UM, I WON'T TAKE LONG. UH, GOOD EVENING CHAIRMAN, MEMBERS OF THE BOARD. UH, THANK YOU FOR YOUR TIME THIS EVENING. UH, MY NAME IS BRANDON BENDELL. I'M THE OWNER OF BENDELL AUTO SERVICE. I'M HERE TONIGHT TO RESPECTFULLY ASK APPROVAL OF THIS SPECIAL USE PERMIT, UH, WHICH WOULD ALLOW ME TO RELOCATE MY AUTOMOTIVE COMPANY TO 1 0 6 [01:10:01] INDUSTRY DRIVE. UH, BEFORE, BEFORE I SPEAK ABOUT THE BUSINESS, I'LL JUST SHARE A LITTLE BIT ABOUT MYSELF AND MY CONNECTION WITH THIS COMMUNITY. UM, I'VE BEEN SERVING YORK COUNTY CITIZENS, UM, MY ENTIRE ADULT LIFE. I SPENT 15 YEARS WITH THE YORK COAST AND SHERIFF'S OFFICE, UM, BOTH IN A FULL-TIME CAPACITY AND AN AUXILIARY CAPACITY. I HAD THE PRIVILEGE OF PROTECTING THE CITIZENS AND SERVING THEM, UM, FOR 15 YEARS. UH, THROUGHOUT THAT TIME, I LEARNED THE VALUE OF TRUST, ACCOUNTABILITY, BEING A GOOD NEIGHBOR. UH, IN ADDITION TO MY LAW ENFORCEMENT CAREER, I'VE OWNED AND OPERATED THIS BUSINESS ON PRODUCTION DRIVE FOR 14 YEARS. UM, DURING THOSE YEARS, MYSELF AND MY EMPLOYEES HAVE WORKED HARD TO BUILD A REPUTATION BASED ON ODY HONESTY, UH, QUALITY WORKMANSHIP, CUSTOMER SERVICE. UH, MANY OF MY CUSTOMERS ARE YORK COUNTY RESIDENTS. AND, UH, WE ALSO HAVE MANY CUSTOMERS THAT COME FROM AS FAR AS TONO, UH, TO COME TO OUR LOCATION. UM, AS YOU KNOW, THIS RE THIS RELOCATION IS NOT ABOUT CREATING A NEW BUSINESS. SO WE'RE INTRODUCING UNFAMILIAR USE INTO THE COMMUNITY. UH, IT'S AN ESTABLISHED LOCAL BUSINESS WITH A PROVEN TRACK RECORD. THE REQUEST IS SIMPLY TO ALLOW US TO MOVE THE PROPERTY TO A LOCATION BETTER SUITED FOR OUR COMPANY. THE PROPERTY AT 1 0 6 INDUSTRY DRIVE IS LOCATED IN AN ESTABLISHED COMMERCIAL INDUSTRIAL AREA AND WAS BUILT WITH COMMERCIAL OPERATIONS IN MIND. THIS FACILITY INCLUDES WORKSHOP AREA, WAREHOUSE, SPACE, AMPLE PARKING AND INFRASTRUCTURE APPROPRIATE TO, UM, SUPPORT AUTOMOTIVE SERVICES. UH, I UNDERSTAND THE PURPOSE OF THE SPECIAL USE PERMIT PROCESS IS TO ENSURE THAT PROPOSED USES ARE COMPATIBLE WITH SURROUNDING PROPERTIES AND DO NOT CREATE ADVERSE IMPACTS. YORK COUNTY'S REVIEW PROCESS SPECIFICALLY CONSIDERS COMPATIBILITY, TRANSPORTATION AND CONDITIONS THAT MITIGATE POTENTIAL CONCERNS. I'VE ALSO BEEN WORKING WITH OTHER COUNTY, COUNTY AGENCIES SUCH AS THE FIRE DEPARTMENT TO ENSURE THAT WE'RE IN COMPLIANCE WITH ALL THEIR REQUIREMENTS. UM, THE KNOX BOX THAT WAS SPOKE OF, UM, I'VE ALREADY ORDERED THAT THE FIRE DEPARTMENT HAS ALREADY BEEN OUT TO THE LOCATION AND IS WORKING WITH ME TO, UH, GAIN COMPLIANCE IN A COUPLE OF SPECIFIC AREAS REGARDING MY COMPANY. UM, I WANT TO ENSURE THE BOARD TONIGHT, ASSURE THE BOARD TONIGHT THAT I'M COMMITTED TO OPERATING THE BUSINESS IN A PROFESSIONAL MANNER THAT REFLECTS POS POSITIVELY ON YORK COUNTY. MY GOAL IS TO MAINTAIN A CLEAN, WELL-MANAGED FACILITY AND BE RESPONSIBLE BUSINESS OWNER AND CONTINUING TO SERVE THIS COMMUNITY THAT I'VE SPENT MOST OF MY LIFE ALREADY DOING. UM, YORK COUNTY'S BEEN MY WORKPLACE, THE PLACE WHERE I'VE BUILT MY CAREER, BOTH AS FORMER LAW ENFORCEMENT AND AS A BUSINESS OWNER. UM, I TAKE GREAT PRIDE IN CONTRIBUTING POSITIVELY TO YOUR COUNTY AND CONTINUING THAT THROUGH THE SERVICES THAT MY COMPANY PROVIDES. UM, THANK YOU AGAIN FOR YOUR TIME, UM, IN MAKING THIS HAPPEN FOR ME TONIGHT. I'LL BE GLAD TO ANSWER ANY QUESTIONS ANYBODY HAS BOARD OF ANY? NO QUESTIONS. I HAVE ONE. SO TO SAY, IN YOUR BUSINESS, DO YOU SPECIALIZE IN ANY PARTICULAR KIND OF CAR OR, OR NO? WE CLASSIFY OURSELF AS GENERAL REPAIR. UM, WE DO, WE DO A LOT OF FLEET WORK FOR COMPANIES, A LOT OF COMPANIES IN YOUR COUNTY. UM, O OVER THE YEARS WE'VE TRANSITIONED A LOT INTO FLEET WORK, UM, JUST BY WORD OF MOUTH, REPUTATION AND DIFFERENT, YOU KNOW, BUSINESSES. THE, THE TRUCKS ARE THE MONEY, SO THE QUICKER THEY CAN GET 'EM BACK, THE HAPPIER THEY ARE. BUT WE STILL MAINTAIN A, A LARGE CUSTOMER BASE OF JUST DAILY TRAFFIC. UH, PEOPLE CALLING A SCHEDULING JUST FAMILIES RESIDENCE. HOW MANY EMPLOYEES DO YOU HAVE? UH, LET'S SEE. WE HAVE SIX. SIX? OKAY. YES. I'M NOT, I DON'T KNOW THAT I'M NECESSARILY LOOKING TO GROW A WHOLE LOT MORE AS FAR AS THAT GOES, BUT THIS NEW, THIS NEW PROPERTY DOES GIMME OPPORTUNITY TO DO SO. SO YOU COME OFF PRODUCTION DRIVE OVER TO INDUSTRY DRIVE, RIGHT? YES, SIR. IT'S, IT'S, IT'S REAL CLOSE PROXIMITY ACTUALLY. AND THAT, THAT'S ONE OF THE THINGS THAT WAS FAVORABLE ABOUT THIS TO ME IS BECAUSE IT'S GONNA BE AN EASY TRANSITION FOR THE CUSTOMERS. IT'S NOT GONNA TAKE A WHOLE LOT MORE EFFORT TO GET THERE FROM ANYWHERE ELSE THAT YOU'RE COMING FROM. OKAY. ALRIGHT. THANK YOU. SO DOES THIS MOVE BRING ANY NEW SERVICES, EXPANDING SERVICES FROM WHERE YOU WERE ON PRODUCTION DRIVE? NO, SIR. SO BUS BUSINESS AS USUAL? YES SIR. LITTLE BIT MORE SPACE? SOUNDS LIKE IT'S DEFINITELY MORE, UH, SHOP SPACE. OKAY. UM, MORE ROOM FOR EQUIPMENT. IT'S NOT AS MUCH TRIPPING OVER EACH OTHER, THINGS LIKE THAT. GOTCHA. AND IT DOES, IT DOES ALLOW EXPANSION INTO MORE SERVICE BASE. BUT AGAIN, THE PLAN NOW IS TO JUST TRANSITION WHAT WE HAVE OVER THERE AND JUST KIND OF MAINTAIN THAT. OKAY. ALRIGHT. THANK YOU. YES, SIR. MR. BENO, THANK YOU FOR YOUR SERVICE. THANK YOU. YEP. THANK YOU. ARE THERE ANY CITIZENS IN THE AUDIENCE WHO WISH TO SPEAK TO THIS MATTER? I SEEING NONE. I WILL CLOSE THE PUBLIC HEARING ANY BOARD DISCUSSION. IF NONE, I'LL, I'D MOVE IT. I'LL MOVE IT. YOU MOVE IT? YEAH. I'LL MOVE IT. R 26 OF DASH 1 0 8 R 26 1 0 8. WE WILL CALL, PLEASE. THE MOTION MADE BY MR. DREWRY IS TO APPROVE PROPOSED RESOLUTION R 26 1 0 8 AS SUBMITTED. MR. SHEPHERD? YES. MRS. NOLL? YES. MR. DREWRY? YES. MR. ROME? YES. [01:15:02] MR. ROY? YES. MOTION CARRIED. WE WILL NOW MOVE [6. Application No. UP-1067-26, Peter Guhl: Consider adoption of proposed Resolution R26-107 to approve a request for a Special Use Permit, pursuant to Section 24.1-306 (Category 1, No. 6) of the York County Zoning Ordinance, to authorize the establishment of a tourist home on a 0.48-acre parcel (GPIN R09d-4462-1115) located at 1008 Hornsbyville Rd (Route 718). The property is zoned RR (Rural Residential) and is designated Low -Density Residential in the Comprehensive Plan. Approved as Amended.] ON TO APPLICATION, UH, UP 10 67 DASH 26 AND CALL ON, UH, MS. GARNER TO PRESENT THIS STR APPLICATION. YES. THANK YOU. SO THIS APPLICATION IS A REQUEST FOR A SPECIAL USE PERMIT TO AUTHORIZE THE ESTABLISHMENT OF A TOURIST HOME AND AN EXISTING SINGLE FAMILY DETACHED DWELLING LOCATED AT 1 0 0 8 HORNSBY VILLAGE ROAD. IF GRANTED, THE APPLICANT WILL MAKE TWO OF THE THREE BEDROOMS IN HIS HOME AVAILABLE TO GUESTS. THE APPROXIMATELY HALF ACRE PROPERTY IS LOCATED NEAR THE CORNER OF WOLF TRAP ROAD AND HORNS BEVILLE ROAD. THE SUBJECT PARCEL AND THE SURROUNDING PARCELS ARE ZONED RR. FOR RURAL RESIDENTIAL, THE HOUSE IS SURROUNDED ON THREE SIDES BY FOUR SINGLE FAMILY HOMES. THE BACK OF THE PROPERTY, THE SOUTHEASTERN SIDE, ABUT CSX RAILROAD TRACKS. BEYOND THAT IS ANOTHER SINGLE FAMILY HOME. THE SUBJECT STRUCTURE IS A THREE BEDROOM, 1,560 SQUARE FOOT, SINGLE FAMILY DETACHED DWELLING. THE TWO STORY DWELLING HAS THREE BEDROOMS, TWO AND A HALF BATHROOMS, A KITCHEN, LIVING ROOM, DINING ROOM, ATTACHED TWO CAR GARAGE, AND A DECK. THE APPLICANT PROPOSES TO STAY IN THE MASTER BEDROOM OF THE HOUSE WHILE RENTALS ARE TAKING PLACE. HE PROPOSES TO ALLOW ANY COMBINATION OF GUESTS WITH AT LEAST ONE ADULT TO A MAXIMUM OF SIX PEOPLE, UH, TO STAY IN THE HOME AT ANY ONE TIME. THE STANDARDS REQUIRE, UH, THE BOARD TO ESTABLISH THE MAXIMUM OCCUPANCY OF A TOURIST HOME BASED ON THE DENSITY AND CHARACTER OF THE AREA, AS WELL AS THE SIZE AND CHARACTERISTICS OF THE HOME. IN THIS CASE, THE APPLICANT WISHES TO MAKE TWO OF THE THREE BEDROOMS AVAILABLE TO RENT TO UP TO SIX PERSONS WITH, UH, AT LEAST ONE ADULT. WHILE THE APPLICANT'S PROPOSAL COULD ALLOW ONE ADULT AND FIVE CHILDREN, IT COULD ALSO ALLOW SIX ADULTS BASED ON THE NARRATIVE, WHICH STATES THAT THE APPLICANT WILL OCCUPY ONE BEDROOM AND LEAVE TWO BEDROOMS FOR RENTAL STAFF HAS PROPOSED A CONDITION OF APPROVAL THAT THE MAXIMUM NUMBER OF GUESTS BE LIMITED TO FOUR. THE ZONING ORDINANCE REQUIRES FOUR PARKING SPACES FOR THE PROPOSED USE. IT STATES THAT TWO TWO SPACES PLUS ONE SPACE PER EACH SLEEPING ROOM IS REQUIRED FOR TOURIST HOMES. A PARKING SPACE LOCATED WITHIN A GARAGE SHALL BE CREDITED AS HALF OF A REQUIRED PARKING SPACE. THE ORDINANCE SPECIFIES THAT PARKING SPACES SHOULD BE NINE BY 18 FEET. ACCORDING TO THE APPLICANT'S NARRATIVE, THE DRIVEWAY IS 71 FEET LONG BY 16 FEET WIDE. THEREFORE, THE APPLICANT PLANS TO PARK HIS OWN CAR IN THE GARAGE AND ALLOW THREE CARS TO PARK IN THE DRIVEWAY IN TANDEM. SECTION 24.1 DASH 1 0 4 OF THE ZONING ORDINANCE DEFINES TRANSIENT OCCUPANCY AS OCCUPANCY OF AN ACCOMMODATION FOR LESS THAN 30 CONTINUOUS DAYS BY A VISITOR. THE APPLICANT HAS PROPOSED LENGTHS OF STAY RANGING FROM A MINIMUM OF ONE DAY TO A MAXIMUM OF 30 DAYS. THE ZONING ORDINANCE ALLOWS ONE NON ILLUMINATED SIGN FOR TOURIST HOMES. FREESTANDING SIGNS MAY BE NO MORE THAN THREE SQUARE FEET IN AREA AND THREE FEET IN HEIGHT. THE APPLICANT PROPOSES TO INSTALL ONE FREESTANDING SIGN IN THE LOCATION INDICATED HERE BY THE RED STAR. THE ZONING ORDINANCE REQUIRES THE OWNER, UH, TO RESIDE EITHER IN THE HOME OR ON ADJACENT PREMISES OR DESIGNATED RESPONSIBLE PARTY TO RES UH, RESOLVE PROBLEMS OR COMPLAINTS DURING RENTALS. BOARD POLICY NUMBER BP 24 DASH 30 STATES, THE OWNER OF A TOUR'S HOME SHOULD RESIDE EITHER IN THE HOME OR IN AN ADJACENT PREMISES. THE APPLICANT STATES IN THEIR NARRATIVE THAT, UH, THEY WILL STAY IN THE HOME, UH, WHILE TENANTS RENT, UH, THE TWO BEDROOMS, WHICH IS CONSISTENT WITH THE ZONING ORDINANCE AND BOARD POLICY AND BOARD POLICY. BP 24 DASH 30 REQUIRES TOURIST HOMES, UH, LOCATED IN THE RR ZONING DISTRICT TO BE LOCATED AT LEAST ONE HALF MILE FROM ANOTHER SHORT TERM RENTAL HOME. THE NEAREST SHORT TERM RENTAL HOME IS LOCATED IN MARROW BANK FARM, 8600TH OF A MILE FROM THE SUBJECT PROPERTY. THE APPLICANT'S PROPOSAL MEETS THIS CRITERION. ACCORDING TO THE APPLICANT'S NARRATIVE, HE'LL PROHIBIT PETS EVENTS AND SMOKING, ESTABLISH QUIET HOURS FROM 10:00 PM TO 7:00 AM AND REMAIN ON SITE DURING RENTALS. A STANDARD CONDITION OF APPROVAL HAS BEEN PROPOSED THAT WOULD REQUIRE THE APPLICANT APPLICANT TO MAINTAIN THE TOURIST HOME IN ACCORDANCE WITH THE NARRATIVE SUBMITTED. AND SECTION 24.1 DASH 4 0 9 H SETS FORTH A SERIES OF EMERGENCY, UH, LIFE SAFETY REQUIREMENTS, INCLUDING AN EMERGENCY ACTION PLAN, FIRE EXTINGUISHERS, ANNUAL FIRE INSPECTIONS, AND INTERCONNECTED SMOKE DETECTORS. THE APPLICANT STATED IN HIS NARRATIVE THAT HE HAS A, A FIRE EXTINGUISHER, THREE INTERCONNECTED SMOKE DETECTORS AND ONE CARBON MONOXIDE DETECTOR INSTALLED IN HIS HOME. THE APPLICANT DELIVERED FOUR LETTERS OF SUPPORT FROM TWO ADJACENT PROPERTIES. THE PLANNING DIVISION RECEIVED NO ADDITIONAL COMMENTS. [01:20:02] SO THE APPLICANT'S PROPOSAL COMPLIES WITH THE REQUIREMENTS OF THE ZONING ORDINANCE AND BOARD POLICY NUMBER BP 24 DASH 30 BY LIMITING THE NUMBER OF GUESTS TO FOUR. THROUGH A CONDITION OF APPROVAL, THE PROPOSED TAURUS HOME WOULD BE CONSISTENT IN TYPE AND INTENSITY WITH PREVIOUSLY APPROVED TAURUS HOME USES. GIVEN THE APPLICANT WILL LIVE IN THE HOME WHILE RENTALS ARE TAKING PLACE TO MONITOR GUESTS BEHAVIOR, STAFF BELIEVES THE PROPOSED TAURUS HOME IS NOT LIKELY TO HAVE AN ADVERSE IMPACT ON NEARBY PROPERTIES OR IN THE RESIDENTIAL CHARACTER OF THE SURROUNDING AREA. THEREFORE, STAFF RECOMMENDS APPROVAL OF THIS APPLICATION SUBJECT TO THE CONDITION SET FORTH IN PROPOSED RESOLUTION NUMBER R 26 DASH 1 0 7. THE PLANNING COMMISSION CONSIDERED THIS APPLICATION DURING ITS APRIL 8TH MEETING AND VOTED SIX TO ZERO WITH MR. KRINER, UH, ABSENT TO RECOMMEND APPROVAL. THANK YOU. SO AGAIN, I'M HAPPY TO ANSWER ANY QUESTIONS AND THE APPLICANT IS HERE TO ANSWER YOUR QUESTIONS AS WELL. MRS. NO. ANY QUESTIONS FOR JEANNIE? NO FOR THANK YOU MR. SHEPHERD. OKAY. SO I WANNA MAKE SURE I UNDERSTAND THIS 'CAUSE I, I, BECAUSE I, UH, ALWAYS LOOKED AT THIS SLIGHTLY DIFFERENT. NOW I, I'M LOOKING AT IT AFTER WITH A FEW DISCUSSIONS HERE. SO WHAT WE'RE SAYING HERE, ACCORDING TO OUR RULES OR CODE, WHATEVER YOU WANNA CALL IT, UM, THAT THE HOMEOWNER IS TETHERED TO THE HOUSE AS LONG AS HE HAS GUESTS THERE RIGHT. LIVING IN THE HOUSE OR, OR PEOPLE THAT ARE RENTING THE PLACE. HE HAS TO ACTUALLY BE TETHERED TO THE HOUSE. HE'S, HE'S THERE IN THE HOUSE, THE CODE ALL THE TIME, OR A FAMILY MEMBER. THE CODE REQUIRES THAT, UM, THEY EITHER LIVE IN THE HOME OR IN AN ADJACENT PREMISES OR DESIGNATE A RESPONSIBLE PARTY. WELL SEE, LIVING IN THE HOME IS, I MEAN, I CAN LIVE IN A HOME THAT'S MY HOME WHERE I LIVE, BUT I HAVE TO GO TO WORK SOMEWHERE THAT PEOPLE CAN STILL BE RENTING THE PROPERTY AS A, YOU KNOW, TEMPORARY WHILE I'M AT WORK, COME HOME, I'M BACK AT HOME. BUT THAT'S ACCORDING TO THE WAY THIS IS WRITTEN. I DON'T, THAT'S NOT, THAT'S THE INCORRECT INTERPRETATION. NO, IT SAYS THEY HAVE TO BE IN THE HOME AND HE SHALL RESIDE IN AND BE PRESENT AT THE HOME DURING ALL TOURIST HOME RENTALS. SO THAT TELLS ME YOU'RE, YOU'RE ACTUALLY TETHERED TO YOUR HOUSE. MM-HMM. YES. DID WE REQUIRE THAT ON ALL OF OURS? I DON'T, I DON'T REMEMBER THAT BEING TETHERED. THIS THAT MAKES TO ME IS I GOT A PROBLEM. IT'S TOO STRAIGHT. LET'S, LET'S SAVE THAT FOR THE BOARD DISCUSSION. THIS IS THE QUESTION, PERIOD. WELL, I MEAN, THIS IS A DISCUSSION. I'M, I WANNA MAKE SURE THAT EVERYBODY UNDERSTANDS IT, STEVE. RIGHT. BECAUSE THIS IS, WE NEED TO GET CLARITY ON THAT. YEAH, FOR SURE. I JUST WANNA MAKE SURE THIS IS CLEARLY UNDERSTOOD. ALRIGHT. THIS, THIS IS ESSENTIALLY THE SAME DISCUSSION WE HAD WITH WAYNE HERMAN. I DON'T REMEMBER THE, I, THE, THE, OKAY, WELL I THINK I'LL AGREE WITH STEVE. WE'LL KIND OF WAIT TO THE END HERE IF YOU WANT TO. 'CAUSE DO WE NEED TO TALK ABOUT THIS? YES. OKAY. MM-HMM . ANY OTHER QUESTIONS FOR JEANNIE? OH, NO, I'M SORRY. NO, I, SO WHEN IT SAYS DESIGNATE DESIGNATED RESPONSIBLE PERSON, WHAT DOES THAT MEAN? THAT LIVES IN THE HOUSE OR LIVES ADJACENT TO THE HOUSE? IT, THEY DON'T HAVE TO LIVE IN THE HOUSE. THEY JUST HAVE TO LIVE, UM, NEARBY. OKAY. RIGHT. SO IF HE HAS A RESPONSIBLE PERSON THAT'S WILLING TO BE HIS DESIGNATED PERSON THAT LIVES NEARBY, THAT COULD QUALIFY. YES, THOUGH THE CODE ALLOWS THAT DESIGNATED RESPONSIBLE PARTY, THE BOARD POLICY DOES NOT ALLOW THAT DESIGNATED RESPONSIBLE PARTY. THE BOARD POLICY SAYS THAT IT, THE OWNER MUST LIVE IN THE HOUSE OR AN ADJACENT PREMISES THAT IS WITHIN 3000 FEET. SO THERE IS A DIFFERENCE BETWEEN THAT BOARD POLICY AND THE CODE. RIGHT. OKAY. OKAY. I'M CONFUSED. YEAH. DIFFERENCE BETWEEN THE POLICY AND THE CODE. SO WHICH IS THE CODE AND WHICH IS THE POLICY? THE CODE POLICY IS SOMEONE HAS TO LIVE THERE ALL THE TIME. THE CODE REQUIRES THAT YOU EITHER LIVE IN THE HOME AND AN ADJACENT PREMISES OR DESIGNATE A RESPONSIBLE PARTY. THAT'S THE CODE. THAT'S THE CODE. THAT'S WHAT I, WHEREAS WITH THE BOARD POLICY, IT MUST BE THE OWNER AND THEY MUST LIVE IN THE HOME OR WITHIN 3000 FEET OF THE HOME. BUT NEITHER, NEITHER. WELL, WE'LL TALK ABOUT IT. NEITHER SAYS THAT YOU HAVE TO BE TETHERED TO THE HOME THE WHOLE TIME PEOPLE ARE IN THE HOME. IS THAT CORRECT? YES. OKAY. 'CAUSE I THINK THAT'S WHERE THE CONFUSION WAS COMING. NO, IT'S, THAT'S THAT I THINK YOU, WHAT YOU JUST ASKED, IT'S NOT WHAT I WAS TALKING ABOUT. IT SAYS THEY HAVE TO BE PRESENT IN THE HOUSE. NOW [01:25:01] THE AT ALL TIMES. ALL ALL TIMES WHEN THE RENTERS ARE THERE AT, RIGHT, THAT'S WHAT I'M SAYING. TETHERED TO THAT HOUSE. IT'S TETHERED TO THE HOUSE. OKAY. SHE'S SAYING THAT'S NOT RIGHT. I, I JUST READ, IT'S RIGHT HERE. IT'S GOTTA BE PRESENT. IT SAYS PRESENT AT THE ADDRESS PERSON I THE RESOLUTION. WE NEED TO GET SOME CLARITY. THIS IS SECTION AS PART TWO OF THE, UH, THE RESOLUTION DOES REQUIRE. SO WE NEED TO GET CLARITY FROM THE RESOLUTION. YOU GUYS, THE RESOLUTION SAYS THAT THE OWNER SLASH OPERATOR OF THE TOURIST HOME SHALL RESIDE IN AND BE PRESENT AT 1 0 0 8 POINTS BEVO ROAD DURING ALL TOURIST HOME RENTALS. SO IF YOU'RE ASKING ABOUT THE CODE, THAT'S DIFFERENT THAN WHAT WE'VE WRITTEN IN OUR, IN OUR PROPOSED RESOLUTION. AND THE PO PROPOSED RESOLUTION IS REQUIRING THEM TO BE PRESENT. OKAY. SO THAT'S A WHOLE DIFFERENT BALL GAME. THE CODE DOES NOT REQUIRE THAT, BUT THE RESOLUTION AS WRITTEN DOES REQUIRE THAT AND THE POLICY. MR. CHAIRMAN, MAY I I HAVE A PLEASE PRESENT SOME CLARIFICATION. YES, PLEASE. THE, THE REASON AS I RECALL WHEN THIS CAME UP THAT WE ADDED THE LANGUAGE BE PRESENT IN, WAS TO CLARIFY THAT LEGALLY AND AS UNDERSTOOD IN MOST CONTEXTS WHEN YOU RESIDE IN A HOME THAT'S JUST A, UH, THE, THE PHYSICAL ACT OF THAT BEING YOUR RESIDENCE, YOU COULD GO AWAY AND LIVE IN, YOU COULD GO TRAVEL IN PARIS FOR SIX MONTHS AND COME BACK, BUT YOU STILL RESIDE IN THE HOME. THE PRESENCE REQUIREMENT WAS TO REQUIRE PHYSICAL PRESENCE, BUT NOT SITTING IN A CHAIR IN YOUR LIVING ROOM 24 HOURS A DAY IN THAT HOME. YOU, YOU JUST HAVE TO NOT BE, YOU HAVE TO BE PRESENTLY RESIDING AND ESSENTIALLY DOMICILED AT THAT RESIDENCE DURING THE TIME PERIOD. SO IT DOESN'T PREVENT YOU FROM GOING TO WORK OR GOING TO GET GROCERIES OR ANYTHING LIKE THAT. THAT WAS, WE HAD THIS DISCUSSION AT THE TIME THAT IT WAS DONE. AND THAT WAS THE UNDERSTANDING THAT I BELIEVE EVERYBODY HAD ABOUT WHY WE DISTINGUISHED BETWEEN RESIDE IN AND BE PRESENT BECAUSE WE WANTED TO MAKE, WE, WE DIDN'T WANT TO MAKE IT, WE DIDN'T WANNA MAKE IT RESIDE WOULD BE BROADER AND ALLOW PEOPLE MORE FREEDOM TO NOT BE AROUND. WHEREAS BE PRESENT REQUIRES SOME TEMPORAL PRESENCE STILL AT THE LOCATION. IN OTHER WORDS, YOU CAN'T GO ON VACATION FOR A WEEK AND HAVE RENTERS IN YOUR HOUSE BECAUSE YOU'RE NOT PRESENT THERE. RIGHT. BUT YOU ARE RESIDING, THE, THE DRIVER BEHIND THAT WAS TO ADDRESS CONCERNS ABOUT ABSENTEE LANDLORDS. MM-HMM . DOING WHAT YOU SAID, GOING ON VACATION WHILE THEY HAVE HAVE RENTERS OR JUST NOT BEING PRESENT. AND THE COMMUNITY THAT LIVES AROUND THAT RENTAL, NOT HAVING THE OWNER TO AC ACCESS WHEN THERE ARE ISSUES. SO HAVING THE OWNER THERE PRESENT BY THE DEFINITION THAT MR. HILL JUST SHARED, UM, ALLOWS THE, THE OTHER PROPERTY OWNERS TO GO KNOCK ON THE DOOR AND SAY, HEY, YOUR RENTERS NOT THE PEOPLE, NOT THE PERSON THAT IS HIRED TO MANAGE THE RENTER, BUT YOUR RENTERS ARE COSTING AN ISSUE. SO THE OWNER HAS SKIN IN THE GAME AND CAN AND ADDRESS IT WAS NEVER INTENDED THAT. LIKE MS. HILL SAYS YOU'RE SITTING IN A CHAIR FOR 24 BY SEVEN FOR THE DURATION OF THE, OF THE OTHER, OF THE RENTAL. RIGHT. SO THAT, THAT WAS THE DRIVER BEHIND IT. SO HAVING THAT CLARIFICATION, I DON'T THINK THE LANGUAGE IS AN ISSUE NOW, BUT IT DOES SET AN EXPECTATION ON WE NEED THE OWNERS THERE ON SITE MAJORITY OF THE TIME FOR SKIN OF THE GAME. SO, AND WE'VE, WE'VE DONE THIS SEVERAL TIMES BEFORE. IT HASN'T BEEN AN ISSUE. I WE DON'T NEED TO MAKE AN ISSUE OF IT NOW. I THINK WE ALL UNDERSTAND WHAT THE EXPECTATION IS AND I THINK, I THINK THE LANGUAGE ADDRESSES IT. YEAH. YOU COULDN'T BE IN YOUR FLORIDA VACATION HOME FOR FIVE MONTHS AND RENT YOUR RIGHT. YOUR PRIMARY, UH, RESIDENCE. I UNDERSTAND THAT PART OF IT. BUT STEVE, I'M NOT A HUNDRED PERCENT SURE THAT I AGREE WITH THE INTERPRETATION OF PRESENT. ME NEITHER. WELL, HE JUST EXPLAINED IT. WELL, I CAN HEAR I'M HEARING WHAT HE'S SAYING. OKAY. RIGHT. UM, BUT, UM, UH, IF I'M NOT MISTAKEN, HARVIN DIDN'T EVEN LIVE IN THAT HOUSE. THAT WAS JUST AN EXTRA HOUSE. AND THAT WAS THE ISSUE WITH, AND HE LIVED AND HE WANTED TO GO OFF ON VACATION SOMEWHERE. RIGHT. AND THAT WAS THE ISSUE WITH, WITH HIS A APPLICANT. RIGHT. HE, IF I REMEMBER CORRECTLY, HE DIDN'T INTEND TO BE PRESENT DURING RENTAL AND THAT WASN'T HIS RESIDENCE. HE, THAT WAS NOT HIS RESIDENCE. THAT WAS JUST A, THAT WAS A PIECE OF PROPERTY HE OWNED. AND, AND, AND, AND, AND THAT, AND THAT'S FINE AS WELL. BUT AGAIN, HIS INTENTION AS I, AS I REMEMBER WAS HE DID NOT INTEND TO BE PRESENT WHILE IT WAS BEING RENTED. AND THAT WAS ISSUED THERE. RIGHT. IN THE NARRATIVE HERE, THE, THE OWNER OF THE PROPERTY IS INTENDED TO BE PRESENT WHILE IT'S BEING RENTED. SO, SO THE DEFINITION OF PRESENT HERE, AND I'M NOT, I'M GONNA, WHAT I DON'T WANT TO GET INTO THIS IS, IS WHAT IS, IS, YOU KNOW, IS THAT KIND OF THING I WANT, I WANT CONSUMER CLARITY AND THE FACT THAT PRESENT MEANS THAT [01:30:01] YOU'RE WITH, YOU KNOW, WE, WE TALK ABOUT 3000 FEET THAT SOMEBODY COULD BE WITHIN 3000 FEET SERVED AS A, AS A, A PROXY FOR THE OWNER, RIGHT? NO, NO. WHO'S THE, WHAT'S THE 3000 FEET IS, WHAT'S THE 3000 FEET? THE OWNER? THE OWNER'S GOTTA BE WITHIN 3000 FEET, RIGHT? NO FAMILY MEMBER. NO, WITHIN 3000 FEET. IT'S FAMILY. YEAH. WE MADE EXCEPTION FOR FAMILY. OKAY. SO WE HAD THIS CASE UP IN WILLIAMSBURG WHERE LADY HAD HER HOUSE, SHE WANTED AS USES A RENTAL, AND SHE, UM, BUT SHE AND HER BOYFRIEND LIVED DOWN HERE SOMEWHERE IN GRAFTON MM-HMM . RIGHT. BUT SHE HAD A FAMILY MEMBER AND WE TURNED IT AND THAT'S WHEN YOUR PREDECESSOR WAS HERE. WE TURNED IT DOWN AND THEN HE REALIZED THAT THAT WAS A BRIDGE TOO FAR, CAME BACK AND WE REVERSED IT. AND THAT'S WHY WE THEN HAD A POLICY DEVELOPED WHEN I DID COME IN AND REPLACE MY PREDECESSOR. OKAY. ALMOST SAME DATES BACK TO 24. THE CASE YOU'RE REFERRING TO WAS 23. OKAY. WELL, I JUST REMEMBER THESE LITTLE WEIRD CASES RIGHT NOW , SO, OKAY. SO, ALL RIGHT. DO WE NEED SOME MORE? I DON'T KNOW IF WE NEED CLARIFICATION ON PRESENT. WELL, YOU THINK LEGALLY THAT, UM, ILLEGALLY THAT'S GONNA HOLD UP. I, I, I FEEL, I FEEL IT DOES. I THINK THAT THE EXPLANATION WAS TO DISTINGUISH THE PRESENCE WAS ADDED TO DISTINGUISH IT FROM SIMPLY RESIDING. OKAY, GOT IT. I GOT IT. OKAY, I'LL GO ON IT NOW. TELL ME, OKAY, LET'S, LET'S GO BACK STRETCH JUST A LITTLE FURTHER. POLICY. HOW'S POLICY PLAY INTO THE CODE? WELL, THE, THE CODE OF, OF, WE HAVE A CODE OF ORDINANCES THAT HAS CODE THAT WAS ADOPTED AND OUR HAD THE, THE LEGAL EFFECT OF ORDINANCE. WE HAVE A BOARD POLICY THAT WAS PASSED THAT THE BOARD SET FORTH GUIDELINES THAT IT EXPECTS TO FOLLOW. BUT IT IS A POLICY. SO IT IS, IT'S NOT A CODE. CORRECT. IT'S NOT A CODE. SO, SO I I'LL ADDRESS THAT. I'LL, I'LL ADDRESS THAT ANOTHER WAY. SO SINCE THIS IS A SPECIAL USE PERMIT, WE COULD DECIDE YES OR NO WITHOUT ANY QUESTIONS OR ANY COMMENTS. AND THEN THE APPLICANT WILL HAVE NO IDEA WHETHER THEIR APPLICATION IS GONNA GET APPROVED OR NOT. BUT WE HAVE SOME EXPECTATIONS ON PERFORMANCE, ONE OF THEM BEING, BEING PRESENT WHILE IT'S BEING RENTED. SO MAKE SURE THAT IS TRANSPARENT AND NOT A BLACK HOLE. WE ESTABLISH A POLICY SO THAT WHEN APPLICANTS APPLY FOR THIS, THEY SEE THE ORDINANCE AND THEY SEE THE POLICY TO KNOW WHAT TO EXPECT. SO WHEN THEY APPLY, THEY CAN HAVE SOME REASONABLE EXPECTATION OF WHETHER THEY'LL GET APPROVED OR NOT. SO THAT IS WHERE THE POLICY COMES IN, UM, IN ADDITION TO THE, THE ORDINANCE. BUT IT'S A SPECIAL USE PERMIT. SO THE POLICY IS A GUIDELINE, BUT IT'S NOT, IT'S NOT THE CODE, IT'S NOT THE RULE. RIGHT. WELL, THAT'S, THAT'S TRUE. BUT THIS IS A SPECIAL USE PERMIT. EVERYTHING IS A GUIDELINE AND, AND WE MAKE A DECISION ONE THAN ANOTHER. BUT, BUT WE'RE TRYING TO BE TRANSPARENT TO THE APPLICANTS IN ALL CASES. SO THEY KNOW WHAT TO EXPECT WHEN THEY COME BEFORE, LET'S, LET'S GO BACK IN HISTORY. THE GENERAL ASSEMBLY HAD SAID THAT IF YOU MODIFIED YOUR CODE AFTER A CERTAIN DATE, IT WAS NO LONGER IN, IN PLAY, NO LONGER EFFECTIVE. THAT'S WHY WE HAD TO RIGHT. DEVELOP A POLICY TO, TO INCLUDE THE CHANGES WE WISH TO MAKE. UNDERSTAND. BUT WE DID, WE NOT, WE DID NOT CHANGE THE CODE. WE CH WE ADDED THE, ADDED THE POLICY, WE ADDED A POLICY. IT'S ON TOP OF THE CODE TO THE CODE. BUT THAT IS NOT AS LEGAL BINDING AS THE CODE. IT'S, IT'S BINDING. THAT'S WHAT THIS BOARD AGREED ON. WELL, WE AGREED ON A POLICY, BUT YES SIR. IT'S, THE CODE IS, IT'S NO SIRS RULES. NO, SIR. THAT'S WHAT I WAS, THAT'S WHAT HE SAID. THE LAWYER JUST TOLD, TOLD US THAT IF THE CODE IS WHAT YOU, AND WE SAID THAT THE POLICY WAS BINDING, WE COULDN'T CHANGE THE CODE BECAUSE OF THE GENERAL ASSEMBLY ACTION. BUT YOU CAN CHANGE POLICY. YOU COULD, YOU'RE, THE BOARD IS ALWAYS FREE TO CHANGE YOUR OWN POLICIES IF YOU WISH TO, BUT YOU DID NOT. AND YOU PUT IN PLACE A POLICY THAT'S AS, AS MR. ROH INDICATED. THESE ARE THE EXPECTATIONS THAT THIS BOARD HAS ESTABLISHED AND THIS IS WHAT WE'RE EXPECTING FOR APPROVAL OF SHORT TERM RENTALS. WELL, I REMEMBER RIGHT AFTER, AND STEVE, YOU CAN CORRECT ME ON THIS, MY BRAIN'S GONE BAD, BUT THE, UH, WHEN WE, WE, WE CREATED THE POLICY AND THEN NEXT MONTH THEY CAME IN WITH AN APPLICATION THAT VIOLATED THE POLICY. RIGHT. AND I REMEMBER YOU SAID, WELL, WE JUST CREATED THIS POLICY, SO I'M GONNA SUPPORT THE POLICY. AND IT WE TURNED DOWN THE APPLICATION. RIGHT. IS THAT YOUR, THAT SEEMS THAT'S SENIOR. REMEMBER LIKE I SAID, RIGHT. AND IF YOU RECALL, I DIDN'T AGREE WITH THE POLICY. YEAH. AND, AND, AND THAT, AND THAT'S, AND, AND AGAIN, THAT'S FINE. 'CAUSE AGAIN, THIS IS A SPECIAL USE PERMIT DISCUSSION. EACH OF US WILL HAVE A VOTE ON HOW WE WANT TO GO ONE WAY OR THE OTHER ON IT BASED UPON CODE, BASED UPON POLICY AND ALL THE OTHER EVIDENCE BEING PRESENTED HERE. UH, BUT THE POLICY WAS SO THAT DIFFERENT APPLICANTS CAN KNOW WHAT TO EXPECT WHEN THEY COME TO THE BOARD AND NO ONE IS SURPRISED WHEN THEY GET HERE. RIGHT. I DIDN'T SEE WHICH I ASSUME THAT THAT'S, IF YOU'VE ASKED ALL YOUR QUESTIONS, I HAVE SOME FOR JEANNIE. WELL, I HAVE ONE MORE. I DID HAVE, ACTUALLY, I HAVE AN ACTUAL QUESTION. DID YOU SAY THE [01:35:01] LETTERS OF SUPPORT CAME FROM ADJACENT PROPERTIES? YES. ADJACENT PROPERTIES. YEAH. I'LL, OKAY. I THINK IT WAS TWO, ONE ON EACH SIDE. YES, IT CAME FROM THESE TWO PROPERTIES. OKAY. ALL RIGHT. ADJACENT. OKAY. THANK THAT. THAT WAS MY QUESTION. THANKS. SO THE PLANNING COMMISSION, AND THAT WAS THE MOST CONFUSING PLANNING COMMISSION SESSION I'VE EVER WATCHED . UM, AND I, AND I, AND I DON'T HAVE MUCH RESPECT FOR WHAT THE PLANNING A MEMBER SAID DURING THAT MEETING BECAUSE HE THREW THE COUNTY UNDER THE BUS. UM, BUT MR. GOUL HAD STATED THAT THE IDEAL OUTCOME WAS APPROVAL OF A WHOLE HOUSE RENTAL, BUT HE WANTED APPROVAL OF WHATEVER THE COMMISSION WOULD ACCEPT. ARE WE SATISFIED THAT THIS ISN'T JUST A WHOLE HOUSE RENTAL BEING DRESSED UP IN LAMB'S CLOTHING. WE HAVE A ZONING AND CODE ENFORCEMENT TEAM THAT INSPECTS, UM, ANY, UH, SPECIAL USE PERMIT. SO I HAVE FAITH IN OUR ZONING AND CODE ENFORCEMENT TEAM. OKAY. AND SO THERE WAS A REQUEST TO CHANGE THE ORIGINAL RECOMMENDATION, AND THAT WAS THEN DROPPED DURING THAT PLANNING COMMISSION AND WE'RE BACK TO, IT STARTED AS A WHOLE HOUSE PROPOSAL. IT CHANGED TO A, UM, WHERE HE WOULD LIVE IN THE HOME. AND THEN AT THE MEETING HE ASKED TO HAVE IT A WHOLE HOUSE RENTAL AGAIN. SO WHAT'S GONNA BE THEN, MR. GOUL SAID VERY CLEARLY IN THAT MEETING THAT HE DID NOT WANT TO LIVE IN THE SAME HOUSE, WAS STRANGERS WHEN THERE WERE RENTING IT. YES. AND THE REASON THAT HE DECIDED TO PROPOSE LIVING IN THE HOME IS BECAUSE WE TOLD HIM THAT, UH, IF HE DOESN'T LIVE IN THE HOME OR WITHIN 3000 FEET, IT VIOLATES THE BOARD POLICY. AND WE'VE BEEN DIRECTED TO RECOMMEND DENIAL FOR, UM, ANY APPLICATION THAT DOESN'T MEET THE BOARD POLICY, BOARD POLICY TRANSPARENCY IN ACTION. CORRECT. RIGHT. . SO WE'RE SATISFIED THAT THE PROPOSAL IN FRONT OF US TODAY MEETS THE BOARD POLICY AND HE IS GOING TO LIVE TO IT. YEAH. WELL, WE ARE CONFIDENT THAT IT MEETS THE BOARD POLICY, THE CODE AND YOU KNOW, WE, I DON'T KNOW MR. GOUL PERSONALLY, BUT I DO HAVE FAITH IN OUR ZONING AND CODE ENFORCEMENT TEAM. I WILL ASK MR. GOUL PERSONALLY WHEN WE GET THAT OPPORTUNITY. ANY OTHER QUESTIONS FOR JEANNIE? NO. OKAY. THANK YOU. THANK YOU. UM, I WILL NOW OPEN THE PUBLIC HEARING. I'LL BEGIN BY CALLING ON DR. GOUL TO, UH, MAKE HIS COMMENTS. GOOD EVENING. OKAY. UH, THANK YOU, UH, BOARD OF SUPERVISORS. UM, MY NAME'S PETER GO. I DO LIVE AT 1 0 0 8 HORNSBY ROAD IN YORKTOWN. I PRACTICED AND LIVED IN THE COUNTY FOR ALMOST 40 YEARS. UM, ANTICIPATING THE FIXED INCOME IN RETIREMENT, I PAID OFF MY MORTGAGE IN 2022. I NOTICED SOME CATASTROPHIC HIDDEN WATER DAMAGE OF THE SUBFLOOR AND CABINETS IN MY KITCHEN. COMING FROM A A DEFECTIVE REFRIGERATOR, I CONTRACTED WITH A LOCAL BUILDER TO RENOVATE AND REPAIR. THE DAMAGE CONSTRUCTION IS JUST NOW BEING ALMOST COMPLETE. THE COST IN, IN, UM, THE COST INCURRED NECESSITATED BY TAKING THAT A NEW LOAN, A COST THAT HAD NOT ANTICIPATED OR BUDGETED ON A FIXED RETIREMENT INCOME. SO NOW I'M IN TROUBLE WITH A PROBLEM I DIDN'T ANTICIPATE NOR ASK FOR, BUT IT DID HAPPEN TO HELP FUND THIS EXPENSE. I RELUCTANTLY HAVE ASKED TO ALLOW A SHORT-TERM RENTAL MY HOME. I STILL WANT USE OF MY WORKSHOP AND HOME OF 25 YEARS AND A GARDEN, WHICH I SPENT 25 YEARS WORKING IN, UH, 15 YEARS, WORKING INTO A PRODUCTIVE ORGANIC PLOT. LONG-TERM RENTAL WOULD PROHIBIT THAT ACCESS. SO I APPLIED FOR A TOURIST HOME, AN AIRBNB TYPE OF RENTAL. WHAT FOLLOWS IS A REQUEST THAT WAS APPROVED BY THE PLANNING COMMISSION FOR A SPECIAL USE PERMIT FOR THE TO TO WHICH, UH, YOU, YOU'VE JUST HEARD. UH, IT'S LOCATED IN THE STATE HIGHWAY ROUTE SEVEN 18. AND THERE WILL BE NO ADDITIONAL TRAFFIC LOAD AND THERE'S ADEQUATE OFF STREET PARKING. THERE ARE NO TAURIST HOMES WITHIN THE HALF MILE THAT WOULD PROHIBIT THIS APPLICATION. AND I HAVE NO OTHER RENTALS. THE PROPERTY WILL BE LISTED ON SITE SUCH AS VRBO AND AIRBNB IN COMPLIANCE WITH THEIR PROTOCOLS. THERE'LL BE A LESS THAN 30 DAY TIME LIMIT FOR THE TIME ALLOWED TO RENT WITH EACH RES RESERVATION. ALL COUNTY AND STATE REGULATIONS, INCLUDING LICENSING, FIRE, AND LIFE AS WELL AS TAXATION WILL BE MET. THERE IS A COMBINATION LOCK FOR ACCESS AND A SMALL FREESTANDING SIGN WAS APPROVED. A RESERVATION AND VETTING OF GUESTS WOULD THEN BE REQUIRED TO ADHERE TO STIPULATIONS. THIS IS WHAT HAS BEEN APPROVED BY THE PLANNING COMMISSION, AND I WOULD ASK THAT YOU WOULD AT LEAST APPROVE THAT WHICH THEY HAVE, UM, HAD ALSO APPROVED. AND YES, I WOULD STAY AT THE HOUSE AS REQUIRED TO COMPLY WITH THE, UH, APPROVAL. NOW, ORIGINALLY, AS YOU HEARD, I HAD ASKED FOR AN APPLICATION TO DESIGNATE A RESPONSIBLE PARTY [01:40:01] TO OVERSEE THE PROPERTY AS AN OPTION THAT HAD BEEN ADVERTISED AND ALLOWED BY THE PLANNING COMMISSION. AND ALTHOUGH THEY ALLOW IT, THE PLANNERS WERE RELUCTANT TO GO DO SO BECAUSE THE BOARD OF SUPERVISORS STANCE THAT IT WAS NOT ADMITTED PERMITTED. ADDITIONALLY, THE APPLICATION WAS MODIFIED AND STATED AND APPROVED, UH, PER FOR THE ABOVE SCENARIO. AND I APPRECIATE THE WORK OF THE PLANNING COMMISSION AND JEANIE IN DOING THAT. IT'S NOT MY WISH TO SPEND THE NEXT SEVERAL YEARS LIVING WITH STRANGERS THAT HAS LITTLE APPEAL. I DOUBT THAT ANY OF YOU WOULD WANT TO DO THAT EITHER. SO WHY ARE YOU ASKING THAT OF ME? ALSO, RENTING ONLY A PORTION OF THE HOUSE WOULD EXTEND THE TIMEFRAME THAT I WOULD BE FORCED TO, TO BE A TAURUS HOME WHILE SIMULTANEOUSLY RETURNING, REDUCING THE PERAL PERIOD CASH FLOW, THUS NECESSITATING A HIGHER PERCENT OF RENTAL TIME, UH, AS OPPOSED TO TIME I COULD SPEND ENJOYING MY HOME WITHOUT OTHERS OCCUPYING IT. THIS IS NOT A MONEY MAKING SIDE BUSINESS SCHEME. I'M IN TRYING TO KEEP MY HOUSE IN MY SENIOR YEARS. I WOULD LIKE TO DESIGNATE A RESPONSIBLE PARTY IS PROPERTY SUPERVISOR IS ADVERTISED BY THE COUNTY. MY NEXT DOOR NEIGHBOR IS A PARTIALLY DISABLED STAY AT HOME DAD. A SKILLED TRADES PERSON AND HAS AGREED TO MONITOR THE PROPERTY. UH, RESPONSE TIME WOULD BE BETTER. HE HAS A GREAT SKILL SET. BETTER FLEXIBILITY, AVAILABILITY, AND A SHORTER RESPONSE TIME THAN I COULD PROVIDE WHILE I'M SEEING PATIENTS AT MY PRACTICE OR AT THE HOSPITAL. THIS WOULD PROVIDE A BETTER EXPERIENCE FOR THE RENTERS, BETTER SUPPORT FOR ME IN MEETING THEIR NEEDS, AND ALSO PROVIDE SOME WELCOME CASH FOR MY NEIGHBOR. UH, THE RESPONSE, YOU KNOW, THE CONCERN IS SOMEBODY COMES, KNOCKS TO THE DOOR AND THE OWNER'S NOT THERE. WELL, I WOULD HAVE THE RESPONSIBLE PARTY THERE, AND YOU LIVE OR DIE BY YOUR REVIEWS ON SITES SUCH AS AIRBNB. SO IT CERTAINLY BEHOOVES ME TO MAKE SURE THAT THERE IS RESPONSIVENESS AND THIS DESIGNATED PERSON WOULD HAVE A FAR BETTER ABILITY TO RESPOND THAN MM-HMM . IT WOULD ALLOW ALL THREE BEDROOMS TO BE AVAILABLE FOR SHORT TERM RENTAL FOR A TOTAL OF SIX PEOPLE. AND HAVING FULL USE OF THE HOUSE WOULD INCREASE THE MARKETABILITY OF THE PROPERTY AND PROVIDE ADDITIONAL TOURIST DOLLARS FOR THE ECONOMY WHILE ALLOWING ME ADDITIONAL TIME FOR PERSONAL USE OF MY HOME. SO INSTEAD OF MAKING HALF A LOAF FOR THE ENTIRE MONTH, I COULD RENT IT FOR TWO WEEKS A MONTH AND ENJOY IT FOR TWO WEEKS MYSELF. I KNOW LAST YEAR THERE WAS A REQUEST FOR A HOUSE ON PENMAN ROAD FOR A DESIGNATED PERSON THAT WAS DENIED THE HOMEOWNER IN THAT CASE LIVED OUTTA STATE. UM, I WOULD, I HAVE BEEN AND WOULD CONTINUE TO STAY WITH MY SIGNIFICANT OTHER NEARBY AT THE HOUSE. JUST AT THE OTHER END OF WOLF TRAP ROAD. THIS BOARD HAS THE POSITION OF NOT ALLOWING A DESIGNATED PERSON, WHICH, BUT WOULD BE ALLOWED WITHIN 3000 FEET. NOW, I, I DON'T UNDERSTAND WHY 3000 FEET WOULD BE ALLOWED, BUT 3000 METERS WOULD BE DENIED. THAT 3000 FOOT FIGURE, THERE MUST HAVE SOME LOGICAL SUPPORT FOR IT. OR IT COULD BE ARGUED AS BEING ARBITRARY AND CAPRICIOUS, ALLOWING A WAIVER FROM YOUR STANCE WOULD NOT OPEN FLOAT GATES OF APPLICANTS. BELIEVE ME, I'M AWARE OF THE MANY CHECKS AND BALANCES AND DETERRENCE INVOLVED IN THIS APPLICATION PROCESS. UM, THE BOARD WOULD NOT LOSE THE ABILITY TO CONTROL FUTURE APPLICANTS. THERE ARE PLENTY OF GUARDRAILS. THERE'S AN EXCEPTIONAL SITUATION. AND THIS IS DISTINCTIVE ENOUGH SET OF CIRCUMSTANCES THAT THE FEAR OF SETTING A PRECEDENT IS NOT WELL FOUNDED. I DON'T WANNA LOSE MY HOME IN THE COUNTY DURING MY SENIOR YEARS AND APPRECIATE YOUR SUPPORT OF THE ORIGINAL APPLICATION. AND HOPEFULLY WE WOULD ALSO MODIFY TO ALLOW FULL HOUSE RENTAL. THE POLICY THE BOARD HAS, I ASK THAT YOU STEP BACK AND LOOK AT IT AND SAY, OKAY, THERE'S SOME AMBIGUITY, PARTICULARLY THE WAY IT WAS PRESENTED, BUT DOES THE, I DON'T HAVE THE BACKGROUND AND I RESPECT YOU PEOPLE, YOU'RE MY FRIENDS, BUT IS IT ONEROUS TO A PROPERTY OWNER TO HAVE THAT AMOUNT OF RESTRICTION AND THAT MUCH IMPACT ON THEIR QUALITY OF LIFE IN ORDER TO PREVENT SOME UNFORESEEN ISSUE? UM, AND THERE PROBABLY HAVE BEEN ISSUES IN THE PAST, AND WHEN, ANYTIME ANYTHING HAPPENS, YES, THINGS CAN HAPPEN. BUT I WOULD ASK YOU TO STEP BACK AND REALLY LOOK AT THE BOARD POLICY AND SAY, IS IT JUSTIFIED OR IS IT UNDULY RESTRICTIVE AND PUNITIVE TO SMALL OWNERS? UH, I'M NOT LOOKING TO SET UP A SLUMLORD POSITION. SO THIS AGENDA ITEM HAD BEEN MOVED ORIGINALLY FROM HERE, FROM MAY UNTIL TODAY. I HAD HOPE TO MAKE THIS HOUSE AVAILABLE FOR ACTIVITIES FOR THE 4TH OF JULY. I HAVE A SENSE THAT THINGS MAY BE HAPPENING HERE SO THAT OTHERS COULD ENJOY THE HISTORY AND THE BEAUTY OF YOUR COUNTY. SO TIME IS OF THE ESSENCE. [01:45:01] I ASK YOU FOR YOUR SUPPORT IN THIS APPLICATION AS PRESENTED. AND ALSO FOR ALLOWING AN EXEMPTION TO YOUR STANCE FOR DESIGNATED PURPOSES. PERSONS. IT PROVIDES A BETTER OVERALL SOLUTION WITH WINS FOR ME, MY RENTERS, MY NEIGHBORS, AND THE COUNTY WITHOUT A DOWNSIDE. I HOPE THAT COMPASSION, COURAGE, WISDOM, AND FLEXIBILITY PREVAIL WHEN A BETTER SOLUTION HAS BEEN PRESENTED TO YOU. AND I THANK YOU FOR YOUR CONSIDERATION. SUPPORT. THANK YOU, SIR. IF I UNDERSTAND YOU CORRECTLY, YOU'RE NOW MODIFYING YOUR PROPOSAL AGAIN TO A WHOLE HOUSE RENTAL THAT HAD BEEN THE ORIGINAL. I STAND BY THE, THE, THE PLANNING COMMISSION AS DONE BECAUSE OF THE POLICY. BUT I'M ALSO ASKING YOU TO LOOK AT THE POLICY AND SAY, IS IT BEING A FAIR POLICY ACROSS TO TAKE SUCH A BROAD BRUSH AND APPLY IT BECAUSE OF THE, UM, ANCILLARY DAMAGE THAT IT CAUSES TO QUALITY OF LIFE FOR THE PEOPLE IT APPLIES TO. SO IF YOU WOULD RECONSIDER YOUR POLICY MM-HMM . AND RESCIND IT OR MAKE AN EXCEPTION TO IT, THAT WOULD BE MOST WELCOME. BUT AS I SAID, TIME IS OF THE ESSENCE. IF I HAVE TO LIVE THERE AND SPEND THE NEXT FEW YEARS LIVING WITH STRANGERS, I'LL DO IT. ASSUMING I'M NOT TETHERED TO A CHAIR 24 7, WHICH IS THE AMBIGUITY OF SETTING UP THESE THINGS, YOU CAN ALWAYS TWIST IT. OTHERWISE TO ME, TO ME, THE WHOLE ISSUE. I I WELL, I'M NOT GONNA ASK ANY, WELL, I COULD ASK QUESTIONS, QUESTIONS FOR I COULD ASK QUESTIONS. THE APPLICANT, UM, YOU, WELL YOU'VE ALREADY TALKED ABOUT A PERSON THAT'S AVAILABLE TO YES. OVERSEE THE HOUSE WHILE YOU'RE GONE SOMEWHERE. UH, THE, UM, OKAY. I REALLY DON'T HAVE ANY QUESTIONS FOR YOU. I GOTTA TALK TO THE BOARD MEMBERS QUESTIONS. I DON'T HAVE ANY QUESTIONS FOR YOU, JOHN. THANK YOU. THANK YOU. SO YOU'RE SAYING THAT YOU'RE NOT GONNA BE LIVING AT THE HOUSE WHEN TOURISTS ARE IN THE HOME. IS THAT WHERE YOU'RE, IF I HAVE A DESIGNATED PERSON, THE WAY IT'S PRESENTED TO YOU INITIALLY IS YES, I WOULD BE LIVING AT THE HOUSE IF I ONLY HAVE RENTED PART OF THE HOUSE. OKAY, BUT WHAT IF YOU'RE NOT ALLOWED TO HAVE A DESIGNATED PERSON? ARE YOU GONNA BE THEN I'M GONNA BE IN THE HOUSE. OKAY. IF I'M ALLOWED A DESIGNATED PERSON, THEN I WILL HAVE ADDITIONAL CASH FLOW AND MAY, I MAY BE ABLE TO MEET MY MONTHLY NUT IN TWO WEEKS INSTEAD OF HAVING TO A HALF A LOAF FOR THE ENTIRE MONTH AND LIVING THERE. SO IT'S JUST A BIG DIFFERENCE IN QUALITY AND, UH, UTILIZATION OF THE TIME. ARE YOU SAYING TWO DIFFERENT THINGS? YOU'RE SAYING TWO DIFFERENT THINGS. YOU, ARE YOU GOING TO HAVE A WHOLE HOUSE RENTAL OR NOT? IF THE BOARD WOULD ALLOW THAT, BUT YOU CAN HAVE A, THAT WOULD BE A, THAT WOULD REQUIRE AN EXCEPTION TO YOUR POLICY. OKAY. THE QUESTION IS WAIT FOR HIM. I'LL ASK IT LATER. ANY QUESTIONS FOR THE APPLICANT? OKAY. THANK YOU. OKAY. THANK YOU. ARE THERE ANY CITIZENS WHO WISH TO SPEAK ON THIS MATTER? HE NEVER BE PRESENT THE WHOLE TIMES. HE'S GOTTA BE NOW SEEING, UH, NO CITIZENS WHO WISH TO SPEAK. I WILL NOW CLOSE THE PUBLIC HEARING. NOW I WILL ENTERTAIN BOARD DISCUSSION . OKAY. YOU KNOW, I'M LOOKING AT IT AND ONE OF THE POLICIES, YOU'RE SAYING THAT HE HAS TO BE PRESENT PRESENT, BUT I THINK WE'VE ALREADY ANSWERED, ANSWERED WHAT PRESENT MEANS. MM-HMM . HE CAN GO TO WORK. SO WHAT IS, IF HE CAN GO TO WORK, THEN WOULDN'T IT BE BETTER TO HAVE SOMEONE WHO LIVED NEXT DOOR WHO IS NOT WORKING AND CAN, BUT, BUT THAT'S STILL BE, YOU STILL GOT THE SAME ISSUE. IT'S THE SAME THING. AND THAT IS, THAT IS THE CODE, BUT NOT THE POLICY. NO, IT WHAT WHAT WE'RE SAYING UNDER THE PRESENT THIS WAY THIS IS WRITTEN, THE PRESENCE HAS ALREADY BEEN DEFINED IS BASICALLY YOU COME BACK EVERY DAY ESSENTIALLY AND SLEEP THERE NIGHT. AND THAT'S WHAT HE'S BEEN REQUIRED TO DO. YEAH. OKAY. THAT YOU STILL RESIDE IN THE HALL. YOU STILL NUMBERS IS GONE OR IN A FACILITY WITHIN 3000 FEET. RIGHT. SO THE, THE THE, SO THE ISSUE REALLY TO ME IS NOT THE 3000 FEET. WELL, THAT, THAT WAS SKIN IN THE GAME. THAT WAS THE WHOLE DISCUSSION. BUT IT'S NOT, IT'S NOT THE 3000 FEET IS THE QUESTION OF PRESENCE. AND WE'VE ALREADY TALKED ABOUT THAT. BUT THE, DID WE EVER GIVE ANY THOUGHT TO THE IDEA THAT, AND THIS MAY BE, I DON'T KNOW HOW YOU COULD DO IT FOR THIS APPLICATION. YOU MIGHT BE ABLE TO DO IT, BUT AND SAY LIKE THE, LIKE THE STATE DOES SOMETIMES ABOUT WHETHER YOU'RE A CITIZEN OR NOT. YOU LIVE IN THE STATE FOR, YOU KNOW, HALF THE YEAR PLUS ONE DAY PLUS ONE DAY YOU'RE A CITIZEN AND THAT, THAT MAKES YOU PRESENT. OKAY. UM, WE COULD WE NOT MODIFY OUR PROGRAM TO DO SOMETHING LIKE THAT. UM, BUT THEN REQUIRE THAT MAKES YOU A RESIDENT. THAT DOES NOT MAKE YOU PRESIDENT. I KNOW, I WELL, THAT'S WHAT I'M TALKING, YOU'RE RIGHT. YOU'RE ABSOLUTELY RIGHT. I AGREE [01:50:01] WITH YOU A HUNDRED PERCENT. OKAY. SO LISTEN TO WHAT I'M TALKING ABOUT . OKAY. I'M TALKING ABOUT THIS HOUSE. OKAY. AND THE RENTER OR THE GUY THAT OWNS IT. SO I'M JUST SAYING ON THE POLICY, EITHER WE THINK ABOUT MAYBE DOING THIS IN ANOTHER, ANOTHER DAY OR WE MODIFY THIS SO THAT HE HAS TO LIVE IN THE HOUSE HALF A YEAR PLUS A DAY AND OR HAVE SOMEBODY DESIGNATE IT'S NOT A FAMILY MEMBER. INTERESTING POINT. CLOSE BY WITHIN 3000 FEET. TO ME IT, THE ONLY DIFFERENCE IS THERE'S NO BLOOD RELATIONSHIP THERE. AND THE TERM PRESENT HAS JUST GOTTEN A LITTLE BROADER. THAT'S ALL, ALL, THAT'S ALL I'M SAYING HERE. NOW, THE IDEA OF THE FOUR RENTING THE HOUSE, FULL HOUSE, UM, THAT'S ANOTHER ISSUE. THAT'S JUST A TOTALLY ANOTHER ISSUE BECAUSE IF THEM BECOMES A FULL HOUSE RENTAL, ALRIGHT. AND I DON'T THINK WE AGREED TO THAT. YEAH. I MEAN, WE ARE NOT AGREEING TO A FULL HOUSE RENTAL. SO HE CAN GET TWO HOUSES, HE CAN GET TWO PEOPLE THERE. HE DOESN'T HAVE TO RESIDE IN THE HOUSE, BUT HE COULD BE GONE FOR IF SOMEBODY, I MEAN EVEN EVEN HARBIN OR WHOEVER IT WAS THAT, UH, THAT HOUSE, HE WOULDN'T, THAT WOULDN'T EVEN, THAT WOULDN'T APPLY TO HIM. IT WOULDN'T FIT FOR HIM ANYWAY 'CAUSE HE WASN'T GONNA BE CLOSE BY. SO I'M JUST SAYING ON THIS, THIS CASE, HARBIN HAD A HOME ON THE SAME STREET. YEAH. WELL THAT'S LIKE, BUT HE WAS GONE. YOU NEVER KNOW. HE WAS GONE. BUT THE ISSUE WAS HE WAS GONE LONG PERIODS OF THE DAY AS WAS HIS WIFE AND HE WOULDN'T COMMIT TO BEING PRESENT. WELL WE, WE EVEN NOT BE ON VACATION. OR NOT BE ON VACATION. RIGHT. RIGHT. SO TO RE FOR FOR ME TO RECAP, THE, THE POLICY IN THIS CONVERSATION HAS ALWAYS BEEN ABOUT FINE BALANCE TO ALLOW PROPERTY OWNERS TO ENJOY AND USE THEIR PROPERTY IN WHATEVER WAY THEY WANT AND ALLOW THE NEIGHBORS TO ALSO BE ABLE TO ENJOY AND USE THEIR THEIR PROPERTY. AT THE SAME TIME. THE CONCERN HAS ALWAYS BEEN ABSENTEE PROPERTY OWNERS RENTING PROPERTY, ACTIVE PEOPLE THAT MAY BECOME PROBLEMATIC AND THE NEIGHBORS HAVE NOBODY TO GO TO, OTHER THAN SOME DESIGNATED PERSON WHO MAY GO, YOU KNOW WHAT I'M NOW GET, I DON'T GET PAID ENOUGH TO DEAL, DEAL WITH THIS NOISE. LEAVE, LEAVE ME ALONE. AND THEN, THEN WHERE DOES THAT LEAVE THE NEIGHBORS WHO, WHO LIVE THERE AND JUST CAN'T PACK UP AND MOVE? SO IF YOU HAVE THE OWNER THERE, NOW YOU HAVE THE SKIN IN THE GAME MM-HMM . AND YOU HAVE SOMEBODY TO TALK TO IF, IF ISSUES ARISE. FORTUNATELY, I DON'T THINK WE'VE HAD ISSUES LIKE THAT. THAT'S GOOD. BUT MAYBE PART OF THE REASON IS BECAUSE WE HAVE THIS POLICY IN, IN PLACE. UM, SO IT, YEAH, IT CAN, IT CAN BE DIFFICULT, BUT IT'S THE BEST BALANCE THAT WE COULD COME UP WITH. 'CAUSE TRUTHFULLY, THIS BOARD COULD ALSO DECIDE SIMPLY NO MORE SHORT-TERM RENTALS IN YORK COUNTY. IT'S NOT PART OF THE ORDINANCE. CAN'T DO IT ANYMORE. I DON'T THINK THAT'S A GOOD USE OF PEOPLE'S PROPERTY IF THAT'S HOW THEY WANT TO USE IT. BUT AGAIN, YOU GOTTA PROTECT THE NEIGHBORS AS WELL SO THEY CAN ENJOY THEIR, THEIR PROPERTY. THIS, THIS IS ALL ABOUT BALANCE AND THIS IS THE BEST SCENARIO THAT WE CAN COME UP WITH TO ESTABLISH THAT BALANCE. TO ME, THAT'S THE RECAP. THIS IS WHY THIS ALL CAME ABOUT IN, IN THE FIRST PLACE BECAUSE THE FEEDBACK I GET FROM FOLKS IS GET RID, GET RID OF SHORT TERM RENTALS. WE DON'T, YOU KNOW, STRANGERS LIVING NEXT DOOR, BUT AGAIN, HAD ANY COMPLAINTS. IF SOMEBODY'S PROPERTY, I WANT THEM TO BE ABLE TO USE THEIR PROPERTY. WE, SO I THINK, UH, BACK TO YOUR, YOUR, UH, WHAT YOU WERE TALKING ABOUT TOM, HE IS, HE, HE WOULD BE ALLOWED TO RENT THE WHOLE HOUSE IF HE WAS WITHIN 3000 FEET IF HE LIVED RESIDED WITHIN 3000 FEET. SO WE COULD DO THAT IF HE MET THAT SECOND CRITERIA, WHICH HE DOESN'T. THE SECOND WHICH ONE'S, THE SECOND WHAT LIVING WITHIN 3000 SQUARE FEET, THREE, 3000 FEET HAVE ANOTHER HOUSE. HE'D EITHER BE IN THE HOUSE OR LIVE WITHIN 3000 FEET OR HAVE A RELATIVE WITHIN 3000 FEET. RIGHT. AND, AND LET'S RE LET'S RECAP THAT REAL QUICK TOO TO HELP WITH THAT CONVERSATION. THAT CAME ABOUT WHEN WE HAD A SCENARIO WHERE A GENTLEMAN LIVED IN THE HOUSE, GOT MARRIED, NEEDED A BIGGER HOUSE, BOOED DIRECTLY NEXT DOOR WITH HIS MOTHER LIVING ON THE OTHER SIDE OF THE HOUSE THAT HE JUST BOOED OUT OF. THEY WANTED TO KEEP THAT PROPERTY IN THE FAMILY SO THEY COULD USE THEIR FAMILY REUNION SO FORTH, BUT ALSO TO MONETIZE IT. SO WE SAID, YOU'RE LIVING RIGHT NEXT DOOR. RIGHT. THAT'S AS AS GOOD AS LIVING IN THE HOUSE AND YOUR MOTHER'S NEXT DOOR. SO THAT'S WHY THAT THAT BUFFER ALSO EXISTED. UM, THAT'S NOT THE CASE HERE. SO THE REQUIREMENT WOULD HAVE TO BE RESIDED BEING PRESENT WHILE THE PROPERTY BEING RENTED. SO JUST TO RECAP WHERE THAT CAME FROM. RIGHT. SO [01:55:02] IN LIGHT OF WHAT JEANNIE SAID TONIGHT, UM, THAT I REALLY HADN'T THOUGHT THROUGH A RESPONSIBLE PARTY NEXT DOOR. HE'S GOT SOMEONE THAT SEEMS RELIABLE. THAT'S NOT PART OF OUR POLICY. I UNDERSTAND THAT. OKAY. WHAT JEANNIE SAID WAS, OUR ZONING PEOPLE, CODES AND COMPLIANCE INSPECT THESE PROPERTIES. MM-HMM . IF THERE'S GONNA BE ISSUES, WE'RE GONNA FIND OUT ABOUT IT AND WE CAN SHUT THIS THING DOWN LIKE TOMORROW. MM-HMM . IF THERE'S PROBLEMS. I'M STILL NOT, I'M STILL ON THE FENCE ABOUT HAVING A DESIGNATED PERSON. I'LL BE HONEST, IF IT'S A FAMILY MEMBER, YES. BUT THE FAMILY MEMBER COULD BE A BOZO. RIGHT. WE DON'T KNOW THAT. BUT IT SEEMS TO ME LIKE THE ONE HE HAS IS A DISABLED PERSON THAT'S AT HOME WATCHING THE KIDS DURING THE DAY. I WOULD SUSPECT HE'S PROBABLY A RESPONSIBLE GUY. THAT'S WHERE I'M AT. I WOULD PROBABLY, I WOULD PROBABLY BE A YES IF WE CONSIDERED THAT RESPONSIBLE PARTY TO BE NEXT DOOR. SO WITH A QUESTION TO THAT THOUGH AND ALL THAT, WHERE IS HE LIVING AT THIS POINT? WHERE IS HE LIVING? IF HE'S GOT A HOUSE RENTAL WHERE DR. DR. GOUL AND WHERE DR. GOUL. YES. WHERE'S HE LIVE? HE LIVES ON THE OTHER SIDE OF WOLF TRAP RIGHT DOWN THE ROAD. WHAT IS A MILE HALF? I, HIM HE HAD THIS HOUSE. HE DOES, BUT HE'S GONNA RENT THE HOUSE. OKAY. BUT WHERE'S HE LIVING WHEN IT'S BEING RENTED? IF IT'S A FULL HOUSE RENTAL, WHICH IS SIGNIFICANT OTHER, THAT'S A COUPLE MILES. THERE'S ANOTHER HOUSE IN, IT'S A COUPLE MILES DOWN THE ROAD. SO IT'S OUTSIDE OF THE 3000 FEET THAT WE DE DESIGNATED. IT'S JUST A COUPLE MILES. IT'S FURTHER OUT THAN THE 3000 FEET. BUT THE ADJACENT PROPERTY OWNERS, THAT DOESN'T ALLOW EASY ACCESS TO THE, TO THE PROPERTY OWNER WHO'S RENTING IT WHEN YOU'RE A COUPLE MILES DOWN THE ROAD? WELL, I DON'T KNOW ABOUT THAT, BUT I'M NOT SURE WHERE THE 3000 CAME. I, I MAYBE THE PLANNING TEAM. WELL IT WAS A COMPROMISE IS ALL IT WAS. YEAH. WAS IT WAS JUST THE NUMBERS KENTUCKY ON THE WALL. KENTUCKY, I MEAN, I THINK THAT WHAT WE HAD ONE UP IN WILLIAMSBURG AND I THINK IT WAS JUST STICK IT ON THE WALL. I THINK THE, THE GUY LIVED IN NEW NEWPORT NEWS AND WE REJECTED THAT ONE BECAUSE HE LIVED ALL THE WAY IN NEW NEWPORT NEWS. RIGHT, RIGHT. 'CAUSE HE, HE WASN'T ACCESSIBLE TO THE NEIGHBORS IF, IF THERE EXACTLY, IF THERE WAS A PROBLEM. BUT HE'S, HE'S STAYING 2, 2, 2 AND A HALF MILES DOWN THE ROAD. I DUNNO. I AGREE. SO IT'S TWO AND A HALF MILES DOWN THE ROAD TOO FAR. I, I DON'T KNOW. THAT'S WHY. WHERE DID THE 3000 FEET COME FROM? I DON'T KNOW. , I DON'T REMEMBER. MAYBE EARL CAN COME UP WITH IT. IT WAS THE DEFINITION. DEFINITION OF WHAT WE WERE CALLING A LOT, LOT. YOU HAVE TO HAVE THAT LOT OF SIGHT. IT, IT CAME FROM MR. R'S CASE THAT HE TALKED ABOUT. THE GUY THAT LIVED NEXT DOOR. WE MEASURED AND IT WAS 3000 STEPS TOO. . OH MY GOSH. OKAY. IT WAS KENTUCKY WINDAGE. THAT'S ALL IT WAS. THAT'S RIDICULOUS. OKAY. THAT'S, I DON'T THINK THAT'S RIDICULOUS. I THINK THAT WAS A GOOD USE CASE. WELL, IT APPLIED FOR THAT ONE, I THINK HERE. TWO AND A HALF MILES. NOT THAT FAR DOWN THE ROAD. I DON'T EITHER. PERSONALLY, THAT'S, I MEAN, TWO AND A HALF MILES, I'M THINK FROM MY HOUSE TO 1 3, 4. RIGHT? THAT'S RIGHT. DOWN THE ROAD. OH YEAH. FOR MY HOUSE. I DON'T THINK IT'S ANY HARDER. IT HAS TO BE, BUT I MEAN, WE, WE, YOU KNOW, TO ME, 3000 FEET, THAT WAS GOOD AT THE TIME, BUT I, THIS WE CAN MAKE A CHANGE IT TO TWO AND A HALF MILES. I'M FINE. WELL, THAT, THAT'S A WHOLE CLOSE BY. THAT'S A WHOLE CHANGE TO WHAT'S PRE PROPOSED HERE. SO EITHER IT GETS TOSSED OUT AND GETS RE-PROPOSED OR WE, OR WE TAKING CONSIDERATION. WHAT'S, WHAT'S IN FRONT OF US RIGHT NOW. WE HAVE TO VOTE ON WHAT'S, WHAT'S BEEN. WE CAN CHANGE IT TO AN R STEVE. WE CAN DO THE THREE. IS THE 3000 FEET OF POLICY OR IS IT A CODE? IT'S POLICY POLICY. CODE POLICY. THE THREE, IS THE FEE OF POLICY? A POLICY? IS IT POLICY? A CODE? IT'S POLICY. THE CODE. HEY, IS THERE ANYTHING IN THE CODE? AS, AS JEANNIE STATED, THE ZONING ORDINANCE SAYS YOU CAN HAVE A DESIGNATED PARTY. RIGHT. PERIOD. RIGHT. AND THERE'S NO DISTANCE OR ANYTHING LIKE THAT. OKAY, SO THERE'S ZERO DISTANCE. YOU COULD BE 50 MILES. NO, WELL, NO, I, ACCORDING IT'S ACCORDING TO THE CODE IS OH, IT JUST SAYS A DESIGNATED PARTY. THE CODE SAYS, SORRY. YES. CODE SHALL BE AVAILABLE PROMPTLY. RIGHT. SO THE, THE CODE SAYS SHALL BE AVAILABLE TO PROMPTLY RESPOND TO RESOLVE PROBLEMS. SO THAT IS WHERE THE 3000, THE BOARD CAN MAKE A DETERMINATION AS TO WHERE THEY BELIEVE THE APPROPRIATE LINE IS. OKAY. TWO AND A HALF MILES DOWN. WOLF TRAP ROAD IS NOT THAT FAR. IT'S NOT PROMPTED. OH, I DON'T AGREE WITH THAT. I CAN DRIVE TWO AND A HALF MILES IN FIVE MINUTES. SO HERE, SO HERE'S THE SCENARIO. THOSE RENTERS, THEY CARRY ON LOUD MUSIC LATE AT NIGHT. RIGHT? RIGHT. SO IT'S 11 O'CLOCK AT NIGHT. YEP. NOW YOU GO DRIVE TWO AND A HALF MILES TO FIND THIS HOUSE. KNOCK ON THE DOOR. WHAT [02:00:01] YOU MEAN FIND THE HOUSE? HE OWNS IT. NO, NO, NO. WHERE, WHERE HE'S STAYING IN YOUR SCENARIO. YEAH. WHERE, YOU KNOW, IF YOU LOAD THAT TWO AND A HALF MILES AWAY, DRIVE DOWN THERE 11 O'CLOCK AT NIGHT, KNOCK, FIND A HOUSE, KNOCK ON THE DOOR. HEY, YOUR RENTERS ARE KEEPING MY KIDS UP. THEY GOTTA GO TO SCHOOL NEXT MORNING. NOW THEY GOTTA GET TOGETHER, DRIVE TWO AND A HALF MILES BACK AND, AND ADDRESS IT. THAT'S NOT PROMPT. WHY DON'T YOU CALL 'EM, I DON'T, I DON'T, I DON'T UNDERSTAND THEIR LOGIC. HOW, WHO YOU'RE ASSUMING THEY, THEY GOT THE, GOT HIS NUMBER. I MEAN, HE'S GONNA HAND HIS NUMBER RIGHT TO ALL THE NEIGHBORS AND EVERYTHING. I MEAN, CALL THE POLICE. THAT'S WHAT YOU WOULD NORMALLY DO FOR A NOISE COMPLAINT. 9 1 1. WE GOT SOME SHERIFF'S DEPUTIES OF RENO OVER THERE. YOU CALLED? WHAT? WHAT'S THE RESPONSE TIME ON THAT AS COMPARED TO GOING, GOING TO, TO, TO YOUR, TO YOUR OWNER WHO'S LIVING IN THAT HOUSE GOING, HEY, YOU'RE, I'M, I'M OKAY WITH THE DESIGNATED RESPONSIBLE PERSON. WELL, YOU KNOW, AND A, IN THIS IN PARTICULAR SITUATION, WELL SEE WHAT'S, I DON'T THINK YOU CAN, I DON'T THINK YOU CAN MAKE IT THIS PARTICULAR, BECAUSE THEY GO KNOCK ON THE DOOR AND SAY SHUT THE MUSIC DOWN. BUT, BUT IF YOU, IF YOU ALLOW IT FOR THAT, THEN YOU GONNA HAVE TO ALLOW IT FOR ALL DESIGNATED GOING FORWARD. AND, AND ONE PROBLEM, AND ONE PROBLEM THAT WE HAD WITH THAT WAS, IF I REMEMBER CORRECTLY, THERE WAS ONE CASE WHERE IT WAS AN ELDERLY PERSON THAT THEY WERE GOING TO HAVE AS THE DESIGNATED PERSON. RIGHT. NOW, HOW IS THAT PERSON GONNA HANDLE A, A BUNCH OF, AND THAT'S OUR DECISION TO MAKE. WELL IT, BUT WE GOTTA BE CONSISTENT. AND SO FAR WE'VE BEEN VERY CONSISTENT IN VOTING THIS UP OR DOWN BASED UPON BEING IN PLACE WHILE IT'S BEING RENTED. SO WHAT YOU'RE SUGGESTING IS TO CHANGE THAT CONSISTENCY. AND I, I GOT A BIG PROBLEM WITH THAT BECAUSE I, I GOT TO MY, MY CONSTITUENTS THAT I TALK WITH WITH ABOUT THIS. I HAVE TO HAVE FAITH THAT I CAN BE CONSISTENT IN THESE DECISIONS. AND IF I FLIP IT HERE FOR ONE REASON, I DON'T, I DON'T HAVE A GOOD REASON TO GO DO THAT. AND I'M SAYING, WELL, TWO AND A HALF MILES IS OKAY NOW THEN THERE COULD BE THREE MILES NEXT DAY. FIVE MILES NEXT TIME. I, I GOTTA, I GOTTA STAY CONSISTENT TO WAY WE VOTED ON THIS. YOU KNOW, WE TALKED ABOUT CONSISTENCY AND I AGREE WITH YOU ON SO MANY THINGS, BUT WE'VE DONE AWAY WITH A LOT OF US SUVS SO THAT WE DIDN'T HAVE TO MAKE DECISIONS. AND WE'RE UP HERE TO MAKE DECISIONS. AND THEY'RE NOT ALWAYS GONNA BE THE SAME DECISIONS BECAUSE WE'LL TAKE EACH INDIVIDUAL CASE AS IT IS AND DO THE BEST WE CAN TO MAKE A DECISION CONCERNING THAT PARTICULAR CASE. SO JUST TO HAVE A BLANKET THING TO PROTECT YOU AND YOUR CITIZENS. SO YOU CAN ALWAYS CHECK IT OFF AND SAY, WELL, IT DOESN'T SIT BY POLICY. IT TAKE IT OFF. YOU'RE NOT THINKING ABOUT THE PEOPLE WOULDN'T BE POLICY. IT WOULD BE CODE IF WE DIDN'T HAVE NO, HAVE A CODE. WE HAVE A CODE. IF WE DIDN'T HAVE A GENERAL ASSEMBLY ISSUE, WE HAVE A CODE, WE WOULD'VE HAD A CODE. WELL, THERE'S ONLY ONE REASON. IT'S A POLICY. BUT, BUT UNFORTUNATELY WE HAVE THE GENERAL, THEREFORE WE FOLLOW THE POLICY. WELL THEREFORE WE FOLLOW IT. LETTER AND THE LETTER. NOT NECESSARILY A POLICY'S A GUIDELINE. IT'S NOT LAW. IT'S CODE. IT'S NOT LAW. AND IT'S NOT CODE EITHER. AND AGAIN, IT GOES BACK. POLICY IS NOT CODE. THIS IS A SPECIAL USE PERMIT. EACH OF US WILL MAKE A DECISION HOW WE WANT TO ADDRESS IT, FOLLOW POLICY, CODE, INPUT, WHATEVER. BUT, BUT AGAIN, I, I NEED TO BE CONSISTENT. I I I CAN'T, I CAN'T CHANGE. WELL, ISN'T MID FLIGHT CONSISTENCY OF CONSISTENCY ? SAY AGAIN? I'M SORRY. I'M, I'M STARTING TO LOSE IT HERE. UM, OKAY, WHERE ARE WE? SO AS THE DISTRICT, I'LL GO ALONG, I GO ALONG WITH THE TWO AND A HALF MILES. I CAN LIVE WITH THAT OR, OR A RESPONSIBLE PARTY NEXT DOOR. RESPONSIBLE PARTY NEXT DOOR. YES. EITHER ONE OF THOSE. SO WILL I, UM, IF WE'RE GONNA CHANGE TO THAT, MY VOTE'S GONNA BE NO. 'CAUSE THAT, THAT'S INCONSISTENT WITH WHAT IT, WHAT I'VE DONE IN THE PAST AND WHAT I'VE, WHAT I'VE TOLD MY COMMUNITY OF HOW I WAS GONNA ADDRESS THIS. SO, I MEAN, BUT IT'S CHOICE. YOU DON'T WANNA CHANGE IT, IT'S FINE. BUT I, I CAN'T, I CAN, I CAN SUPPORT IT IN THE WAY IT'S PRESENTED RIGHT NOW. I CAN'T SUPPORT IT WITH THAT CHANGE. BUT AGAIN, WE ALL HAVE OUR VOTES. I WE CAN UNDERSTAND THAT. OKAY, MR. CHAIRMAN, WELL I NEED A MOTION AND IT'S EITHER MOVE IT TO APPROVE THE CURRENT RESOLUTION OR MOVE OVER. WHAT'S THE NUMBER? 'CAUSE I CAN'T FIND IT ON MY SCREEN HERE. ALRIGHT. IT'S 26 DASH 1 0 7. WELL, I, YOU KNOW, I THINK HERE'S WHAT I RECOMMEND. IT'S IS DISTRICT, IT'S GONNA BE TO MAKE THE MOTION R YEAH. AND I THINK IF, I THINK WE HAVE TOO MUCH AMBIGUITY IN THIS AND WE NEED TO GET TOGETHER AFTER THIS AND COME UP WITH WHAT WE'RE GONNA MAKE A STANDARD. WE DO. 'CAUSE WHERE'S THE 3000 FEET COME FROM? WE, WE GOTTA FIGURE THAT OUT. WE JUST, WE JUST TALKED ABOUT, ANSWERED THAT. UNDERSTAND. THEY, THEY JUST TOOK A NUMBER BECAUSE OF ONE PERSON. WE, WE, WE, WE USE, WE USED AN STATUS 26 DASH USE CASE THAT WORKED OUT AND SAID IT HAS 26 DASH, IT WASN'T RANDOM OR ARBITRARY. WERE YOU SOMETHING THAT WE ALREADY PASSED ONE SEVEN R. YEAH. IT'S GONNA BE AN R, RIGHT? MM-HMM . YES. WHAT'S THE NUMBER? 26 DASH 1 0 7 RR WITH THE CHANGE. SO IF YOU PULL YOUR, IF YOU HAVE A COPY OF YOUR RESOLUTION, WHAT I WOULD SUGGEST, IF [02:05:01] THIS IS THE MOTION YOU WANT TO MAKE, MR. DRURY IS THAT NUMBER TWO, BE REVISED TO SOMETHING THAT INCLUDES THE DESIGNATED PARTY AND, UM, TWO AND A HALF MILES. WELL, I DON'T KNOW ABOUT TWO AND A HALF MILES. IF WE HAVE A DESIGNATED PARTY, WE DON'T NEED THE TWO AND A HALF MILES. THIS IS, WE DON'T NEED THE 3000 FEET IF THERE'S A DESIGNATED PARTY NEXT DOOR. CORRECT. SO WE WOULDN'T NEED THAT. I MEAN, YOU COULD, YOU CAN, YOU CAN PUT THAT IN THERE HOWEVER YOU WANT TO. UM, BUT THAT WOULD BE THE REC THE RECOMMENDATION I WOULD MAKE IS THAT TWO NEEDS TO CHANGE MM-HMM . AND THEN YOU'D NEED TO ASSESS NUMBER THREE. WAIT, SECOND, WHICH WAS THE MAXIMUM NUMBER? WAIT, SECOND GUESS. WAIT SECOND. YOU, YOU'RE LEAVING. IT'S SOMETHING SIGNIFICANT HERE IS THAT HE'S GOTTA RESIDE CLOSE BY. ALRIGHT. OR HAVE A DESIGNATED PERSON. WELL, I GOTTA HAVE SOMEBODY, HE'S GOTTA RESIDE CLOSE BY. I, WE, WE GO BACK TO THE, THE HARBIN EXAMPLE. ALRIGHT. WHEN HE WASN'T GONNA BE, HE CAN, HE CAN HAVE THE HOUSE, BUT HE WASN'T GONNA BE AROUND. RIGHT. OKAY. RIGHT. AND, AND I DON'T REMEMBER IF HE, EVEN IF THE ISSUE OF A DESIGNATED PERSON WAS EVEN PART OF THAT APPLICATION. SO MY POINT IN HERE IS THAT, THAT, ARE WE PROVING A FULL HOUSE RENTAL OR NOT? YES. OKAY. YES. THE ANSWER WOULD BE YES. OKAY. SO THAT'S A MODIFICATION. AND THEN THE PART ABOUT THE PRESENCE, DESIGNATED PRESENCE IS THAT YOU'RE GOING TO LIVE WITH, I MEAN, YOU'RE GOING TO LIVE WITH PRESENT BEING WHAT THE LAWYER SAID. OKAY, THREE MILES THAT YOU'RE GONNA BE, YOU'RE GONNA BE PRESENT, BUT YOU'RE GONNA BE WITHIN CERTAIN DISTANCE. RIGHT. OTHERWISE YOU, OTHERWISE, NOW WE'RE CHANGING, REALLY CHANGING IT. THAT'S RIGHT. SO THERE'S A COMPONENT HERE THAT YOU GOTTA BE PRESENT. OKAY. PRESENT, MEANING YOU GOTTA RESIDE WITHIN A CERTAIN DISTANCE, AN ACCEPTABLE DISTANCE. RIGHT. 3000 FEET TO ME IS, IS IS JUST AN ARBITRARY NUMBER. IT IS. AND UH, SO I MEAN TO ME, WHATEVER IT WOULD MAKE, WHATEVER THE DISTANCE IS OF A PERSON HOURS, WAIT, DID YOU SAY TWO AND A HALF MILES OR THREE MILES? MILES? I DON'T EVEN THINK IT'S THAT. YOU'RE ON WOLF TRAP. I'D SAY THREE MILES. IT'S NOT EVEN, I, I'M RIGHT NEXT TO, THAT'S NOT EVEN TWO MILES. 2200 METERS. WELL, I'M NOT A MATHEMATICIAN. IT'S 2,500 FEET MILES. WELL, WE NEED, SO IT'S NOT EVEN TWO MILES. WELL, THE POINT IS IF YOU'RE GONNA MAKE A MODIFICATION TO IT, THAT, THAT WE'RE MODIFYING THE POLICY AND NOT THE CODE. OKAY. THE POINT IS HE'S GONNA RESIDE WITHIN, BE PRESENT WITHIN A CERTAIN DISTANCE. OKAY. RIGHT. ALRIGHT. AND THEN HE'S GONNA HAVE A FULL HOUSE RENTAL OR A TEMPORARY RENTAL. RIGHT. RIGHT. SO THOSE, AND, AND THEN THERE WAS GOING TO, THEN THAT THIRD COMPONENT WOULD BE THAT THERE WOULD BE SOMEBODY CLOSE BY A DESIGNATED PERSON, A DESIGNATED PERSON CLOSE BY MM-HMM . RIGHT. OKAY. AND THAT CLOSE BY WOULD BE NEXT DOOR, 3000 FEET OR WITHIN? WELL, YEAH. OR SOMETHING LIKE THAT. OKAY. YOU SAY THE THREE COMPONENTS. DO YOU GET THOSE? SO YOU'LL CHANGE NUMBER TWO. SO THE OWNER OPERATOR OF THE TOURIST HOME SHALL RESIDE WITHIN. HOW CLOSE DO YOU WANNA MAKE IT? I MAKE IT TWO MILES. SO I MEAN, EVEN THOUGH I THREE MILES, THREE MILES. JUST PUT THREE MILES. I LIKE THREE. ALL RIGHT. WELL THAT SEEMS ARBITRARY CAPRICIOUS TO ME, BUT, OKAY, WE'LL, SO THIS TOO, SO DOES ANY DISTANCE OTHER THAN WHAT WE ESTABLISHED AS, AS A, AS A FORMAL USE CASE AND THAT HE SHALL ESTABLISH THE ADJACENT NEIGHBOR AS THE DESIGNATED PARTY THOUSAND FEET. BUT THAT WITHIN 3000 FEET, HE'S RIGHT NEXT TO DOOR. 3000 FEET. YEAH. THREE MILES. 3000 FEET. HALF A MILE. HALF A MILE. NAUTICAL MILE. IS THAT AS A CROW FLIES OR THAT'S A NAUTICAL. IT'S RIGHT, IT'S ADJACENT. I JUST WROTE THE ADJACENT PROPERTY PROPERTY HE'S ON ON THE ADJACENT PROPERTY. ADJACENT PROPERTY. AND THEN, UM, THE ONLY OTHER THING WAS THERE A THIRD? YOU SAID THERE WERE THREE? THE PRESENCE. OH, THE PRESENCE. YES. WE HAVE, WE HAVE THAT IN THERE. HE HAS TO BE PRESENT IN THE AREA. CAN'T BE ON VACATION. WORK COMES BACK. CAN'T BE ON VACATION. YEAH, WE'LL LEAVE THAT, WE'LL LEAVE THAT LANGUAGE THERE. I'LL JUST ADD THE THREE MILES IN THERE RATHER THAN THAT. AT 1 0 8, NUMBER THREE, WHOLE HOUSE NUMBER THREE WAS WHOLE HOUSE. THE WHOLE HOUSE. RIGHT. OKAY. AND THEN, UM, NUMBER THREE IN THE RESOLUTION LIMITS HIM TO FOUR GUESTS. YES. THAT'S BASED ON PARKING. SO AGAIN, THAT SHOULD STAY RIGHT. SO, YEAH, I JUST WANNA BRING THAT UP. 'CAUSE HE HAS THREE BEDROOMS IN THE HOUSE. OKAY. AND USUALLY THE WAY WE, WE CALCULATE WHENEVER WE HAVE SOMEBODY COME FORWARD, YOU, IT'S TWO PER BEDROOM. NO MORE THAN TWO PER BEDROOM. THAT WAS HIS ORIGINAL REQUEST WAS FOR SIX. BUT WE WROTE THE RESOLUTION FOR FOUR BECAUSE WE LET, HE ONLY HAD TWO BEDROOMS TO RENT. DOES HE HAVE ENOUGH PARKING FOR THREE? HE DOES. BECAUSE YOU DROP BACK ONE PARKING SPACE. OKAY. THEN, SO HE WOULD WOULD STILL HAVE THE SAME AMOUNT. [02:10:01] WOULD SIX IN, I WOULD SAY HE WOULD JUST HAVE TO OPEN THE GARAGE. YOU'D HAVE TO OPEN THE GARAGE. YOU COULDN'T RESTRICT ACCESS. YOU'D TO USE THE GARAGE, RIGHT? YEAH. HE'D HAVE TO USE THE GARAGE. HE WOULD HAVE TO USE THE GARAGES AVAILABLE PARKING TO WHOEVER HE'S RENTING THE HOUSE TO. I WOULD SAY SIX. SO CHANGE THAT NUMBER TO SIX ALSO. MM-HMM . OKAY. OKAY. I THINK THAT TAKES CARE OF IT. I DID READ THROUGH IT QUICKLY. I JUST WANTED TO MAKE SURE. SO WE'RE GONNA, WE'RE GONNA REVISE TWO OF THE NUMBERS AND I, I THINK WE'VE GOT IT. OKAY. SO YOU CAN MAKE AN R. IT'S, UH, OKAY, SO 26 DASH DASH 1 0 7 R 1 0 6 OR SEVEN, UH, 26 DASH 1 0 7 7. AND THEN RRR. HOW, HOW DO YOU GET THE, UH, HOW DO YOU GET THE SUFFICIENT PARKING SPACES WITH A POD PARKED PERMANENTLY IN THE DRIVEWAY WHEN YOU OH, WITH A POD? OH NO, HE WOULD HAVE TO MOVE THE POD 'CAUSE HE HAS TO HAVE THE PARKING AVAILABLE. BUT IT'S BEEN THERE FOR HOW LONG? HE SAID THE POD WILL GO AWAY. I MEAN, WE, WE WOULD, WE WOULD REQUIRE YOUR PICTURES ARE FROM MARCH. YEAH. AND IT'S THERE TODAY. 'CAUSE I DROVE BY. YES. SO THIS IS NOT A SHORT TERM POD. I MEAN, WE WOULD REQUIRE THE PARKING TO BE FULLY AVAILABLE BEFORE HE COULD RENT IT. SO, I MEAN, HE WOULDN'T BE ABLE TO GET THAT'S HIS CHOICE. ANY OF HIS PERMITS OR ANYTHING WITHOUT THAT PARKING BEING AVAILABLE. HE HAS TO HAVE THE PARKING. YES. HE HAS TO HAVE THE PARKING. AGAIN, IT GOES BACK TO, THESE GUYS ARE GONNA INSPECT THIS BEFORE THEY'RE EVER GONNA ABSOLUTELY ALLOW THE PERMIT. RIGHT. AND THEY'RE GONNA, AND THEY'RE GONNA KEEP AN EYE OUT ON THESE THINGS. AND AGAIN, I KNOW WITH AIRBNB AND THESE THINGS, IT IS LIKE, DR. GOOGLE SAID, YOU GET BAD REVIEWS, PEOPLE AIN'T COMING. SO I'M JUST TELLING YOU THAT THAT WILL SHUT IT DOWN IN A HURRY IF THEY DON'T ADDRESS PROBLEMS QUICKLY. AND JEANNIE POINTED OUT ONE PIECE IS, UH, WE HAVE, UM, STIPULATED IN HERE THAT IT WILL BE OPERATED ACCORDING TO HIS NARRATIVE DESCRIPTION. SO HE WILL HAVE TO BRING US A NEW NARRATIVE DESCRIPTION THAT, THAT HIGHLIGHTS THIS INFORMATION RATHER THAN WHAT HE HAS IN THERE. NOW, ARE YOU OKAY WITH THEM DOING THAT? YES. OKAY. YES. YOU HAVE TO APPROVE IT, SO, RIGHT. YEAH. RIGHT. WE WOULD TAKE A LOOK AT ALL THAT. OKAY. OKAY. ALRIGHT. ALRIGHT. SO BEFORE THIS BOARD MOVES FORWARD WITH THIS R TWO THINGS EVERYBODY NEEDS TO CONSIDER BEFORE THEY VOTE. ONE, YOU'RE SETTING A PRECEDENT THAT FOR EVERYONE THAT COMES TO US AFTER THIS AND THEY WANNA DO A DESIGNATED PARTY. I DON'T KNOW HOW YOU SAY NO AT THAT POINT, IF WE'RE ALLOWING ON IT HERE, AND TWO, IF YOU VOTE YES FOR THIS, YOU BETTER BE ABLE TO EXPLAIN TO EVERYBODY WHO WE VOTED NO TO BEFORE WHILE THIS ONE'S OKAY. AND ALL THEIRS WASN'T BECAUSE THEY, WE CHANGED THEIR PLANS AND IMPACTED WHAT THEY WANTED TO DO AND WE'RE CHANGING IT HERE. AND I GOT A BIG PROBLEM WITH THAT. AND THAT'S WHY I SUPPORT IT. WHAT IT CAME TO US ORIGINALLY. BUT I'M NOT GONNA SUPPORT THE R SO Y'ALL, Y'ALL THINK ABOUT THAT BEFORE YOU VOTE AGAIN. I THINK WE NEED TO DISCUSS WHAT OUR, AND WE, AND WE CAN CERTAINLY DO THAT. BUT, BUT WE'RE GETTING READY. WE'RE GONNA DO THAT AFTER THIS VOTE. SO I THINK THE, THE MISTAKE HERE IS A DESIGNATED PARTY, IF HE WANTS TO LIVE WITHIN, YOU CAN CHANGE THE, CHANGE THE DISTANCE TO THREE MILES INSTEAD OF 3000 FEET. AND THAT'S CLEAN. RIGHT. I'M OKAY WITH THAT. BUT AS SOON YOU INTRODUCE, AS SOON AS YOU INTRODUCE A DESIGNATED PARTY TO LOOK AFTER THIS HOME, YOU'RE IN LIMBO LAND. YEAH. AND, AND WE HAVE SHUT DOWN A NUMBER OF SDRS BASED ON THE OWNER WASN'T PRESENT. HE WANTED TO JUST USE A, A DESIGNATED PARTY. I'M WRONG WITH THAT. I'M OKAY WITH I'M, I'M OKAY WITH THAT. IF WE DON'T NEED A DESIGNATED PARTY WITHIN 3000 MILES, I MEAN THREE MILES AND WE'RE 3000 MILES. YEAH. 3000 MILES. THAT'S FLORIDA WAS THINKING 3000 FEET . SO I SAYING WE DON'T NEED THE DESIGNATED, WE'RE SAYING DESIGNATED PARTY IS, IT DOESN'T NEED TO BE IN THERE. IT'S WRONG IS NEXT DOOR NEIGHBOR. WE JUST NEED TO TAKE THAT OUT. TAKE THAT OUT. TAKE THAT, TAKE THE DESIGNATED RESPONSIBLE PARTY OUT. HE'S GONNA BE RESPONSIBLE FOR, HE'S RESPONSIBLE FOR IT. SO HE HAS TO BE THERE. HE HAS TO BE. THAT'S ALL WE'RE DOING. EXPANDING THE DISTANCE. OKAY. RIGHT. I'VE ALREADY SAID HE HAS TO BE ARRESTED. I'VE GOT NO PROBLEM. YOU WANNA TAKE THAT OUT? IT'S FINE. OKAY. WE DID. IT'S DONE. BUT IT'S, BUT OKAY. WE SAW THE SAME PROBLEM 'CAUSE EVERYONE WE VOTED DOWN WAS BECAUSE THEY WEREN'T IN, IN THE HOME. I DON'T HAVE A PROBLEM WITH THAT BECAUSE THAT THE EVOLUTION OF LAWS AND CODES IN THE UNITED STATES. THINGS CHANGE. BUT WE SHOULD CHANGE THAT BEFORE WE VOTE ON THIS AND NOT AFTER THE FACT, WHICH IS WHAT WE'RE GETTING READY TO DO. NO, WE CHANGE IT SOMETIMES. YEP. SO I MOVE 26 DASH 1 1 0 7 R. WE CALL, WE'LL CALL THE MOTION MADE BY MR. DRURY IS TO APPROVE PROPOSED RESOLUTION. R 26 DASH 1 0 7 R AS AMENDED. MRS. NOLL? YES. MR. DREWRY? YES. MR. RONE? NO. MR. SHEPHERD. YES. MR. RO? NO. MOTION CARRIED. OKAY. WE HAVE NO UNFINISHED BUSINESS. WE'LL [M. Consent Calendar] [02:15:01] MOVE ON TO CONSENT CALENDAR. UH, WE HAVE APPROVAL OF MINUTES FROM MAY 5TH. WE HAVE ADDITION OF COX DRIVE INTO THE SECONDARY SYSTEM OF STATE HIGHWAYS. WE HAVE TWO RETIREMENT RECOGNITIONS. WE HAVE A FREIGHT SHED, PAVILION EDITION AND RIVERWALK STAGE. UH, THIS TO AUTHORIZE THE AWARD OF THE, UM, PROJECT. WE HAVE CDBG APPLICATION REQUESTS FOR YORK TERRACE, UH, NORTHWEST HOUSING REHABILITATION. WE HAVE TRANSPORTATION AGREEMENT TO BE, UH, CREATED BETWEEN HEAD START PROGRAM AND PARKS AND RECREATION. REAL ESTATE REFUND FOR A DISABLED VETERAN, UM, PREPARATION OF THE FISCAL YEAR 2027, CONTINUATION SCHOOL SAFETY GRANT AND EMPLOYEE OF THE QUARTER, FIRST QUARTER. ARE THERE ANY ITEMS ON THIS CONSENT CALENDAR THAT PEOPLE WOULD LIKE TO PULL OR DISCUSS? I'LL MOVE THE CONSENT CALENDAR DURING FIRST. NONE. ALRIGHT. ROLL CALL PLEASE. THE MO, EXCUSE ME. THE MOTION MADE BY MR. SHEPHERD IS TO APPROVE THE CONSENT CALENDAR AS SUBMITTED. MR. DRURY? YES. MR. ROH? YES. MR. SHEPHERD? YES. MRS. NOLL? YES. MR. HORO? YES. MOTION CARRIED. THERE IS NO NEW BUSINESS. SO WE [O. Closed Meeting] WILL NOW MOVE INTO CLOSED SESSION. MR. SHEPHERD, CAN YOU TAKE US INTO CLOSED SESSION? OKAY. MR. CHAIRMAN IN COURTS WITH SECTION 2.2 DASH 37 11 A, ONE OF THE CODE OF VIRGINIA, I MOVE THAT THE BOARD OF SUPERVISORS CONVENE A CLOSED MEETING TO CONSIDER A PERSONNEL MATTER INVOLVING APPOINTMENT OF INDIVIDUALS TO BOARD AND COMMISSION AND PERFORMANCE. ROLL CALL PLEASE. EXCUSE ME. UH, MRS. UH, NO. MR. DREWRY? YES. MR. RONE? YES. MR. SHEPHERD? YES. MRS. NOLL? YES. MR. HOL? YES. MOTION CARRIED. I WILL ANNOUNCE THAT THERE, I WILL NOT BE A BOARD OF SUPERVISORS MEETING ON THE FIRST TUESDAY OF JULY. I THINK THAT'S ON. OR YEAR THE FOURTH. MM-HMM . AND THE NEXT MEETING OF THE YORK COUNTY BOARD OF SUPERVISORS WILL TAKE PLACE HERE. 6:00 PM TUESDAY, JULY 21ST IN THE BOARDROOM, WE STAND ADJOURNED. * 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.