Local Government
Divided Front Royal Town Council passes – barely – flat tax rate for FY19
FRONT ROYAL – Honestly, I thought Front Royal wasn’t going to have a tax rate proposed in a game of voting Russian Roulette on Monday night – UNTIL the last man voting at 3-2 FOR flat taxes for Fiscal Year 2019, Eugene Tewalt, prefaced his vote by stating he WOULD vote with the opposing side for a tax rate with no increase to help pay for the new Front Royal Police station. That came as a surprise because Tewalt has been the most critical–well before Monday night–of those on council wishing to defer any tax revenue to pay for the approximately $11-million police headquarters until an annual debt service estimated anywhere from $250,000 to $750,000 comes due.
I mean, I had the first line in the “T” in Tewalt written in the “no” vote column until the former mayor and town public works director explained that despite his disagreement with his no-tax-hike-until-the-bill-is-tacked-to-the-door colleagues, he would vote with them to keep the Town solvent by at least setting a flat tax rate. Tewalt explained that without his fourth vote creating the supermajority necessary for large budget items, like setting tax rates that create a significant portion of the Town’s operating revenue, the town would have no tax rate on the table– and consequently no tax revenue coming in – for FY 2019.
Darn, some common sense in the debate. I fear I found myself anticipating a hardline stand off between the opposing tax revenue and payment sides, William Sealock and Jacob Meza siding with Tewalt, John Connolly, Chris Morrison and Gary Gillespie in the opposing camp – to see which side might blink first facing that FY19 no tax revenue scenario. As Tewalt explained later, due to the two-thirds supermajority requirement, the mayor cannot break a tie in establishing the tax rate – a 4-3 margin not reaching that two thirds requirement.
So, Front Royal’s tax rates will remain flat, at 13.5-cents per $100 of value for real estate and personal property at 64-cents per $100 of value. Also set were a personal property tax relief rate of 60-percent of value on the first $20,000 of assessed value on qualifying vehicles assessed at over $1,000 of value; and a corresponding tax relief rate of 100-percent for qualifying vehicles assessed at $1,000 or less; and adjustment of town codes to accommodate any changes.
According to Town Finance Director B.J. Wilson, real estate tax generates about $1.53 million in annual revenue to the town government. The adopted FY18 town budget was $45,893,820.
John Connolly, absent from the March 12 meeting deadlock and oversight that left the Town without a tax rate for next year, made a motion to set the rates flat. Tewalt then offered an amended motion to raise the real estate rate by the maximum .9-cent allowed by the re-advertisement after council failed to set a tax rate two week earlier when an increase could have been a full penny. Each penny of real estate tax produces about $110,000 of revenue for the town.
In proposing no tax increase, Connolly said he did not consider tax revenue “the Town’s” money, but rather its citizens. And he favored not taking citizens’ money until it was absolutely necessary, particularly with what he called a $1.7-million General Fund cash reserve above legally-required emergency reserves. Tewalt countered that $1.7 million was “nickels and dimes” to a municipality like Front Royal, with a $45-million to $46-million annual budget.
As for emergency reserves, Tewalt said, “This is an emergency to me – you’ve approved an $11-million building and are depending on the (New Market) tax credits (to keep the first seven or nine-year debt service around $275,000) – they could be gone tomorrow.”
Without the New Market Tax Credit program’s interest-only deferment, the annual debt service on the police station has been estimated between $700,000 and $800,000 – also near the amount the tax credit program debt service will reach after the interest-only period disappears.
Tewalt reiterated his point from the March 12 vote, when he told his colleagues, “We can’t keep pulling money out of our reserves … if we add a penny, or close to it tonight we won’t have to add four or five cents all at once in the future. You can’t just wait until the money is needed. If you vote for a project and not to pay for it – I don’t know how some people on this council run their homes.”
Connolly also pointed to the county reassessment now taking place as likely creating higher real estate values producing more revenue in the future. He also said council couldn’t be sure that yet unknown revenue sources such as the corridor agreement with the county wouldn’t crop up and create new revenue sources that could preclude the need for some of the anticipated tax hikes to pay for things like the police station.
However, Tewalt reminded Connolly and his council allies that when reassessments result in higher values that create more revenue to a municipality, state law mandates that a municipal real estate tax rate be “equalized” or reduced so that its revenue stream is returned to the level it was before the reassessment. This assertion appeared to confuse Connolly, who asked Town Attorney Doug Napier whether the council could, as he recalled having been done at the last reassessment, just vote NOT to equalize the tax rate. Napier replied that council could, in fact, vote not to equalize the tax rate. However, Tewalt’s point was that such a vote is a defacto tax increase equal to whatever additional tax revenue is created by the added value placed on someone’s property by the reassessment.
Jacob Meza, right, was skeptical of Connolly’s rosy revenue out of the blue projections; but in the end council may have been relieved to at least have passed a tax rate this time around.
Tewalt also explained that while he did not support building new police station at an estimated cost of $11-million, once his colleagues approved it, he favored continuing the process begun last year with a half-cent increase to the real estate rate to set aside revenue for the eventual annual debt service.
Tewalt ally Sealock pointed out that he had discovered that $55,000 of annual revenue created by the half-cent hike last year wasn’t actually all being put aside, that it was being used to pay rent on the county facility the town police are now located in on Jackson Street. – “It is NOT being set aside as it was supposed to be,” he said.
According to the town finance director, Front Royal paid Warren County $50,537 in rent for the current police headquarters for the period from October 1, 2017 to September 30, 2018. That doesn’t leave much in set aside for future debt service.
The debate became heated at times. Sealock challenged the opposition to smaller incremental increases setting revenue aside to explain their alternative plan. On March 12, Morrison said rejecting what he called an “old way of doing things” as far as financing “will force us to be more creative” in coming up with funding solutions. However, hoping for new revenue to appear out of the sky or disguising larger tax hikes as non-equalization, post-reassessment votes did not appear to satisfy Sealock, Tewalt or Meza as a creative alternative.
Meza pointed out that even with the .9-cent increase this year added to the half-cent hike last year, only about $160,000 of set aside funding for police station debt service would be created – that is $100,000 short of the best-case, interest-only annual debt service scenario. He said he did not believe Connolly’s plan, particularly hoping for new revenue sources, was a good one – “You don’t buy an expensive car and hope to get a pay raise in the future to pay for it.”
Local Government
Town Planning Commission OKs Warren Coalition recovery house
At its regular meeting on March 15, the Planning Commission reviewed a proposal by the Warren Coalition to locate an addiction recovery house in its facility at 200 North Royal Avenue. The Special Use Permit (SUP) for a “lodging house” attracted 9 speakers at the public hearing, two of which were occupants or owners of nearby properties.
Town Planning Commission members listen intently as Warren Coalition Executive Director Christa Shifflett describes a new residential recovery facility to be located at 200 North Royal Avenue. Royal Examiner Photos Stephen Sill
Zoning Administrator John Ware briefed the commission on the ordinances controlling the use. The property has been used as a lodging house in the past, from 1989 to 2019, prior to the adoption of the ordinance. Because that use ceased for more than 3 years, the ordinance requires the SUP. The property does have adequate parking, and the planning staff recommended approval subject to the occupancy not exceeding 10 persons, and parking to be provided for 8 vehicles.
Warren Coalition Executive Director Christa Shifflett addressed the commission about the specifics of the proposal, which calls for a residential capacity not to exceed 10 persons, with average stay length of 9-12 months. Residents are expected to have or get jobs, and the coalition assists with miscellaneous needs such as specialized clothing or interim transportation. The facility will not provide meals for the residents, but has a kitchen facility that residents can use to prepare meals for themselves. Residents will be responsible for obtaining their own supplies, living items, and proof of employment to qualify to live in the facility. Shifflett also said that security cameras will be extensively employed inside and outside the facility. The rules established for the facility include a provision for regular drug screening. Substance abuse or violent behavior will be grounds for immediate termination. All residents will be required to be in some form of outpatient treatment, including but not limited to counseling thru Medication-Assisted Treatment (MAT), Alcoholics Anonymous (AA), or Narcotics Anonymous (NA). Currently, a lack of local residential recovery facilities in this region may require prospective residents to travel as far away as Richmond or Virginia Beach, meaning there is an additional time and travel burden on families and residents who come from the local area.
Chairman Darryl Merchant opened the public hearing to hear from 9 speakers. Two speakers were property owners in the immediate area of the subject property. Phil Caslavka owns a nearby residence on Virginia Avenue. He surfaced the concern that there is drug-dealing and usage activity in the immediate area. “In this block we already have a problem with drug-related issues”, he said.
Resident Phil Caslavka addresses the Town Planning Commission to express his concerns about locating a residential recovery facility in his immediate neighborhood at 2nd St and Royal Avenue.
Mr. Caslavka also cited instances of confrontations with violent individuals, even finding a knife under the window of his daughter’s room, finding drug paraphernalia and beer bottles in his yard. He concluded by saying, “We do have a current problem here, and I don’t think this would be something that would help that problem.”
Stephen Bieker, whose property adjoins the proposed lodging house, also addressed the commission, describing drug dealing in the bank parking lot next door, discarded needles in his yard, previous instances of violent behavior by residents in the former lodging house, to the extent that he put up a fence between the properties to protect his children. He reminded the commission that the building was in a “Drug-free zone” and a zone. “I don’t believe it would be a good fit for our town.”
Seven more speakers spoke in favor of the facility, among them recovering addicts who had benefited from similar facilities. Brandon Butler spoke eloquently of the need for recovering addicts to have someplace safe to go when completing treatment – a place to find employment, stability, and acceptance. He spoke of his own experience in recovery and readjusting to a normal life. He also addressed the resident’s concerns about existing drug activity in the area. “I’ve been an addict for over 20 years of my life, and I know if you put a recovery house in a neighborhood, it kind of pushes away that element, if it’s there.”
It was observed that those in addiction treatment programs and recovery facilities are as a rule people who want to make the change in their lives to stay away from addictive behavior and not relapse into substance abuse that has already negatively impacted, not only their lives, but often the lives of family members around them.
Brandon Butler tells the Planning Commission about his own experience in recovery from drug addiction through treatment programs and a new beginning made possible by residential recovery houses.
Michael Hall, who will be the facility’s resident manager and Peer Recovery Specialist, also addressed the Commission to talk about his own experience with recovery and treatment.
“What addicts need most is hope, and without a place to go to get started, it’s hard to sustain the hope you have when you finish treatment. This house will provide that stable, safe environment,” Hall told the commissioners.
Warren Coalition Peer Recovery Specialist Michael Hall describes his own experience with recovery and his opportunity to manage a new recovery facility in Front Royal.
At the conclusion of the public hearing, the commissioners had the opportunity to question the Warren Coalition executive director. Commissioner Michael Williams had a series of questions. “You mentioned that the residents would be referred. What agency or entity will be doing the referring?” Answer: “Residents will be referred from local treatment facilities such as National Capital Region in Fairfax, several facilities in Richmond, as far away as Galax – these are local people who are in treatment that far away.”
After extensive discussion, the commission, on a motion by Commissioner Williams, seconded by Commissioner Connie Marshner, voted unanimously to recommend approval of the permit with the cited rules, oversight and surveillance to assure house ruled are observed. The request will now go to the town council for final action.
The Commission also voted to advertise a public hearing on April 19 for the Town’s Comprehensive Plan update. The commission and planning department have been working on that project for over a year.
The Meeting was adjourned at 7:50 p.m.
Watch the full video on the Town website.
Local Government
Supervisors tackle permitting dynamics for Rural Events Facility, building inspection and permitting fee hikes, and Corridor utility hook up issues
At a 3-plus-hour work session of Tuesday, March 14, the Warren County Board of Supervisors and staff reviewed a proposed zoning text amendment to fill definitional gaps in local and state codes regarding Rural Events Facility uses related to overnight accommodations, which segued into a somewhat related “Guidelines for Short-Term Tourist Rentals”. After those discussions County Building Code Official David Beahm wrapped the work session up, with some assistance from Planning Director Matt Wendling, presenting two options to increase inspection and permitting fees on building projects to improve the percentage of departmental costs covered by fees collected by the County in those processes. The meeting opened with discussion of a Pump and Haul Sewage Permit Request from Front Royal Self Storage in the Route 340/522 North Corridor. Other business included a “Modification Request for Conditional Use Permit” by Gillian Greenfield & Richard Butcher for Private Use Camping (Non-Commercial) Located off Beech Road.
In reviewing Shelly Cook’s permitting for her Rural Events Facility project on over 40 acres of working Agricultural land housing a vineyard operation, the board seemed anxious to find a way to allow her Rural Events Facility to get maximum use of residential cabins built as part of the project. Cook noted her neighbors all supported her planned use as an alternative to commercial or residential development. Cook noted she is a Class A contractor and 50-year resident of Warren County.
Shelly Cook explains her attempt to increase revenue and ‘save’ her property to continued Agricultural use thru the addition of a Rural Events Center and overnight cabins for guests at events. Below, Deputy County Administrator Taryn Logan, left at staff table with Asst. Co. Attorney Caitlin Jordan, tells board that existing overnight residential guest guidelines related to ‘events’ in her permitting should separate that use from short-term rentals. Royal Examiner Photos Roger Bianchini
She explained her Rural Events Center initiative as an attempt to increase revenue enough to “save” her farmland for an Agricultural use established in 2019. One concern, particularly of Chairman Vicky Cook, was that the board not set a precedent that could be applied to Short-Term Tourist Rentals. During the discussion Deputy County Administrator Taryn Logan observed that tying the overnight cabin use of 7 days or less to events held at the Rural Events Facility, predicted by Cook to occur on a weekly basis, would appear to accommodate the facility’s residential usage being a separate one from short-term rentals, which also have a longer 30-day maximum staying period. See details of the Rural Events Center discussion beginning at the 44:30 video mark, transitioning to the Short Term Tourist Rental guidelines at the 1:32:20 mark.
In presenting his proposal for building inspections fee increases County Building Official Beahm estimated that with current fees, on a good year about 60% of the County’s fees are covered, on a “bad year” only 40% are, leaving the County absorbing from 40% to 60% of its costs annually. With Option 1 Beahm estimated 80% to 90% of costs being covered, with Option 2 he guaranteed 100% coverage of Building and Planning Departmental costs on inspections and permitting. Beahm recommended adoption of Option 1 due to the suggested fees being closer to surrounding jurisdictions existing fees. The accompanying agenda packet charts showed an existing Standard Construction minimum fee on Residential buildings in Warren County at $50, with Option 1 recommended raising that to $100, and Option 2 to $150. The existing minimum fee on Commercial structures is $75, with Option 1 at $150 and Option 2 at $200.
County Building Official David Beahm traces his two options to increase County building inspection and permitting revenue to over 50% of costs. He recommended the lower of the two options, estimated to increase revenue to 80% to 90% as opposed to 100% to stay comparable to surrounding jurisdictions’ fees.
For comparison, existing fees in the Town of Culpeper are $75 Residential and $125 Commercial; Fauquier County $100 Residential and $150 Commercial; Shenandoah County $100 Residential and $150 Commercial; Frederick County not listed for Residential, with $120 Commercial; and Winchester City at $46 Residential and $69 Commercial. Beahm’s presentation and board discussion begins at the 2:29:15 video mark, ending at the 3:07:35 mark.
Pump and Haul Permit applicant David Printz of Front Royal Self Storage described issues with being unable to find underground space to install the necessary infrastructure, particularly to connect to Town central sewer service. Prince told the supervisors he began digging for infrastructure space on December 1st last year and had still not found a way through underground rock into the second or third week of January. “There’s a reason it’s called Rockland,” it was observed of the north-side county area.
Staff observed approval wouldn’t create a precedent for the use by right, due to the particular hardship circumstance discovered underground at the property. It was also suggested that county staff communicate the intent to approve the special circumstance permitting to town public works staff to assure they did not have issue with it. North River District Supervisor Delores Oates wondered if Front Royal Self Storage was able to receive central water from the Town but not sewer, if the Town would be able to adjust its system of charging customers for sewer based on their water usage. See this discussion beginning at the :00 mark of the linked county video due to a late hook-up of the live-stream broadcast, concluding at the 38:50 video mark.
Front Royal Self Storage principal David Printz describes issue with underground rock preventing installation of infrastructure necessary to hook up to Town Central Sewer utility in the Rt. 340/522 North Corridor. Not all of this discussion is recorded as indicated in note below Printz on County website. And below that note, Gillian Greenfield, with Richard Butcher, explain their agreement to changes to their Private Use Camping CUP application recommended by county staff.
The Greenfield/Butcher Conditional Use Permit modification on a Private Use Camping application seemed to be headed for a rather routine approval as the applicants agreed to all the staff recommended changes. Supervisor Oates observed the only notable change in the process was removing feedback from the Shenandoah Shores Property Owners Association out of the equation. This matter is addressed from the 38:50 to 44:30 marks in the County video.
Local Government
Staff targets nearly flat Fiscal Year-2024 Budget and updated Comp Plan vision for Front Royal’s future – and there’s going to be a FR Karate Club Proclamation!
At 7 p.m., Monday, March 13, the Front Royal Town Council held a work session at Town Hall to be updated by staff on the status of development of the Fiscal Year-2024 budget and the long-overdue update to the Town’s Comprehensive Plan. Finance Director B. J. Wilson handled the budget presentation to open the meeting. Then after a review of six items and their costs slated for inclusion on the upcoming March 27th regular meeting’s Consent Agenda, first Public Works Director Robbie Boyer, then Planning Director Lauren Kopishke double-teamed the status of Capital Improvements and the Comp Plan update.
Pointing to PowerPoint screen, Public Works Director Robbie Boyer charts coming capital improvement projects, including key upgrades to several utilities systems. Below, lower right, Planning Director Lauren Kopishke reviews the Town’s Comprehensive Plan update process.
Boyer reviewed looming Capital Improvement Projects the Town will have to finance and Kopishke reviewed the Comp Plan outline being developed under various categories based on the public input received from citizens on what they feel are the most important social and developmental issues facing the town government in coming years. Boyer’s presentation begins at the 1:04:00 mark of linked Town video, Kopishke’s at 1:35:35 video mark for those seeking additional detail on those presentations.
Among the Consent Agenda items slated for the March 27th meeting will be a “Proclamation” acknowledging the 50th anniversary of a local business – the Front Royal Karate Club of Sensei Arthur “Art” Drago (discussion at 46-minute mark of Town video). The Front Royal Karate Club, located for all of those 50 years at 7 Kidd Lane just off East Main Street in Historic Downtown Front Royal, will commemorate its 1973 founding with a “buffet-style celebration” from 7 p.m. to 10 p.m., Saturday, April 8 at Moose Lodge #829 at 1340 John Marshall Highway (Route 55 East) on the southeast side of town.
Photo from FR Karate Club website shows a somewhat younger Sensei Art Drago, right, working with Sensei Zenko Heshiki.
More remarkable than the longevity of the martial arts club itself, is that of Sensei Drago, who still trains and works out with his students, many aiming for black belt level promotions, while having entered his eighth decade on the planet — GO Art!!! In fact, two black belt promotions will sandwich the anniversary celebration by several days.
But back in the municipal trenches, due to technical difficulties with the live-stream broadcast Finance Director Wilson’s budget presentation is picked up at the :00 mark of the linked Town video. Highlights include a $49.7-million budget proposal, that is a $1.7-million increase (3.6%) over last year’s FY-2023 budget of $47.9 million.
Town Finance Director B. J. Wilson, standing, runs the FY-2023 budget numbers by council.
Noted was $16 million earmarked into personnel, including adjustments to some staff positions from part-time to full-time. Aspects of those personnel aspects of the town budget include:
- Inclusion of Compensation Study Salaries – $425,117
- 1% C.O.L.A. – $129,170
- 2% Average Merit Increase – $280,075
- 1.7% Health insurance increase $28,185
Following the budget presentation, discussion of the March 27th meeting Consent Agenda topics included:
Riverton Pump Station Engineering with professional services cost of $162,900 of a total $570,000 purchase order budgeted for the Pump Station upgrade project. It was noted that this pump station collects all the sewer waste from the 522 North Corridor and Viscose City Area.
Various Single Phase Pad-Mounted Transformers of which it was noted: “On February 23, 2023, the Town held a public opening for request of quotations for various transformers and received 2 quotations in accordance with the Virginia Public Procurement Act. Council is requested to approve the purchase of (5) 25 kVA and (5) 50 kVA Single-Phase URD Pad-Mounted Transformers in the amount of $47,855.00 from Jerry’s Electric, Inc., in Colman, SD.
Three-Phase Pad-Mounted Transformer – Council is requested to approve the purchase of a 1000 kVA Three-Phase Pad-Mounted transformer, totaling $63,941.47 with a lead time of 3-5 weeks, to Wesco/Anixter, of Ashland, VA.
Council also agreed to authorize a Resolution approving Town’s participation in proposed settlement of opioid-related claims against pharmaceutical manufacturers and distributors with settlement funds to be used to help remediate damages caused by the opioid epidemic. It was explained that settlement money will go directly only to cities and counties, but that the Town’s participation is likely to up the amount settled in the Virginia claims. The benefit to the town will come indirectly, but hopefully be achieved. This discussion begins at the 40:55 video mark.
And in a late item added to the work session agenda (48:15 video mark), council discussed a proposed town code text amendment that would allow a recently deceased minister at Dynamic Life Ministries to be buried on the church property. Council decided to try and speed up the process to facilitate the burial if the code can be changed to accommodate setback rules in local or state codes on cemetery or graveyard criteria.
Watch the March 13th Town Council Work Session here.
Local Government
County Planning Commission considers County Fair parking and Reliance Road Church proposals – Rockland rezoning tabled to June
The Warren County Planning Commission held its regular meeting on March 8 at the Government Center. For the first time, all the members were using County-supplied tablets and electronic copies of the agenda package. The CivicClerk system enables the department to distribute information paperlessly to the members and to the press (this agenda’s documentation package ran to 430 pages!), thereby saving taxpayer money and staff time and radically reducing waste.
Chairman Robert Myers began the meeting by announcing a highly anticipated rezoning request – to rezone a 103.8-acre parcel of the present Shenandoah Valley Golf Club to allow the development of 286 single-family age-restricted homes was being removed from the agenda. The applicant, SVGC owner Richard Runyon, told Royal Examiner he requested the extension to June to allow a VDOT report to be completed and accommodate more public interaction. Planning Department staff had already notified the Commission of some conflict with the County’s Comprehensive Plan and Future land use maps.
Fully half of the attendees at the Commission’s meeting left after hearing that the SVGC zoning map and comprehensive plan requests had been – temporarily – withdrawn.
A crowd gathered at the County Planning Commission meeting on Wednesday prior to learning that the rezoning of the Shenandoah Valley Golf Club property that is drawing significant opposition was pulled from the agenda. Photos by Stephen Sill.
Once the room had cleared, the Commission proceeded with the reduced agenda.
The Warren County Fair Association has requested a Conditional Use Permit (CUP) for a Motor Freight Terminal for their Industrial (I)-zoned property at 274 Fairground Road in the North River District. Despite the terminology, the request is for a 5.8-acre parking area for overflow empty trailer parking from the Family Dollar facility across Fairground Road. Spokesman Dennis Grove told the commission that the Fair Association can derive some revenue for its operations by leasing the parcel for the temporary storage of empty trailers. The trailers are parked in the overflow lot while empty only.
The Commissioners discussed the proposal at some length and questioned the site preparation and potential impact on surrounding properties. Vice Chairman Henry asked if some of the recommended conditions could be waived since the intent is not a permanent hardstand area. The property had previously been approved as a contractor’s material storage area, but that permit had expired. In the end, the Commission voted to table the application until the applicant could provide a general site plan and consultation with the Family Dollar representative regarding the improvements to be made.
Warren County Fair Association representative Dennis Groves defends a proposal to use part of the Fairground property as an overflow temporary parking for empty trailers from the Family Dollar Distribution Center across Fairground Road.
Eric Wayne Adams has applied for a short-term tourist rental CUP for his property at 1850 Gooney Manor Loop in Browntown in the South River District. The property is zoned Agricultural (A) and is currently being built. There were no speakers either for or against and, on a Motion by Vice-Chairman Henry, seconded by Commissioner Scott Kersjes, the commission voted unanimously to recommend approval.
Elena Gallo is requesting a CUP for a short-term tourist rental for her property at 242 Parnassus Road in the Happy Creek District. The property is zoned Residential (R-1). This request included a setback waiver since there are only 80 feet of distance to the nearest property and not the required 100 feet. The applicant provided letters from all the neighboring properties supporting the proposed use, including the property nearest the site that would require the waiver. There were no speakers at the public hearing. A brief discussion among the commissioners about the possibility of establishing a precedent by allowing the waiver ended with an agreement that every application stands on its own merits, and in this case, the approval of the neighboring property owners strongly supports the waiver. On a motion by Vice-Chairman Henry, seconded by Commissioner Kaylee Richardson, the Commission unanimously voted to recommend approval.
John Randolph and Debra Lynn Clark are applying for a CUP for a short-term tourist rental for their property at 1207 Buck Mountain Road. The property is zoned Agricultural (A) and is in the South River district. There were no public speakers, and with very little discussion on a motion by Commissioner Richardson, seconded by Commissioner Kersjes, the Commission unanimously voted to recommend approval.
There were two CUP applications for a church at 2203 Reliance Road. The proposal by the Society of St. Pius X is to first convert an existing barn building for use as a chapel for up to 300 persons until a permanent church structure can be built on an adjoining property. The second request was for a church to be built on that adjoining property. The properties are zoned agricultural (A) in the North River District. The public hearing for the first request yielded five speakers, three of whom opposed the application. Richard Jamison questioned whether the number of projected attendees was accurate and whether adequate traffic safety analysis was provided. Reliance Road is narrow and winding and already busy as a shortcut from US-522 to Middletown. He also said that required lighting would adversely affect nearby residences in the wooded area surrounding the property. He questioned the appropriateness of a church in that location. There’s a high likelihood that there is inadequate sight distance for an entrance, particularly if there is any backup of traffic. The other two opposing speakers echoed those concerns. The speakers favoring the proposal were apparently members of the congregation who acknowledged that the plans were in an “embryonic state” and that they shared the concerns that neighbors had expressed.
Property owner Joseph Whittaker, who owns a farm on Reliance Road, describes a proposal to temporarily convert his barn to a church facility for the Society of St. Pius X until the church can build a new facility on an adjoining 10-acre parcel.
Speaker Joe Whittaker, who owns the property where the barn will be adapted for use as a church, indicated that locating the church services in the barn is a temporary measure, while funds can be raised to build the new church, but did not elaborate on how long that temporary period would be. The commissioners discussed the application but determined that the plan was missing a lot of needed detail. They finally agreed, on a motion by Vice-Chairman Henry, Seconded by Commissioner Greg Huson, to recommend approval for the conditional use, limited to an attendance of 300, and subject to Building, Health Department, and VDOT permit approvals for the site. A Site Plan will also have to be developed and approved.
The Commission voted unanimously, on a motion by Vice-Chairman Henry, seconded by Commissioner Kersjes, to table the second request, that of the Society of St. Pius X for the adjoining parcel for a CUP to build the permanent church. The applicants will have the opportunity to provide more detail and plans for that site.
Finally, the Commission unanimously passed its Consent Agenda of items approved to advertise for public hearing. Those included:
Shelly Cook – A request for a CUP for a Short-term Tourist Rental. The property is located at (0) Lee Burke Road and is zoned Residential-One (R-1) and located in the Fork District.
David Cressell has applied for a conditional use permit for gunsmithing services on his property at 275 Gary Lane in the Shenandoah District. It is zoned Residential (R1)
Erica Baker has submitted a request for a variance to Warren County Code §155-3.B(1)(b) of the Subdivision Ordinance to allow the voluntary transfer of a proposed subdivided lot to an immediate family member within the required five (5) years of having held fee simple title to the property. The property is located on 64 Tara Road in the Shenandoah District and is identified on tax map 15 as lot 2C2. The property is Agriculturally zoned (A).
Michaun M. Pierre is requesting a CUP for a Short-term Tourist Rental. For property at 726 Harmony Orchard Road. The property is zoned Agricultural (A) and located in the South River Magisterial District
Harry H. Heard has requested an amendment to Chapter 180 of the Warren County Code Section §180-21.C(9) to add as an accessory use Mobile Food Establishment in conjunction with a commercial nursery/garden center/wayside stand.
Rural Events Facility – Warren County Planning Staff is proposing to amend Chapter 180 of the Warren County Code Sections §180-8 to amend the definition to allow lodging permitted as an accessory use and to amend Section §180-55.2 to add and modify supplemental regulations relating to Rural Event Facility general requirements and standards for lodging of event guests. These requests will be advertised for a public hearing for the April regular Commission meeting on April 12 at 7:00 pm in the Warren County Government Center.
Local Government
Real Estate re-assessment appeals numbers raise eyebrows at supervisors pre-meeting work session – EDA personnel surprise at regular meeting
The Warren County Board of Supervisors kicked off a Tuesday evening, March 7th work session/regular meeting with a change to the 6 p.m. work session agenda. That change removed the only open work session agenda item, discussion of the “Implementation of a County-Wide Hiring Freeze”, and added a presentation on “the Warren County Finance and Personnel Update”. Following the County Administrator’s report on that altered agenda item, South River Supervisor Cheryl Cullers addressed removal of the hiring freeze topic (at 28:42 of work session/meeting video mark).
Cullers noted her initiative to freeze hiring while the coming fiscal year budget and revenue numbers were still being worked out. Having in an email she referenced, cited County Fire & Rescue as a potential target of the freeze due to her perception trained staff was already in needed positions, Cullers said she had not meant to single out that department, just use it as an example of her budgetary concerns.
Cheryl Cullers assured Fire & Rescue Department members present she was not singling them out for additional scrutiny on hiring requests, simply utilizing the department to show her concerns about personnel moves prior to a final coming fiscal year budget and revenue stream is established.
“Since Dr. Daley has assured me that we’re pretty good with where we are with this budget. And we don’t foresee any need to increase it more than what our equalization rate will be, I’d like to remove it from the (meeting) agenda when we get there,” Cullers explained of removal of the hiring freeze, from not only work session discussion, but also from meeting action. Her reference to the equalization rate appears to indicate the board plans to continue its three-year string of not raising taxes by setting the equalization real estate tax rate at a revenue neutral level.
County Administrator Ed Daley opened his Finance and Personnel update by noting that most recent in a string of resigned county finance directors, Matt Robertson, was supposed to give the report in January when the county’s annual audit result was initially expected. However, delays in completing the audit – no reason for that delay was cited – led to its delivery just last week, Daley told the board.
Reassessment Appeals numbers
Near the end of his PowerPoint presentation Daley noted numbers surrounding citizen appeals of re-assessment real estate value increases on their properties to the County’s Board of Assessors . Out of 1,110 total appeals heard, Daley reported that 881 people (an estimated 80%) had their assessments lowered. Those 881 downward valuations led to a $30.65-million reduction in new real estate values countywide upon which the County Real Estate taxes in the coming Fiscal Year 2023-24 will be based. Those numbers drew a “WOW” from North River Supervisor Delores Oates.
County Administrator Ed Daley, left at staff table with County Attorney Jason Ham, drew a ‘WOW’ from Supervisor Oates with number and real estate values impacted by re-assessment appeals hearings.
Concluding his report with those Board of Equalization re-assessment appeals numbers, Daley asked for questions from the board. Happy Creek Supervisor Jay Butler wondered if anyone who had appealed their assessments had, had their assessments increased by the Board of Equalization. Daley said he believed not, but was sure that if any had been the board would soon hear about it. Oates noted that the supervisors had no input or influence on the real estate reassessment and appeals judgments.
As previously reported, when Real Estate re-assessments produce above a 1% increase in county real estate tax revenue, by state code a municipality must “equalize” the existing tax rate downward to balance its tax revenue to the previously existing level. Any equalization resulting in an increase in county tax revenue is treated as a tax increase and must go to public hearing for citizen input and a vote of approval or denial by the county’s elected officials.
See that Finance and Personnel update beginning at the 40-second mark (:40) of the LINKED County video. After its completion 28:25 into the work session and Cullers’ above-referenced explanation of her abandoned hiring freeze request, the board went into a Closed/Executive Session on “Personnel” matters.
Closed meeting personnel matters
Those Personnel matters cited in Shenandoah District Supervisor Walt Mabe’s motion into closed session related to Shenandoah Farms Advisory Committee, the Board of Directors of the Industrial Development Authority of the Town of Front Royal and County of Warren Virginia (aka FR-WC EDA), the Warren County Board of Building Code Appeals, and the Warren County Board of Zoning Appeals. The FR-WC EDA discussion led to a surprise move during the regular meeting later that evening.
That surprise was the replacement of the two longest serving FR-WC EDA reform board members, Jeff Browne and Greg Harold, whose terms expired at the end of February. According to staff both had sought reappointment. Regular meeting Consent Agenda item #4 was “Citizen Appointments to the Front Royal/Warren County Economic Development Authority Board of Directors” with no additional information. County Administrator Daley requested the board remove the item from the Consent Agenda to allow for appointments to be made.
A recent FR-WC EDA Board meeting – Chairman Jeff Browne is at the far head of the table, with Greg Harold to his left, photo right. The supervisors replaced Brown and Harold, the two longest serving EDA reform Board of Directors members over their expressed desire to continue on the board.
Consequently, on a motion by Delores Oates (at the 1:29:20 video mark), seconded by Walt Mabe, the appointment of:
“Hayden Ashworth to fill an unexpired term ending February 28, 2025;
“J.D. Walter to fill an unexpired term ending February 28, 2026;
“Robert MacDougall to a four-year term ending February 28, 2027;
“Bruce Townshend to a four-year term ending February 28, 2027;
was approved unanimously. MacDougall and Townshend are replacing Browne and Harold. At publication we had yet to receive a response from queries to the board on why Browne and Harold were replaced over their expressed desire for reappointment. More on the replacement of Browne and Harold will come as additional information becomes available.
Farms Advisory Committee overruled on Old Oak 4 purchase
In the wake of a live VDOT report, board reports and public comments the regular meeting agenda contained an 18-item (minus one) Consent Agenda and only one action item. As noted above, implementation of a county-wide hiring freeze was removed from the agenda, leaving a lone action item of interest to the Shenandoah Farms Advisory Committee and Farms residents. That item was the staff “Award Recommendation for Old Oak IV Precast Box Culverts”. Despite the recommendation of the board’s appointed Shenandoah Farms Advisory Committee against the purchase, on a motion by Cullers, seconded by Mabe, the supervisors unanimously approved the staff-recommended purchase of the Box Culverts at a price of $695,583.
Current Shenandoah Farms Advisory Board Chairman Sarah Saber was likely not surprised the supervisors ignored her committee’s recommendation against higher-cost purchases related to road infrastructure improvements in the Farms Sanitary District. Saber has previously expressed her, among others, discontent with the board’s adherence to county staff recommendations over those of Farms resident-manned advisory groups, including this one the supervisors appointed.
The lengthy Consent Agenda included 11 Authorizations to Advertise for Public Hearing (7 for short-term tourist rentals; 3 for Rushmark Rockland Road LLC’s requests – a/ to Rezone Certain Parcels from Commercial and Residential One to Industrial, b/ to Amend the Comprehensive Plan Future Land Use Map from Commercial and Residential One to Industrial, and 3/ a Conditional Use Permit for a Building in Excess of 50,000 sq. ft. Located in the Route 340/522 Highway Corridor Overlay District; and 1 for a Zoning Text Amendment 2023-03-02, Ordinance to Amend Warren County Code Sections 180-8 and 180-55.2 Regarding Rural Events Facilities.
Public Comments
Public Comments begin at the 39:00 mark of the linked video. First up, Dennis David addressed concerns about Delinquent Taxes the County website lists. Citing no total given, David said he and his wife spent several hours each reviewing the 46 pages of material, adding the delinquent taxes due the County at over $2.1 million, some dating to 2003. That brings those oldest ones near the 20-year point at which he was told by County Treasurer Jamie Spiker the County drops them from the recovery list, David noted. Later in the meeting Board Chairman Cook commented that delinquent taxes were on her “radar”. Wells R. Bill (41:25) followed David to the podium and compared the county government unfavorably to the federal government in its method of factoring age and disabilities into taxing policies.
See the entire work session and meeting, or its highlights in the County video.
Local Government
Council moves to save Joint Tourism in wake of unanticipated consequences of its vote to dismantle ‘Discover Front Royal’ founding agreement
At it’s Special Work Session of Monday evening, March 6, the Front Royal Town Council tried to keep consequences of its 4-2 vote a week earlier to withdraw from the agreement/Memorandum of Understanding (MOU) with Warren County that facilitated creation of the 501-C6 Destination Management Organization (DMO) known as Discover Front Royal from becoming a full blown municipal disaster akin to a Norfolk Southern train wreck. Calm down, nothing’s going to get poisoned – except perhaps what’s left of a spirit of municipal cooperation to mutual town-county benefit.
But after discussion, including a summary of consequences Councilman “Skip” Rogers discovered developing the day after council’s February 27th vote to withdraw from the agreement, a council consensus appears to be to correct its mistake and work to preserve the 501-C6 DMO created after three years of discussion to spearhead joint Town-County tourism promotional efforts.
According to Rogers the consequences of council’s action of February 27th included the pending resignation of Discover Front Royal Chairman Kerry Barnhart as a legal move to dissolve the 501-C6 was originally poised to be filed last Friday, March 3rd. Rogers noted that he had communicated with a number of people, including Barnhart, and convinced them to put off that filing until after council’s special work session of March 6. However, without some assurances from council Monday night, that dissolution paperwork would be filed the following day, March 7th.
“To me that is a horrible, horrible thing to happen after they’ve done so much work, have so many connections. We have so much social media and other marketing outreach that’s been accomplished,” Rogers told his colleagues of Discover Front Royal’s efforts dating to last year.
Councilman Rogers, second from foreground left of table, summarizes what he sees as potentially critical consequences of council’s vote withdrawing from the Joint Tourism agreement with the County creating an independent 501-C6 Destination Marketing Organization (DMO) ‘Discover Front Royal’ to oversee joint Town-County tourism promotion.
“I’m suggesting that council consider to protect the value of the 501(-C6). If we let that go, shame on us – that is a very valuable tool,” he noted of what is an independent entity able to access state grants related to tourism promotion that municipalities cannot directly access. “What we need to do is work out the rules of engagement, how we interact with folks,” Rogers added, turning to newly appointed Town Community Development and Tourism Manager Elizabeth “Lizi” Lewis to commend her on her earlier presentation regarding her new oversight duties of Front Royal’s Visitors Center operations.
Over the past couple years dating to the tenure of Interim Town Manager Matt Tederick those operations had been outsourced to tourism consultant JLL Inc. However, JLL recently ran afoul of town officials after closing Visitor Center weekday operations without consulting the Town on that decision. During her presentation, Lewis described her efforts to re-staff the Visitor Center to restore its seven-day-a-week operations.
Elizabeth ‘Lizi’ Lewis summarizes her efforts to put the Visitors Center back to 7-day-a-week operations after the Town retook in-house control of those operations from consulting contractor JLL.
Back on the effort to save Discover Front Royal, Rogers noted that if that is achieved, Barnhart did not want to remain chairman, but would stay on as one of the five-member board. That board is already one member down with the resignation of Vice-Chair Scott Turnmeyer the day after the council vote to terminate the DMO’s founding agreement. Remaining members are Hannah McKinnon and Jesse McClain, with non-voting town and county representatives, Rogers and Delores Oates.
Towards the end of the discussion, Councilman Amber Morris observed, “We have to move this along fast because … in an odd year come November (election) we’ll have two new council members potentially. So, as I’ve sat watching so many council members coming and going, this could all be blown up again by November if we don’t get it done.”
In closing the discussion (1:02:20 video mark) after agreeing with Morris on the necessity of a resolution as soon as possible, Mayor Cockrell said in the wake of a comment by Town Attorney George Sonnett, “While I don’t want to sit here and rehash what went wrong or didn’t go wrong – it’s not helpful. But I will say that Mr. Sonnett is right, there have been MOAs, MOUs back and forth, back and forth and I think we’re on our fourth version of one that was sent to council, and as soon as we got one, we got another one before a meeting came and that gets confusing.
“So, we know what we did wrong and we know what to not do. Now let’s see if we can’t get this thing across the finish line,” the mayor told council.
Mayor Cockrell urges her colleagues to “get this thing across the finish line” in re-establishing a mutually beneficial, cost-saving Joint Tourism operation centered on a jointly created but independent 501-C6 known as ‘Discover Front Royal’.
Contacted Tuesday following Monday’s special work session, Rogers told Royal Examiner that the effort to preserve Discover Front Royal was proceeding, with the dissolution papers on hold. “I’m very happy that I was able to convince council to keep Discover Front Royal alive, hopefully. We will talk today. I have worked very hard over this last week to salvage the 501-C6, I believe that was achieved with a great solution moving forward.”
We also contacted Discover Front Royal still-Chairman, at least momentarily, Kerry Barnhart to get her perspective on the status of the efforts Rogers described. She concurred that the effort to preserve the Joint Town/County Tourism effort and its 501-C6 operational entity was underway. “I want to be hopeful. I do think that tourism in this community needs to come together under one umbrella. And I think both the Town and County think that. The disconnect is how much money should be spent on it,” Barnhart observed. However, she observed that in the past with each municipality operating independently on its tourism promotion that essentially the Town and County were “double paying” for everything as their advertising needlessly overlapped.
She noted that neither the town or county governments were in a position to “save” the 501-C6, that once established it was an independently functioning organization, apparently a source of concern, at least on the Town side. “The 501-C6 is being saved by us to give them an opportunity to pull it together. Hopeful? I don’t know – it’s up to the Town and County on how to work together with an independent entity and raise the level of professionalism brought to the tourism effort,” Barnhart concluded.
See council’s discussion of the future of tourism promotion in this community beginning at the 34:45 mark of the Town video. Other agenda topics covered included an opening presentation by the County-overseen FR-WC EDA officials on the Conservancy Park development initiative inside the town limits at the Avtex redevelopment site; a tourism related plan to refurbish and put into use the ‘Front Royal Train Company’ caboose in the Village Commons Park area downtown; and Fleet Maintenance Building Project Procurement Award, Financing, & Budget Amendment presented by Finance Director B. J. Wilson. Council concluded with a Closed/Executive Session for legal counsel discussion of proposed proffer amendments for the Anna Swan Estates (HEPTAD LLC) project and the proposed proffer statement for Sayre (NVR, Inc.) rezoning.
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