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Curb & Gutter Waiver Request For 419 and 423 Luray Avenue, again

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At the regular Town Council meeting on October 9th (at 7pm, at the Government Center) Town Council is requested to reconsider their decision pertaining to the waiver of Curb and Gutter at 419/423 Luray Avenue from owner of the two properties, Susan Wines.

The two Wines’ lots in question. Photo by Roger Bianchini.

On August 27, 2018, Council approved the waiver of curb and gutter at 419 & 423 Luray Avenue as requested for a period of five (5) years following the completion of construction with respect to each one of the homes on each lot, or upon the offer of sale of each home to another party, other than the current owners; and, that the current owners execute a written contract and recordable form suitable to the Town Attorney suitable to the terms hereof to the Town with respect to each lot and home as a condition of this waiver, otherwise this waiver could be null and void.

Council amended the motion to include the filing of a lien at the courthouse (rather than a “recordable contract”) on both lots for the installation of the curb & gutter. Mrs. Wines is currently requesting that the recorded contract/lien be placed on her current resident at 16 E. 17th Street so she can sell 419/423 Luray Avenue. The Town Attorney has concurred that by mutual agreement of all the owners of 16 E. 17th Street, Council can substitute 16 E 17th Street as security for the cost of the curb and gutter work at 419/423 Luray Avenue and not use the Luray Avenue as the security for the work.

The Town Attorney has opined on how this could be accomplished in this email:

Long story short—my opinion is that by mutual agreement of all of the owners of the property on 17th Street (if that includes more than just Mrs. Wines) and Town Council, we can substitute the 17th Street Property as security for the cost of the curb and gutter work at 419/423 Luray Avenue, and not use the Luray Avenue property as the security for the work.

Just so you know the legal back ground of the enabling state legislation, it states “[s]uch improvements may be ordered by the governing body and the cost thereof apportioned in pursuance of an agreement between the governing body and the abutting landowners, and, in the absence of such an agreement, the cost of improvements which is to be defrayed in whole or in part by such local tax or assessment”, which I read to mean (1) the local government and the landowner agree how to pay for and secure payment of the curb and gutter work, or (2) in the absence of an agreement, the work should be paid for and payment secured by a tax lien. This indicates that the General Assembly contemplated with approval situations where there should be flexibility in arrangements between the local government and property owners to get these improvements done. I see nothing in the enabling statutes, and can think of no policy reason, that would not allow the parties to substitute security of equal value and soundness where it would benefit the landowner, and still protect the local government’s investment just as equally.

Mechanically, the way I would accomplish this would be to have the owners of the 17th Street property enter into a promissory note to pay a sum certain for the cost of the curb and gutter work, secured by a deed of trust (mortgage) lien on the 17th Street property, all of which is due
and payable in five years (it could be paid in monthly or annual installments if the Wines and the Town preferred). There could also be another written agreement to spell out the terms, if there is anything additional that needs to be spelled out, although most, if not all, the terms can be set out in the promissory note and deed of trust. If there is already a bank loan on the 17th Street property, the Wines might want to check with the bank to make sure the bank has no problem with a second deed of trust to the Town, as sometimes a bank will have problems with that.

Let me know if you have questions with this, and I will be happy to try to answer or get you
additional information.

Douglas W. Napier
Town Attorney
Town of Front Royal, VA

Note: The Town Staff has given an estimate of approximately $8,600 to complete the curb/gutter work in-house at 419/423 Luray Avenue. Mrs. Wines has been notified of this information.

This video is from the previous Town Council work session where they discussed the above curb and gutter waivers.

Video by Mike McCool, Royal Examiner. Content of story from Town Council agenda for October 9, 2018.

Local Government

Warren County Budget Process: Commissioner of the Revenue, Director of Elections and Social Services

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Commissioner of the Revenue Sherry Sours discusses her budget with the Board of Supervisors. Photo and video by Mark Williams, Royal Examiner.

The Warren County Board of Supervisors held work session with County Departments and Constitutional Officers regarding the FY 2019-2020 budget on Tuesday, February 12, 2019.

Royal Examiner  is following the process and in this fourth session, the Commissioner of the Revenue Sherry Sours, Director of Elections Carol Tobin and Social Services Director DeAnna Cheatham was before the Board of Supervisors with their proposed budget items. Each had about 10 minutes to make their case. The final decision will be determined by the Board of Supervisors.

Watch the process:

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Local Government

Warren County Budget Process: Building Inspector, Airport, Shenandoah Farms, and Magistrate

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Warren County Building Inspections Department David Beahm shares his proposed budget to the Board of Supervisors. Photo and video by Mark Williams, Royal Examiner.

The Warren County Board of Supervisors held work session with County Departments and Constitutional Officers regarding the FY 2019-2020 budget on Tuesday, February 12, 2019.

Royal Examiner  is following the process and in this third session, Warren County Building Inspections Department David Beahm, Deputy Administrator Bob Childress and Chief Magistrate Monica Martin each had their ten minute block of time to discuss their proposed budget with the Board of Supervisors. Deputy Administrator Bob Childress discussed the Airport and Shenandoah Farms Sanitary District budget items. The final decision will be determined by the Board of Supervisors.

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Local Government

Warren County Budget Process: Sheriff, Administration and Finance

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Warren County Sheriff Danny McEathron makes his pitch to the Board of Supervisors. Photo and video by Mark Williams, Royal Examiner.

The Warren County Board of Supervisors held work session with County Departments and Constitutional Officers regarding the FY 2019-2020 budget on Tuesday, February 12, 2019.

Royal Examiner  is following the process and in this second session, Warren County Sheriff Danny McEathron, County Administrator Doug Stanley and County Finance Director Andre Fletcher each had their ten minutes in front of the Board of Supervisors to give the highlights of their proposed budget. The final decision will be determined by the Board of Supervisors.

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Local Government

Warren County Budget process underway

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County Administrator Doug Stanley leads the discussion on the FY 2020 Warren County Budget.Photo and video by Mark Williams, Royal Examiner.

The Warren County Board of Supervisors held work session with County Departments and Constitutional Officers regarding the FY 2019-2020 budget on Tuesday, February 12, 2019.

Royal Examiner  will follow the process over the next few weeks. In this first session, County Administrator Doug Stanley gives the committee an overview discussion before the County Departments and Constitutional Offices appear. It’s interesting to hear the discussion and see the detail of what it takes to put a budget together. It’s a slow and long process, but necessary.

 

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Local Government

County Fire & Rescue presents 5-year plan to augment staff, service

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You don’t need them till you need them – and when you do, you appreciate their importance to you and your community. Photos/Roger Bianchini. Video by Mark Williams, Royal Examiner.

Warren County Fire Chief Richard Mabie and Fire Marshal Gerry Maiatico presented a Five-Year Staffing and Implementation Plan to the Board of Supervisors at a February 5 work session. Maiatico utilized a power point presentation (see Royal Examiner video below) to explain the rationale and cost implications to the county’s elected officials who hold the purse strings to realize the plan.

Maiatico stressed that the plan was developed to be “realistic and attainable”, taking into consideration where the county has been, is, and is anticipated to be demographically in five years; as well as where emergency services across the country are. That latter aspect is important as a comparison point to other communities’ departments the County’s Fire & Emergency Services Department must compete against in seeking federal or state grants to help fund operations or departmental expansion.

So far the department has not fared well in such grant applications, Maiatico noted. However, movement toward implementation of the plan presented Tuesday morning will give the department, not only a needed staffing boost, but also improve its competitive position in future grant applications.

“If you don’t swing, you don’t get a hit,” Maiatico said in response to Supervisor Linda Glavis’s frown at the information that emergency services grants are competed for by a nationwide array of emergency services departments.

Gerry Maiatico explains the process and plan to expand county fire & rescue over next five years to meet county needs – Dan Murray, right, and Archie Fox are pictured.

Crucial to the plan titled “Evaluating the Past, Preparing for the Future” is bringing the department into compliance with standards for staffing and response times based on specific community demographics developed by the National Fire Protection Association (NFPA). Those standards are called NFPA 1720.

“How do we meet NFPA 1720 standards to be eligible for grant funding,” Maiatico asked in prefacing the five-year plan he was about to present details of.

The short answer is over a five-year period add a total of 26 uniformed positions to the department’s current paid, uniformed career staffing total of 46 positions. Without significant grant assistance, Maiatico acknowledged such a goal “was not likely” within the recommended time frame.

But you have to start somewhere – and somewhere appears to be tied to a successful application for funding through the Safety for Adequate Fire and Emergency Response (SAFER) Grant Program to add 15 additional staff positions; or failing that, a County commitment to add initial additional staff through County funding likely tied to a tax increase.

“If you don’t have adequate professional fire & rescue it is hard to attract better-paying jobs to the area – that is one thing companies look at when they are considering where to locate or expand,” Board Chairman Dan Murray commented.

A map of county fire & rescue service areas and station locations

The plan for the initial 15 positions, as with the eventual total of 26, would be to place them strategically, including floater positions that could move as countywide needs dictate.

“Some positions are slated to staff and serve additional units in underserved areas of the county, while others are planned to provide essential support services for field personnel,” page 4 of the report states.

The report includes a five-pronged “strategic objectives” plan of departmental priorities. Those objectives are: 24/7 staffing at Rivermont Company 2; increased staffing in high call volume stations; an increase in “floater” positions; adding some support service positions; and an increase in volunteer retention.

“We don’t have a recruiting problem, we have a retention problem – it is too easy to walk away these days,” Maiatico told the supervisors.

On the volunteer side of the department’s current makeup are 65 operational volunteer response personnel, with 45 associate personnel. Those volunteer responders help man eight combination fire and emergency medical staff stations serving more than 39,600 citizens over a 216 square mile county.

And as one person who is alive to write this story due to the timely, approximately two-minute response time, I am told, by Company One’s Advanced Life Support (ALS) unit upon the occasion of my cardiac arrest just over six years ago, I vote – if I had gotten that board vice chairmanship and had a vote – to see that County Emergency Services gets the funding and staffing necessary to adequately cover Warren County as we approach the third decade of the 21st Century.

Because as has been pointed out to me by a number of people since, had Company One’s ALS staff been covering, as they often do, an emergency outside town limits I would not be here now – lobbying for any necessary expansion of their budget to meet departmental needs.

As noted above, see Royal Examiner’s linked video of Gerry Maiatico’s power point presentation detailing a departmental staffing overview and Strategic Five-Year Staffing and Implementation Plan.

 

Oh, and thanks to Paula for keeping me going for those two minutes till Company One’s ALS boys arrived on scene.

A month after his heart abruptly stopped for no good reason this reporter thanks some of those who saved his life the afternoon of Dec. 31, 2012. Photo/Roger’s camera in hands of Co. 1 staff

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Local Government

Holloway says too early to discuss Beer Museum legal challenge

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The Front Royal Town Council hurried through a brief open-meeting agenda – then there were those ongoing closed session EDA debt service issues. Photos by Roger Bianchini, Video by Mark Williams, Royal Examiner.

A perhaps record-setting for brevity 10-minute long regular meeting of the Front Royal Town Council on Monday, February 11, saw an approval, an appointment and adjournment to closed session – a closed session that went on over an hour.

The closed session discussion was of two items requiring private legal counsel regarding “legal mechanisms related to handling potential debt service related to prior and current budget years with respect to the Economic Development Authority”.

During the regular meeting, appointed unanimously to the Urban Forestry Advisory Committee was Jason Lamb; and approved unanimously was a requested revision of proffers by BMW Real Estate LLC for development of a vacant property across John Marshall Highway from Royal Lane at the southeastern entrance into town.

No announcement was forthcoming following the closed session, which included EDA Interim Executive Director John Anzivino and EDA Attorney Dan Whitten, as well as 2 East Main Street LLC architect Jim Burton. The second closed session agenda item involved the Afton Inn property which the 2 East Main Street group is redeveloping.

However, of particular interest was one item that did not make the agenda. Newly-installed Councilman Chris Holloway, a former councilman and vice mayor, cast a lone vote not to add a third closed session item – discussion with legal counsel of David Downes’ Friday filing of a court petition seeking a legal reversal of council’s 4-2 vote denying his request for an off-street parking exemption for his Virginia Beer Museum.

Eugene Tewalt made the motion to add the third closed session item, which as a last-minute addition required a unanimous vote of approval. Queried about his vote keeping the item from being added to the closed session agenda, which drew a surprised glance from Mayor Hollis Tharpe, Holloway said he didn’t believe the discussion was necessary at this point. He noted council had just received information on the filing and observed that as of Monday evening the Town had yet to be served with Downes’ court petition.

Chris Holloway was in no mood to discuss a legal challenge of one of his first majority votes back on council.

As previously reported by Royal Examiner, Downes filing claims the January 14, 4-2 negative vote reversing a December 10, 4-3 vote of approval of the parking exemption request singled Downes out unconstitutionally as “a class of one without any rational basis for treating similarly situated property owners differently that own (a) other art galleries and museums in Town; (b) other properties on the west side of Chester Street between East Main Street and Peyton Street, and (c) other properties on Main Street and Jackson Street that are in the same revitalization area of downtown Front Royal.”

Virginia Beer Museum owner petitions court to overturn parking exemption denial

On January 14 Holloway joined Eugene Tewalt, Gary Gillespie and Bill Sealock in forming that 4-2 majority vote denying Downes’ parking exemption request (Meza and Letasha Thompson voted for approval). That vote reversed a December 10, 4-3 vote approving the request – Sealock, Meza, Morrison, Tharpe for, Tewalt, Connolly, Gillespie opposed.

Asked by the media whether he would consider changing his negative vote as the meeting adjourned to closed session, Holloway said, “I can’t be bullied into changing my vote.”

See all 10 minutes of this believed-to-be historically short regular meeting in this Royal Examiner video:

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