Town Planning Commission punts to December on approval of N. Royal Ave. Short-Term Tourist Rental (2022)

As promised, sports fans – coverage of another side of the Warren County Board of Supervisors meeting of November 16th, including Public Comments following the feel-good opening revolving around the life-saving actions of Skyline High students Parker McGann and Carson Richardson. Four Public Comments speakers followed Fire & Rescue Lt. Austin Cucciardo’s opening acknowledgment of the teens to the podium, all four addressing Shenandoah Farms Sanitary District issues. First two up, John Cermak and Kathleen George, addressed specific topics related to sanitary district properties, which we will get to below. But it was the final two speakers who raised troubling issues surrounding the board’s management of the Farms Sanitary District and plans for its accumulated tax revenues currently cited at $3.2 million dollars.

Could the supervisors be ignoring the next financial-scandal powder keg brewing under their noses despite information being brought to them by two successive advisory groups, one of those speakers asked. Continuing with the sports-writing metaphor, last batter up, but first on the “Where did that ball she hit land? – And was it fair or foul?!?” Public Comments speaker list was Sarah Saber. Formerly vice-chair, Saber is now the supervisor-appointed Farms Sanitary District Advisory Committee chairperson in the wake of the November 3rd resignation of initial Chairman Bruce Boyle at the conclusion of his final meeting that night.

Town Planning Commission punts to December on approval of N. Royal Ave. Short-Term Tourist Rental (1)

Why is our advice no good – we live here, former Farms Sanitary District Advisory Committee Chairman Bruce Boyle may have been wondering as he gestures to Supervisors liaison Walt Mabe, not pictured, at Nov. 3 committee meeting. Below, is there tension here or is it just my imagination as Boyle turns to carry the conversation on with Sanitary District Manager Michael Coffelt, as County Public Works Director Mike Berry, right, and Committee member Matt DeVine, between Boyle and Coffelt, observe. Royal Examiner Photos Roger Bianchini

Town Planning Commission punts to December on approval of N. Royal Ave. Short-Term Tourist Rental (2)

In explaining his resignation on November 3rd, Boyle expressed frustration at the Advisory Committee’s lack of success in receiving support from the board of supervisors on the committee’s advice concerning which road capital improvement projects should be pursued as the best “bang” for the Farms’ residents’ “bucks” of tax revenue paid to the County, versus conflicting opinions of county staff, Sanitary District Manager Michael Coffelt and Public Works Director Mike Berry. In fact, Boyle told his committee and others present November 3rd , including November 16th public speaker Joe Andrews and the supervisors’ Farms Advisory Committee liaison Walt Mabe, that he and his wife are planning a move out of Shenandoah Farms and Warren County.

Town Planning Commission punts to December on approval of N. Royal Ave. Short-Term Tourist Rental (3)


But apparently Boyle is not the only one feeling such frustration levels. Previously, Property Owners of Shenandoah Farms (POSF) member Joe Longo resigned from the Warren County Planning Commission amidst his concerns the supervisors were running the Farms Sanitary District “like a criminal operation”, concealing information on how and why the district’s tax revenue was being spent as it was over the objection, initially of the POSF Board of Directors, and now it seems contrary to the supervisors’ own appointed advisory committee’s advice.

Enter Farms Sanitary District Advisory Committee Chairperson Sarah Saber at the 14:55 mark of the linked County video of the November 16 supervisors meeting. Remember, she’s got three minutes to make her case.

Why have an advisory board if you won’t listen to their advice?

“You all know who I am because you put me on this advisory board after you dissolved our citizen-elected board, which I also was at one point in time a part of,” Saber opened, noting she had left the POSF board in the hope of making a difference within the structure the supervisors had chosen to take, cutting POSF out of the Sanitary District management equation. “Since then I have gotten nothing but blatant unwillingness from you, Delores; from you, Cheryl; from you, Vicky; especially from you, Walt,” she said pointedly to the supervisors’ representative to the Farms Advisory Committee, adding, “Jay as well,” of the absent Jay Butler. “So, I’m done staying involved in the outright, blatant misuse of funds – this is not some conspiracy, this is well-documented. We’re bringing these issues to you and you are allowing your paid employees to look the other way.”

Saber’s reference to “conspiracy” theories appeared to be an acknowledgment that it seems to be individual Farms residents and anti-POSF conspiracy theorists that have the county’s elected officials’ ears more so than their designated Farms advisory groups; first, the community-elected POSF Board of Directors, and now the supervisor-appointed advisory committee Saber chairs. In fact, later in her comments Saber alluded to apparent consequences of certain Farms resident’s anti-POSF allegations.

(Video) Planning Commission 9/27/2022

Town Planning Commission punts to December on approval of N. Royal Ave. Short-Term Tourist Rental (4)

Advisory Committee Chair Sarah Saber wasn’t pulling punches, verbally, in her Nov. 16 assessment of a perceived failure of the Board of Supervisors to perform due diligence in weighing Advisory Committee advice against that of involved county staff regarding the best use of thousands and eventually millions of dollars of Farms Sanitary District tax revenue. Below, the Sept. 1 meeting of the supervisors’ appointed Farms Advisory Committee where tensions were already apparent, particularly between Vice-Chair Saber, left table, and Supervisor Mabe, far right table, yellow shirt, over Saber’s unanswered emailed questions regarding Sanitary District budget issues and past tax revenue expenditures. Mabe declined to apologize for his non-responsiveness.

Town Planning Commission punts to December on approval of N. Royal Ave. Short-Term Tourist Rental (5)

“And you, Cheryl, have done nothing after you and Delores made such a stink and stomped down to the POSF Inc. office (to) ‘audit us now’ and you want to sit there till 10 o’clock at night and audit our books. And you found nothing (indicative of wrongdoing). But I’ve handed you an illustrated disregard and misuse of funds on a silver platter, and you’ve looked the complete opposite direction. In fact, you’re telling us that we’re wrong. Do you realize how absurd that is?” Saber asked board Chair Cullers, reminding her that she has not attended one of the supervisors-initiated Shenandoah Farms Sanitary District Advisory Committee meetings. “You haven’t been to a single one. Do you remember what I said when I sat down at the interview when you hand-appointed me to the position? So, where’s the involvement, where’s the oversight??” Saber asked.

“Now all of you want to be unassociated with the embezzlement scandal, and all of that,” Saber said broaching the “reform” aspect, particularly of the three, three-year tenured supervisors Cullers, Oates, and Mabe, regarding their campaigns for office in the wake of the EDA financial scandal and alleged embezzlement of EDA resources. “But you’re standing here seeing it happen again, and you’re doing nothing. Do you want that on you? Because we’ve got $3-million dollars at stake right now,” Saber said of the Farms Sanitary District’s reported tax revenue account balance ($3.2 million) and the ongoing Farms stakeholders debates with county staff over the direction of that balance’s future use, particularly on road upgrade and maintenance projects.

“And it’s another million every year that you’re watching them piss away. And you’re being told they’re pissing it away and you’re ignoring it,” at which point Board Chair Cullers interrupted Saber to warn her about her use of language to which Saber replied, “Excuse me, piss is not a curse word,” to which Cullers responded, “I know, but let’s remember where we are.”

“Yeah, we’re in front of the government that’s been put in place to not allow our taxpayer funds to be thrown in the trash,” Saber observed, continuing to confront the supervisors over their past financial scandal “reform” image.

Town Planning Commission punts to December on approval of N. Royal Ave. Short-Term Tourist Rental (6)

The supervisors listen to Saber’s warning that Shenandoah Farms Sanitary District tax revenue is not being recommended to be used wisely by county staff, and that the advice of stakeholder/resident advisors should be paid more attention to. Will communication lines improve or are battle lines being drawn? Stay tuned, sports fans.

“I mean, you’re allowing it to happen again, you’re allowing it to happen. I’ve told you the issues are there. You’ve said ‘Take it to Ed Daley’. Whose employee is Ed Daley? Who has oversight over him? Isn’t that your job? Isn’t that the full reason you’re sitting up there?” Saber pressed her point as Cullers informed Saber her three minutes of Public Comment time had expired, at which point Saber glared at board of supervisors’ advisory committee meeting observer Mabe, offering a parting and less-than-favorable opinion of his liaison work between the board and its advisory committee. At that point Cullers told Saber to leave the podium or be escorted from the premises by Sheriff’s Office security, as Saber returned to her seat with a final held glare Mabe’s way.

Town Planning Commission punts to December on approval of N. Royal Ave. Short-Term Tourist Rental (7)

(Video) 11/10/22 Planning Commission Meeting

Saber leaves the podium with a glare Supervisor Mabe’s way.

Joe Andrews sets the table

Prior to Saber’s pointed assault on the supervisors lack of attention to Advisory Committee advice from Sanitary District stakeholders and blind adherence to staff counterpoints to that advice, Joe Andrews stepped up to the podium to address the supervisors: “I’m here tonight to talk to you about sanitary districts in general – I ask that the County get out of the public’s business. I don’t personally live in a sanitary district. I fear that one day I would. In any one of the neighborhoods where I own property, I’d hate to see the overreach I see in some of these sanitary districts,” Andrews said in opening.

“In Shenandoah Farms what I’ve witnessed is an elected board (POSF) being pretty much done away with. You folks have appointed your own advisory board that you neglect to listen to – That’s a fact, it’s not an opinion. You’ve got a few people between you and the advisory board that are stonewalling you and giving you misinformation. That’s a fact – I witnessed it at the last advisory board meeting (of Nov. 3),” Andrews observed in an apparent reference to involved county staff, as noted above County Sanitary District Manager Michael Coffelt and Public Works Director Mike Berry, both present as Andrews spoke.

“I would say at this time you really need to keep an eye on the folks you’re putting all this trust in. I see them asking you to spend money on unnecessary equipment; I see them purchasing materials that are improper for the job; I’ve seen them lie and say the materials are cheaper than the alternatives – not the case,” Andrews asserted with a negative head shake. He continued to question an apparent staff recommendation to add a road, Dry Run Court, into the Farms Sanitary District. “That road is going to be a headache for you. It’s something you probably better look into a whole lot more than your trusted folks are telling you. They’re telling you that it’s okay, it’s no big deal. It’ll take a little shoeshine, this road’s going to be okay. Trust me, it’s not the case.

“What I’d like for you folks to consider is getting rid of sanitary districts – get out of it, get out of the business. Let’s give these people their money back. Show them where the books are, show them the books (on sanitary district tax collection balances and revenue expenditures), have some transparency, give them all their money back and get out of the business,” Andrews suggested with an observation he said was offered without malice, only to illustrate why his suggestion should be taken seriously.

Town Planning Commission punts to December on approval of N. Royal Ave. Short-Term Tourist Rental (8)

Joe Andrews explains why he thinks the County should get out of the Sanitary District business, including bad advice from staff – that staff listening from table at back of room.

“I don’t think you’re equipped … you folks don’t know the road business. You have no business telling these people how to spend their money. And if they spend it the wrong way – let ’em do it. But you can’t tell them how to spend it when you, yourself don’t know whether it’s right or wrong. And the people that are feeding you the information don’t know,” Andrews concluded with a thank you for his three minutes to present his case.

Softer(?) Farms Sanitary District issues

Earlier Public Comments speaker and Farms resident John Cermak asked the board to deny the Conditional Use Permit (CUP) request of Jeffrey Steven Taylor for Private Use Camping on property located off of Howellsville Road listed under “Unfinished Business” in the meeting agenda. Later, after board and staff review of past issues with stored materials and inoperable vehicles on the property, as well as flooding threats to materials that might be kept for camping uses, the board denied the permitting by a 4-0 vote (Butler absent).

Town Planning Commission punts to December on approval of N. Royal Ave. Short-Term Tourist Rental (9)

(Video) 06/23/22 Planning Commission

Planning Director Matt Wendling explains background on CUP request of Jeffrey Steven Taylor for Private Use Camping on property located off of Howellsville Road. Referencing problems in the property’s history, the board denied the request as Farms resident John Cermak had suggested earlier they should.

Kathleen George then addressed the board concerning “Common Properties” of general use to residents of the Shenandoah Farms Sanitary District. She noted the importance of these properties to residents and the necessity of their upkeep and facilities’ public availability regardless of who had ownership or management authority.

Currently those properties are under the ownership and management authority of the Property Owners of Shenandoah Farms (POSF). POSF, which has been a voluntary membership group creating issues around its status as a POA, was the Farms Sanitary District’s first management entity, circa mid-1990s to 2010/11, and for the next decade official advisors to the County on management issues and Capital Improvement Projects after turning what had climbed to a six-or-seven figure annual Sanitary District management budget over to the county government for direct oversight in 2011. However, the supervisors now appear reluctant to fund POSF for any Sanitary District oversight activities in the wake of POSF’s effort earlier this year to regain management authority by voiding the 11-year-old management agreement between POSF and the County.

That effort, according to POSF officials, was motivated by several years of a lack of financial accounting, and a lack of responsiveness to POSF budget and management inquiries by the new county board majority – Cullers, Mabe, Oates, elected three years ago as “reform” candidates in the wake of the EDA financial scandal. But rather than reinstate POSF as the Sanitary District’s manager, as noted above the county board created its own appointed Farms Sanitary District Advisory Committee, while maintaining Farms Sanitary District management authority, cutting POSF out of the equation, other than the aforementioned Common Properties ownership/upkeep.

Perhaps in a hint of what was to come, that supervisors’ reluctance to fund POSF for its existing common properties management in the Farms comes despite the recommendation of its own Farms Sanitary District Advisory Committee for at least one year of funding of POSF at $52,000 to cover its existing Common Properties ownership, management responsibilities. No action was taken on this matter Wednesday night.

Other business

In other agenda action items, by successive 4-0 votes the board approved one rezoning request and three Conditional Use Permit applications following public hearings. All four were forwarded by the County Planning Commission with recommendations for approval. Those were:

Ray Pennington and W.P. Associates rezoning request from Residential 1 (R-1) to Agricultural (A) for several lots totaling 640+ acres, with as staff noted 741 “previously platted parcels” that are part of a conservation easement accepted by the county in 2012. The staff agenda packet summary noted that: “The applicant is proposing the rezoning to allow for agricultural/forestal land uses and construction of buildings that conform to the Agricultural Zoning district for the large lots which are also consistent with and conforming to uses and development allowed by the conservation easement.” Despite the concern of some neighbors, including Public Hearing speaker Kathleen Mancini, in the vicinity of the property located off Reynolds Dr., Switchback Rd., Elseas Farm Rd., and High Top Rd. in Linden where some past logging activities have occurred, following the background explanation of Planning Director Matt Wendling, on a motion by Supervisor Cook, seconded by Oates, the rezoning was approved by a 4-0 vote.

CUP request of Ryan Wesley Eshelman for Combination of a Single-Family Dwelling Unit and a Commercial Repair Garage & Wrecking Service located at 1034 Rivermont Drive. The staff summary noted: “The property was formerly used as a commercial garage by the applicant’s father, Mark Eshelman who was issued a conditional use permit in October 1987. His father closed the business in 2009 and the permit has since expired. The applicant will be using the existing 36’X 50’ garage shop for repair and will use the existing sign, parking will be along the driveway to the shop on either side. He states that hours of operation will be Monday thru Friday 8:00AM to 5:00PM and that his wife will be the only other employee of the business as an office manager and bookkeeper. All parts and materials related to the auto repair business will be stored inside the garage and storage containers for fluids will be adequately labeled.” On a motion by Oates, seconded by Mabe, the CUP was approved by a 4-0 vote.

CUP request of Cindy L. DuVall for a Short-Term Tourist Rental located at 197 Marissa Court, on a motion by Mabe, seconded by Cook, approved 4-0.

CUP request of Jay Newell for private-use camping (non-commercial) located off Avalon Drive, also approved unanimously on motion by Cook, seconded by Oates.

The board also approved a meeting schedule for calendar year 2023. On a suggestion by Supervisor Oates, the board approved a third scheduling option not submitted by staff, without 9 a.m. meetings scheduled in part to facilitate outside agency monthly updates. Oates noted her and the absent Supervisor Butler’s daytime work schedules in offering the suggestion. Despite some question about its impact on outside agency staff, particularly those traveling from out of town, the board approved the morning-less schedule by a 4-0 vote.

Click here to watch all these discussions and votes in the County video.

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