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.
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
Douglas W. Napier
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.
Ed Carter, VDOT report to Board of Supervisors: Route 55-High Knob gets more rumble strips
At the December 11th Board of Supervisors Meeting, Ed Carter from VDOT made his monthly presentation to the Board. Mr. Carter gives updates to VDOT projects in the County.
- Addressed numerous potholes on various hard surface routes with cold mix and anticipate the Same in December.
- Conducted grading and stone application on non-hard surface Routes 652, 610, 607,626, 613, 631 and 639. Several of these routes we covered several times as continued rainfall necessitated. They’ll continue this month as well.
- Used contractor pipe flusher on Routes 603, 638, 636, 650, 631 and 639. Will be continuing for an additional week in December.
- Completed all mowing operations and will cutting brush on Routes 652 and 656 in December.
- Performed shoulder repairs on Route 340 and will continue on various primary routes in December.
- Mobilized and responded to two weather events in November.
Lake Front Drive is awaiting finish pavement layer, which is scheduled for this week in December, weather permitting.
Ashby Station Road and Rocky Lane environmental permits were not cleared by November 30th. New date is December 10th. As soon as VDOT has the permits, staff will be meeting with the contractor to begin pipe replacements.
Existing rumble strips have been refreshed and a new set installed closer to the intersection at High Knob. Traffic Engineering is working to verify flasher sensor lights will work at this location. Residency Administrator met with High Knob Owner’s Association on November 12th to address their concerns.
Signal Group is evaluating timing at Country Club Road and Route 340/522 for extending green time from Country Club.
Town Council wrestles with new property maintenance authority
FRONT ROYAL – It’s rough having the power – especially when you’ve pursued it for so long, then finally achieve it.
That is the situation the Front Royal Town Council wrestled with at a December 3 work session – how to approach enforcement of a property maintenance code that allows it the same powers as cities and counties to enforce building maintenance standards within its boundaries.
As Royal Examiner readers may recall from tracking the issue over the course of the last year and a half, the dilemma is that while the town’s elected officials want the ability to enforce standards that will improve the overall look, livability and property values of Front Royal, how much is it going to cost the town government and its citizens to achieve these things?
The one dissenting vote to both readings of the new property maintenance code, Vice-Mayor Eugene Tewalt, has continued to predict unexpectedly high costs, even for what has been described as a lower-cost, middle ground option adopted by council nearly two months ago. Tewalt has also been critical of his younger council colleagues for continuing to approve capital improvements, and now additional code enforcement, without creating revenue streams to pay for either long-term debt service or required staff additions.
However, undiscussed thus far has been the potential return on investment from more aggressive enforcement if a corresponding rise in property values leads to increased real estate tax-base revenue.
After months of debate dating to at least July of 2017 for this council, on October 22, 2018 council approved the second reading of a new property maintenance code that took the above-described middle ground approach of five options presented by staff. That option, formerly known as Option C, enforcement-wise “addresses all structures in the Town”; “addresses maintenance issues” and “can be enforced on a complaint basis or proactive enforcement”.
At the December 3 work session Chris Morrison pushed for immediate implementation of that option – “I think things can be implemented now – tell me if I’m wrong,” Morrison challenged his colleagues.
He also suggested council give citizens some clarity on the parameters of what has been approved – that citizens can initiate action through complaints to the town government.
Morrison has been the chief council proponent of a new property maintenance code and a rental inspection program, the latter eliminated from consideration by a council majority as definitely too expensive to implement. And on the back end of his council tenure having failed to hold his seat in the November election, Morrison seemed driven to see a commitment to forward movement on what has been adopted by his colleagues before the end of his council tenure come January.
Morrison suggested outsourcing the role of a building inspector to make legal judgments on mandated repairs or demolition in the absence of council agreeing to fund creation of its own building inspection department. Morrison noted that council had set aside funds toward some kind of implementation of a building inspection operation. While he cited $40,000 available, staff appeared to put the amount as high as $75,000 in past work session discussion.
“So why can’t we outsource now … why can’t we do it immediately?” Morrison asked his colleagues.
“If we do it under those conditions I have no problem starting with blighted buildings,” Tewalt replied of a proactive approach with outsourcing as necessary when town mandates on corrective action are challenged by property owners.
Councilman William Sealock suggested bypassing use of Warren County’s Building Inspection Department and utilization of town staff for initial phases up to the point where a state-certified official whose opinion would have legal standing in court was needed. Morrison agreed.
Town Manager Joe Waltz suggested revisiting the option of partnering with the Town of Strasburg in enforcing a property maintenance code. Like Front Royal now, Strasburg has taken the first step of approval of a property maintenance code but has yet to begin enforcement due to cost parameters.
“We can put it out there and see what kind of prices are set,” Waltz suggested.
“We can start slow – there’s nothing wrong with doing it right,” Mayor Hollis Tharpe suggested of a measured, slow and inexpensive approach to implementation.
“We’ll let Joe get behind the wheel,” the mayor said of having the town manager explore enforcement and outsourcing options.
“We need time so the town manager can put a plan together,” Sealock observed.
“I will move as fast as I can,” Waltz replied.
Morrison said he felt some good had come out of the discussion that will allow the Town to move on complaints forwarded by citizens, as well as initiate proactive movement against derelict structures. However Morrison worried at the lack of “closure” on a process as council’s final meeting of 2018 approached on December 10.
Downtown parking: Mayor breaks tie vote on Virginia Beer Museum parking exemption request
There were two issues on Downtown parking at the December 10th Town Council meeting. The first dealt with designating and authorizing the Town Manager regarding the installation and placement of traffic signs and parking regulations and to remove all references to the On-Street Parking Policy in the Town Code by rescinding the 1993 Resolution authorizing approval of the On-Street Parking Policy. Download the this agenda item and background information here.
The second was a public hearing on exempting off street parking for the Virginia Beer Museum. Mayor Tharpe broke the tie vote on the first reading. Download the this agenda item and background information here.
These issues will be back on the agenda for the second reading.
BOS: Public Hearing Jan 22nd to adopt new rules for public presentations
At the December 11th Meeting of the Warren County Board of Supervisors, County Attorney Dan Whitten ask for authorization to advertise for a public hearing on January 22, 2019 to amend the Warren County Code Section 56-3 re: rules for Address to the Board of Supervisors by Nonmembers During Public Comment Period.
Watch the discussion.
Ordinance Amendment to Town Code Chapter 72 (Special Events)
During a recent Business Forum several business owners discussed concerns with parking during Special Events held in the Gazebo Area located at Main and Chester Streets in Downtown Front Royal. Town Staff has proposed amendments to Chapter 72 to help alleviate this concerns and has also changed other areas of Chapter 72 to make the Chapter more user friendly.
Town Council honors departing Connolly and Morrison
At the December 10th Town Council meeting, Mayor Hollis Tharpe presented each departing Councilman plaques in recognition of their service to the Town of Front Royal.