at a regular meeting of the board of supervisors of … 18 2015 board...1 at a regular meeting of...

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1 At a regular meeting of the Board of Supervisors of the County of Warren held in the Warren County Government Center on August 18, 2015 at 7:00 p.m. Present: Richard H. Traczyk, Chairman (Shenandoah District); Linda P. Glavis, Vice-Chairman (South River District); Tony F. Carter (Happy Creek District); Archie A. Fox (Fork District); Daniel J. Murray, Jr. (North River District); also Douglas P. Stanley, County Administrator; Robert B. Childress, Deputy County Administrator; Kathleen Dellinger, Finance Director; Taryn G. Logan, Planning Director; David Beahm, Building Official; Dan N. Whitten, Assistant County Attorney; Matt Wendling, Planner; Janice C. Standridge, Deputy Clerk of the Board; Alex Bridges, Northern Virginia Daily; Tim Ratigan, Warren County Report; and Anne Elgin, Warren Sentinel Absent: Blair D. Mitchell, County Attorney Adoption of Agenda - Additions or Deletions Mr. Stanley asked that the Board remove the public hearings on requests from Benjamin McMahon for a zoning text amendment to provide for agricultural event centers and a conditional use permit for an agricultural events center. Both items had been withdrawn by the applicant. Mr. Stanley also asked that the Board add to the agenda under new business the adoption of an emergency ordinance to relocate the Otterburn Voting Precinct from the Rivermont Volunteer Fire Department to the Front Royal- Warren County Airport Terminal and authorization to advertise for public hearing ON a proposed ordinance to amend the Warren County Code to relocate the Otterburn Voting Precinct FROM THE Rivermont Volunteer Fire Department to the Front Royal-Warren County Airport Terminal. On a motion by Mrs. Glavis, seconded by Mr. Murray, and by the following vote, the Board of Supervisors adopted the agenda as amended above: Aye: Carter, Fox, Glavis, Murray, Traczyk

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Page 1: At a regular meeting of the Board of Supervisors of … 18 2015 board...1 At a regular meeting of the Board of Supervisors of the County of Warren held in the Warren County Government

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At a regular meeting of the Board of Supervisors of the County

of Warren held in the Warren County Government Center on August

18, 2015 at 7:00 p.m.

Present: Richard H. Traczyk, Chairman (Shenandoah District);

Linda P. Glavis, Vice-Chairman (South River District);

Tony F. Carter (Happy Creek District); Archie A. Fox

(Fork District); Daniel J. Murray, Jr. (North River

District); also Douglas P. Stanley, County

Administrator; Robert B. Childress, Deputy County

Administrator; Kathleen Dellinger, Finance Director;

Taryn G. Logan, Planning Director; David Beahm,

Building Official; Dan N. Whitten, Assistant County

Attorney; Matt Wendling, Planner; Janice C.

Standridge, Deputy Clerk of the Board; Alex Bridges,

Northern Virginia Daily; Tim Ratigan, Warren County

Report; and Anne Elgin, Warren Sentinel

Absent: Blair D. Mitchell, County Attorney

Adoption of Agenda - Additions or Deletions

Mr. Stanley asked that the Board remove the public hearings

on requests from Benjamin McMahon for a zoning text amendment to

provide for agricultural event centers and a conditional use

permit for an agricultural events center. Both items had been

withdrawn by the applicant. Mr. Stanley also asked that the

Board add to the agenda under new business the adoption of an

emergency ordinance to relocate the Otterburn Voting Precinct

from the Rivermont Volunteer Fire Department to the Front Royal-

Warren County Airport Terminal and authorization to advertise

for public hearing ON a proposed ordinance to amend the Warren

County Code to relocate the Otterburn Voting Precinct FROM THE

Rivermont Volunteer Fire Department to the Front Royal-Warren

County Airport Terminal.

On a motion by Mrs. Glavis, seconded by Mr. Murray, and by

the following vote, the Board of Supervisors adopted the agenda

as amended above:

Aye: Carter, Fox, Glavis, Murray, Traczyk

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Presentation – Certificate of Achievement for Excellence in

Financial Reporting - Government Finance Officers Association –

Tanya Burrell/Kathleen Dellinger

Mrs. Kathleen Dellinger, Finance Director, introduced Tanya

Burrell, Chair of the Awards Committee for the Virginia

Government Finance Officers Association and Chief of Financial

Operations Division for Fairfax County.

On behalf of the Virginia Government Finance Officers

Association, Ms. Burrell presented to the Board of Supervisors

and Chairman Traczyk an award for Warren County’s first

Certificate of Achievement for Excellence in Financial Reporting

conferred on July 21 by the National Government Finance Officers

Association. The GFOA established the certificate program to

encourage and assist state and local government to go beyond the

minimum requirements of generally accepted accounting principles

to prepare comprehensive annual financial reports (CAFR) that

evidenced the spirit of transparency and full disclosure. The

annual report had been reviewed by an impartial panel to meet

the highest standards of the achievement program. It

demonstrates a constructive spirit of full disclosure to clearly

communicate the County’s financial story and to motivate

potential users of the CAFR, which includes the annual report

from independent auditors, management’s discussion and analysis,

the basic fund and government-wide financial statements, a

summary of significant accounting policies and footnote

disclosures, required information and statistical analysis. The

Certificate of Achievement is the highest form of recognition in

governmental accounting and financial reporting and its

attainment represents a significant accomplishment by a

government and its management. Currently, there were only 37

counties of the 95 in Virginia who have achieved this and only a

total of 4,110 awards were awarded nationally by the GOFA. In

addition to this award, Warren County has received the

Distinguished Budget Award for the last five years. This award

was for the County’s comprehensive annual financial report for

fiscal year ending June 30, 2014 recognizing the efforts of the

County’s financial management team. She recognized Carolyn

Stimmel, retired Finance Director; Andre Fletcher, Deputy

Director of Finance; and Doug Stanley, County Administrator.

Mr. Traczyk said on behalf of the Board, they were very

proud of the County’s staff who did an excellent job.

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Public Presentations – Public Presentations are limited to

issues that are not the subject of a public hearing. It is

intended as an opportunity for the public to give input on

relevant issues and not intended as a question and answer

period.

Representing the Appalachian Trail Community Steering

Committee, Ms. Sonja Carlborg, 210 West 1st Street, Front Royal,

noted that the movie “A Walk in the Woods” was being released on

Labor Day Weekend. She also noted that there was an article

about Front Royal in a nationally distributed magazine by the

Appalachian Trail Community (ATC). She invited the Board to the

first Appalachian Trail Community Summit scheduled for November

2-4 at the National Conservation Training Center in

Shepherdstown, West Virginia. There were 35 communities

designated as Appalachian Trail Communities and each received

two free attendances at the summit including food and lodging.

The local committee will commute daily so the two paid positions

can be given to a representative from the Town and one from the

County. She noted that Bébhinn Egger from the Town will be

attending.

Mr. Hugh Fesperman, 476 Richardson Road, Strasburg, noted

that at a previous Board meeting he had submitted a petition

with 31 signatures opposing Benjamin McMahon’s requests for an

agricultural events center and he wished to submit an additional

73 signatures from four districts because he felt it would

impact the entire County.

Mr. Fesperman addressed the Board on Benjamin McMahon’s

request for a short-term tourist rental, which had been tabled

by the Board. He said the request should not have made it to

the Board because there was no application on file for the

request. He stated that the only application on file was dated

16 months (prior) and it requested private events. He said the

application contained incorrect information such as the owner

and the lack of a signature of acceptance and date. He pointed

out that the application stated, “Please note that if the

required documents are not provided or the application is

incomplete, your application will not be placed on the Planning

Commission agenda.” He said proper procedures should be

followed. He continued that he was not against the short-term

tourist rental provided it included certain conditions; but he

felt everyone should follow proper procedures.

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Reports - Board Members, County Administrator, County Attorney

Mrs. Glavis reported the following:

She attended the Local Emergency Planning meeting at the

Public Safety Building on August 13. Woody Brown of the

Virginia Department of Emergency Management presented

videos and pictures identifying various types of hazardous

substances and the dangers they presented. The committee

discussed the possibility of a future regional drill in

preparation for various emergency situations.

She attended the Community Policy Management Team on August

18.

The Board held a public hearing on the McMahon short-term

tourist rental in July and she asked if the Board would

consider bringing it back to the table at the Board’s

September 1 meeting for action. Mr. Traczyk said he had no

objection provided the applicant had met all the

requirements. Since the public hearing had been closed,

Mr. Carter said the public could make comments during

public presentations. There was a general consensus to

include this on the Board’s September 1 agenda.

Mr. Traczyk reported the following:

He attended the Warren County Public School reception.

Sixty teachers left Warren County this year. He discussed

staff and wages with Division Superintendent Greg Drescher.

He said they had been investing funds into school

infrastructure and had not paid enough attention to

salaries, which he felt the Board should address in the

near future.

He attended the Waggins for Dragons Race at the river. The

Humane Society raised about $15,000. Members of County

staff participated.

He attended the Rockland Historical area meeting held by

VDOT to establish a historical district.

He received 25-30 phone calls most of which dealt with the

proposed agricultural events center.

Mr. Murray reported the following:

He attended the National Night Out and Senator Mark

Obenshain attended as well.

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He attended the Warren County Fair and Senator Obenshain

attended as well. He congratulated his wife who received

2nd and 3

rd place ribbons for her oil paintings.

The Air Show Committee met every Wednesday and they were

seeking volunteers and vendors. The Air Show “Wings and

Wheels” would be held September 12, 2015.

He attended the Waggin for Dragons boat race.

He attended the hops festival at the Backroom Brewery.

He attended Chris Collins’ picnic. Chris Collins, former

Frederick County Supervisor, was running for the House of

Delegates.

Blood donations were taken at the Government Center

recently and he encouraged everyone to donate blood.

He attended Company 10’s breakfast and encouraged everyone

to support the community fire stations.

About 92% of his voicemails regarded a very contentious

situation in his district. Some met with him at his home

and some met him at the Elks Lodge.

Mr. Stanley reported the following:

Development Review Committee – The Development Review

Committee met on July 22 and discussed projects in the

County including the Divine Assistance Academy, Hidden

Springs Assisted Living facility, The Mint House,

Interchange Phase II Warehouse and pending projects in the

Riverton Commons Shopping Center, e.g. Urgent Care

facility, ALDI Grocery, and Wal-Mart fueling islands. They

also discussed Town projects including Leach Run Parkway,

Angels Corner Daycare, Workforce Housing, and updates on

the previous month’s items. The Committee will meet again

on August 26.

Rockland Historic District – A public hearing on the

proposed Rockland Historic District was held at the

Rockland Community Church on August 11, 2015. There will

be a 30-day comment period from the date of the hearing.

The Virginia Board of Historic Resources will consider the

creation of the district at its meeting on September 17.

Toray Plastics – The Warren County Planning Commission, at

its meeting on July 8, approved a site plan for Toray

Plastics for a 16,889 square foot addition to their

manufacturing facility. Toray will add approximately 18

jobs with the expansion.

Department of Social Services – The Department of Social

Services will be collecting donations August 31 through

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September 24 for their annual yard sale to benefit children

in the foster care program. Residents are urged to

consider donating gently used toys, clothing and furniture.

For additional information contact Michelle Smeltzer at

(540) 635-3967 ext. 3355.

EnerGov Software – Staff continued to work towards

configuring the EnerGov software and continued to see the

complexity of the software on what they do on a daily

basis. The onsite User Acceptance Training was pushed out

to the next acceptable time of September 21 delaying the

go-live date to November 2. Staff visited Fauquier County

who implemented the software package about 18 months ago

and they recommended that everything be in place before

going live.

Warren County Government Center – The County awarded a

contract to Lantz Construction of Winchester to provide

security upgrades to the Commissioner of the Revenue and

Treasurer’s Office areas and to install sound panels in the

Board Room to improve acoustics. The project should begin

around September 1.

Leach Run Parkway – The County continued to work with the

Town, EDA staff, and project engineer to reduce the project

scope and cost to more closely fit the available funding.

He hoped to be able to discuss a path forward by September

1.

2nd Middle School – The School Board awarded a contract in

the amount of $32,223,000 to Howard Shockey & Sons

Construction. The site plan for the project will be on the

Town Planning Commission agenda at its meeting on August

19. Shockey is prepared to start as soon as necessary

permits have been obtained.

Shenandoah Farms Sanitary District – Old Oak Phase II and

Phase III revenue sharing/rural addition projects were near

completion.

Warren County Courthouse/Court Holding – The County reduced

the scope of the project and performed demolition work

after bids came in over budget last year. Bids were now

due August 20.

Public Safety Building (PSB) Cell Antennae – Verizon was

placing a cell antenna on the PSB communications tower,

which should improve cell service on the southern end of

Town for Verizon customers. This project should be

completed in September.

In response to questions from the Board, Mr. Stanley

provided the following:

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The Verizon cell antenna will improve service towards

Luray, particularly in the low areas where there had been

gaps in service previously around Route 340 and Route 619.

The Department of Social Services (DSS), Health Department,

and School Maintenance would relocate to the Warren County

Health and Human Services Complex.

The County was working with a realtor on the sale of the

former work release building and DSS building. The DSS

should be relocating to the Health and Human Services

Complex by January 1. There was expansion room for the

Health Department and DSS.

The County selected EnerGov to host the County’s permit

software and provide its own security.

Page County had not yet decided on whether or not it would

join the RSW Regional Jail based on the offer from RSW.

There should be about $1 million to $2 million available in

contingency funds left over for other capital improvement

projects.

Portions of Pine Ridge, Copenhaver, and Western Lane would

be improved in the FY 2016 construction cycle, but there

was a portion of Old Oak that was on the 5-year Capital

improvement Plan and one was not.

Mr. Whitten reported that the County was served with a

lawsuit (Fuller v Board of Supervisors), which was similar to

the Salahi lawsuit challenging the Board’s denial of a short-

term tourist rental. Fuller’s attorney was awaiting the outcome

of Salahi’s appeal to the Supreme Court. Until that time the

County has delayed filing any answer to that case.

Mr. Murray reported that on August 14 there was a

dedication of the Civil War Trails marking at the Riverton boat

landing commemorating the 151st anniversary of the Battle of

Guard Hill. Suzanne Silek did an excellent job and Patrick

Farris was very informative. One of Ms. Silek’s ancestors had

escaped capture by climbing the face of Guard Hill. The burning

of the valley of 1864 began in Warren County.

Public Hearing - 2015-06-01 Brian Shannon McGann – Conditional

Use Permit for Private Use Camping – Matt Wendling

Mr. Wendling noted that Brian McGann submitted an

application for a conditional use permit for private use camping

on property located on Farms Riverview Road in Shenandoah Farms

Subdivision, identified on Tax Map 15D, Section 1, Block 3 as

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Parcel 15, and zoned Residential One (R-1). The property was

located in the Special Flood Hazard Area (A-E) within the

floodway. Inasmuch as the parcel was located at the end of

Myers Drive, Mr. Childress suggested that the County include a

condition that the applicant provide a 20-foot drainage easement

across the applicant’s property if needed for future road

improvements.

The Planning Commission forwarded the application to the

Board recommending approval with the following conditions:

1. The campers are to be kept in road worthy condition with

valid tags and inspection decals.

2. Materials associated with the campers are to be stored in a

neat and orderly fashion during the time of use and are to

be removed from the site when not in use.

3. Campers shall be on site fewer than 180 consecutive

calendar days in any one year for recreational use of the

property only.

4. The applicant shall comply with all Warren County Health

Department regulations and requirements.

5. No more than two major recreational vehicles as defined by

Section 180-10(B)(1) of the Warren County Zoning Ordinance

or tents shall be parked, stored, or used on any lot or

combination of contiguous lots under the ownership of one

party.

6. This permit shall be reviewed by the Warren County Planning

staff annually for compliance.

7. The applicant shall comply with Section 180-40.1 of the

Warren County Zoning Ordinance regarding noncommercial

camping (private use camping).

8. The applicant shall post property with a lot/parcel number

for Fire and Rescue Services and have an emergency egress

plan for removal of the recreational vehicles during a

flood event.

9. If a port-a-john is leased for use, a copy of the contract

shall be submitted annually to the Planning Department.

10. The applicant shall dedicate a 20-foot drainage easement

along the length of his property at a location on the

property and by a date to be determined by the Virginia

Department of Transportation, the County, and the

Shenandoah Farms Sanitary District Manager.

Mr. Wendling said the applicant was in agreement with

condition 10 and asked that the County use riprap to address

potential erosion issues.

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Mr. Traczyk opened the public hearing. There was no input

from the public. Mr. Traczyk closed the public hearing.

On a motion by Mr. Murray, seconded by Mrs. Glavis, and by

the following vote, the Board of Supervisors approved the

conditional use permit request of Brian Shannon McGann for

private use camping with the conditions as recommended by the

Planning Commission and staff:

Aye: Carter, Fox, Glavis, Murray, Traczyk

1. The campers are to be kept in road worthy condition with

valid tags and inspection decals.

2. Materials associated with the campers are to be stored in a

neat and orderly fashion during the time of use and are to

be removed from the site when not in use.

3. Campers shall be on site fewer than 180 consecutive

calendar days in any one year for recreational use of the

property only.

4. The applicant shall comply with all Warren County Health

Department regulations and requirements.

5. No more than two major recreational vehicles as defined by

Section 180-10(B)(1) of the Warren County Zoning Ordinance

or tents shall be parked, stored, or used on any lot or

combination of contiguous lots under the ownership of one

party.

6. This permit shall be reviewed by the Warren County Planning

staff annually for compliance.

7. The applicant shall comply with Section 180-40.1 of the

Warren County Zoning Ordinance regarding noncommercial

camping (private use camping).

8. The applicant shall post property with a lot/parcel number

for Fire and Rescue Services and have an emergency egress

plan for removal of the recreational vehicles during a

flood event.

9. If a port-a-john is leased for use, a copy of the contract

shall be submitted annually to the Planning Department.

10. The applicant shall dedicate a 20-foot drainage easement

along the length of his property at a location on the

property and by a date to be determined by the Virginia

Department of Transportation, the County, and the

Shenandoah Farms Sanitary District Manager.

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Public Hearing - 2015-06-02 Avinash Patwardhan - Conditional Use

Permit for Private School for Yoga Instruction – Taryn Logan

Mrs. Logan noted that Avinash Patwardhan applied for a

conditional use permit for a private school for yoga instruction

on property located at 380 Honey Farm Lane in Shenandoah Farms

Subdivision, identified on Tax Map 15E, Section 1, Block 1 as

Parcel 154A, and zoned Residential One (R-1). Dr. Patwardhan

wished to teach the fundamentals of yoga to clients at his home

in order to become yoga instructors or to practice yoga. He

would also offer yoga retreats during the day with a group of 5-

7 clients.

The Planning Commission forwarded the application to the

Board recommending approval with the following conditions:

1. All private school activities shall be conducted inside the

dwelling.

2. The hours of operation shall be between 9:00 a.m. and 5:00

p.m.

3. The maximum number of people at the yoga instructional

retreat shall be seven.

4. The owner shall post the house number in a location that is

visible to clients coming to the property.

5. There shall be no parking in the right-of-way or over the

existing drainfield.

In response to inquiries from Mr. Fox, Mrs. Logan stated

that the Planning Commission had visited the site and there was

sufficient parking. The Planning Commission recommended posting

the house number so visitors would not miss the house and have

to turn around on someone else’s property.

Mr. Murray understood the septic system was maxed out at

300 gallons per flow per day and there would be no overnight

retreats. Mrs. Logan said that was correct. The retreats would

be held during the day and the hours of operation were limited

to 9:00 a.m. to 5:00 p.m.

Mr. Traczyk opened the public hearing. There was no input

from the public. Mr. Tracyzk closed the public hearing.

On a motion by Mrs. Glavis, seconded by Mr. Murray, and by

the following vote, the Board of Supervisors approved the

conditional use permit request of Avinash Patwardhan for a

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private school for yoga instruction with the conditions

recommended by the Planning Commission:

Aye: Carter, Fox, Glavis, Murray, Traczyk

1. All private school activities shall be conducted inside the

dwelling.

2. The hours of operation shall be between 9:00 a.m. and 5:00

p.m.

3. The maximum number of people at the yoga instructional

retreat shall be seven.

4. The owner shall post the house number in a location that is

visible to clients coming to the property.

5. There shall be no parking in the right-of-way or over the

existing drainfield.

Public Hearing - 2012-04-02 Conditional Use Permit for Private

School – Dian Schmiedicke - Modification of Conditional Permit

to Increase Maximum Number of Occupants from 24 to 49 including

Students and Staff – Matt Wendling

Mr. Wendling noted than Dian Schmiedicke applied for a

modification to Conditional Use Permit 2012-04-02 for a private

school to increase the maximum number of occupants from 24 to

49, which included students and staff. The property is located

at 6294 Browntown Road, identified on Tax Map 28 as Parcel 119A,

and zoned Agricultural (A). If approved, VDOT recommended

upgrading the existing egress and ingress from low volume

commercial standards to moderate volume commercial standards and

replacing the 24” corrugated pipe under the egress and ingress.

A land use permit would be required for the upgrade. Problems

with landscaping and placement of sign in the right-of-way had

been resolved. Arrangements for the removal of a tree had been

made. Also, if approved, the Building Official indicated that

the use would have to be changed from the business use group.

The Health Department stated that the current drainfield would

accommodate up to 45 students not to exceed 8 hours per day.

There are no showers on site. Ms. Schmiedicke said she did not

mind reducing the number from 49 to 45. If the number was

increased more than 45, the applicant would need a new

drainfield with a reserve area and the applicant would have to

obtain an easement on an adjacent parcel in order to install a

drainfield. The applicant will need to upgrade the well and an

operational permit must be issued.

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The Planning Commission forwarded the application to the

Board recommending approval with the following conditions:

1. The private school shall be limited to a maximum of 45

occupants which include students and staff using the

facility at any one time.

2. The applicant shall meet all Warren County Health

Department requirements within one year prior to the

additional increase in occupancy to 45 students and staff

as noted in their letter dated July 24, 2015 for both well

and septic upgrades.

3. This permit shall be reviewed annually by the Warren County

Planning Department for compliance.

4. A satisfactory bacteriological water test result shall be

submitted annually to the Warren County Health Department

and the Warren County Planning Department.

5. The applicant shall meet all Virginia Department of

Transportation requirements as noted in their letter from

July 23, 2015 including maintenance of site distance

requirements, directional arrow placement, replacement of

the existing culvert pipes, entrance upgrades to “moderate

volume” commercial standards and sign setbacks from the

public road right-of-way.

Mrs. Glavis inquired about the hours of operation. She was

concerned about how much water would be needed. Ms. Schmiedicke

stated that she supplied bottled water for drinking. The hours

of operation were from 8:30 a.m. to 2:50 p.m. Monday through

Thursday. Mrs. Glavis asked when the number of students would

increase. Ms. Schmiedicke stated that there was interest in

increasing the number of students and she was hopeful she could

increase this year. She felt certain that she could address the

conditions over the course of a year. She was currently working

with a well-driller and she was confident that they only had to

modify the existing well as opposed to drilling a new well.

Mr. Carter asked if there was a requirement on the number

of water closets per number of students. Mr. Wendling said the

Health Department and the Building Official did not address it.

Mr. David Beahm, Building Official, said it was covered under

the building code change of use.

Mr. Murray asked for the interpretation of “at some point

in time.” Mr. Wendling said that VDOT requirements to replace

culverts would be within a year. Should the cost for these

improvement prove unfeasible, Ms. Schmiedicke had indicated that

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she may look for another facility. The major concerns were the

Health Department requirements.

Mr. Traczyk opened the public hearing. There was no input

from the public. Mr. Traczyk closed the public hearing.

On a motion by Mrs. Glavis, seconded by Mr. Murray, and by

the following vote, the Board of Supervisors approved the

request to modify the conditional use permit 2012-04-02 with the

changes in conditions as recommended by staff:

Aye: Carter, Fox, Glavis, Murray, Traczyk

1. The private school shall be limited to a maximum of 45

occupants which include students and staff using the

facility at any one time.

2. The applicant shall meet all Warren County Health

Department requirements within one year prior to the

additional increase in occupancy to 45 students and staff

as noted in their letter dated July 24, 2015 for both well

and septic upgrades.

3. This permit shall be reviewed annually by the Warren County

Planning Department for compliance.

4. A satisfactory bacteriological water test result shall be

submitted annually to the Warren County Health Department

and the Warren County Planning Department.

5. The applicant shall meet all Virginia Department of

Transportation requirements as noted in their letter from

July 23, 2015 including maintenance of site distance

requirements, directional arrow placement, replacement of

the existing culvert pipes, entrance upgrades to “moderate

volume” commercial standards and sign setbacks from the

public road right-of-way.

Public Hearing - Z2015-06-01 Warren County Planning Commission –

Proposed Ordinance to Amend and Re-ordain Section 180-62

(Variances) of the Warren County Code to Adopt New Standards set

out in the Virginia Code for Granting a Variance; to Add

Language regarding Conditions for Granting a Variance; and to

Add Language regarding the Burden of Proof for a Variance – Dan

Whitten

Mr. Whitten noted that effective July 1, 2015, the Virginia

Code was amended changing the definition and standards for

granting a variance. The proposed amendments to Section 180-62

of the County Code would allow a variance from zoning provisions

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regarding the shape of a parcel of land and the height of a

building or structure. The County Attorney’s Office also

proposed amendments to the standards for granting a variance by

meeting four conditions, amendments to allow the Board of Zoning

Appeals to place conditions on the property regarding the

location, character, and features of the proposed structure or

use, and placing the burden of proof on the applicant and

establishing that the standard of proof was preponderance of

evidence. All the proposed amendments mirrored the language in

the Virginia Code.

The Planning Commission forwarded the proposed ordinance

amendments to the Board recommending approval.

Mr. Traczyk opened the public hearing. There was no input

from the public. Mr. Traczyk closed the public hearing.

Finding that the proposed amendments to Section 180-62 of

the Warren County Code are required and are appropriate for the

public necessity, convenience, and general welfare and are good

zoning practice, Mr. Murray made a motion that the Board of

Supervisors approve the proposed amendments. The motion was

seconded by Mrs. Glavis and approved by the following vote:

Aye: Carter, Fox, Glavis, Murray, Traczyk

AN ORDINANCE TO AMEND AND RE-ORDAIN SECTION 180-62

OF THE WARREN COUNTY CODE TO ADOPT NEW STANDARDS SET OUT

IN THE VIRGINIA CODE FOR GRANTING A VARIANCE; TO ADD

LANGUAGE REGARDING CONDITIONS FOR GRANTING A VARIANCE; AND TO

ADD LANGUAGE REGARDING THE BURDEN OF PROOF FOR A VARIANCE

BE IT ORDAINED BY THE WARREN COUNTY BOARD OF SUPERVISORS that

Section 180-62 of the Warren County Code (Variances) be amended

and re-ordained as follows:

CHAPTER 180. ZONING

ARTICLE VI. ADMINISTRATION

§ 180-62. Variances.

A. General procedure. Any property owner, tenant, government

official or agency may apply for a variance for a

reasonable deviation from those provisions regulating the

shape, size or area of a lot or parcel of land or the

size, height, area, bulk or location of a building or

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structure. from the terms of this chapter when, owing to

special conditions, a literal enforcement of this chapter

will result in unnecessary hardship. Application for such

variance shall be filed with the Zoning Administrator,

together with such maps, charts, drawings or other data as

the applicant believes will support his application. The

Administrator shall furnish promptly to each member of the

Board of Zoning Appeals a summary of such application and

obtain their concurrence in a date for a public hearing on

the application, which shall be advertised and adjacent

property owners notified in accordance with § 15.2-2204,

Code of Virginia, as amended. Upon conclusion of the

hearing, the Board of Zoning Appeals may grant the

variance in whole or part, with or without conditions, or

deny the application. In any case, the Board of Zoning

Appeals shall reach its decision within 60 days of the

public hearing and promptly inform the applicant of its

decision. Violation of the conditions imposed with the

variance shall be deemed to be a violation of this

chapter.

B. Required standards.

(1) A variance shall be granted if the evidence shows that

the strict application of the terms of the ordinance

would unreasonably restrict the utilization of the

property or that the granting of the variance would

alleviate a hardship due to a physical condition

relating to the property or improvements thereon at

the time of the effective date of the ordinance, and

the property meets the following conditions: To grant

a variance. To grant a variance, the BZA shall make

specific findings, based on the evidence before it,

that the application satisfies all of the following

requirements:

(a) The property interest for which the variance is

being requested was acquired in good faith and

any hardship was not created by the applicant for

the variance. That the subject property was

acquired in good faith.

(b) The granting of the variance will not be of

substantial detriment to adjacent property and

nearby properties in the proximity of that

geographical area. That the subject property has

at least one of the following characteristics at

the time of the effective date of this chapter:

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[1] Exceptional narrowness;

[2] Exceptional shallowness;

[3] Exceptional size;

[4] Exceptional shape;

[5] Exceptional topographic conditions;

[6] An extraordinary situation or condition of

the subject property; or

[7] An extraordinary situation or condition of

the use or development of property

immediately adjacent to the subject

property.

(c) The condition or situation of the property is not

of so general or recurring a nature as to make

reasonably practicable the formulation of a

general regulation to be adopted as an amendment

to the ordinance. That the condition or

situation of the subject property is not of so

general or recurring a nature as to make

reasonably practical the formulation of a general

regulation to be adopted by the Board of

Supervisors as an amendment to this chapter.

(d) The granting of the variance does not result in a

use that is not otherwise permitted on such

property or a change in the zoning classification

of the property. That the strict application of

this chapter would produce undue hardship.

(e) That such undue hardship is not shared generally

by other properties in the same zoning district

and the same vicinity.

(f) That the strict application of this chapter would

effectively prohibit or unreasonably restrict use

of the subject property, or

(g) That the granting of a variance will alleviate a

clearly demonstrable hardship approaching

confiscation as distinguished from a special

privilege or convenience sought by the applicant.

(h) That authorization of the variance will not be of

substantial detriment to adjacent property

owners.

(i) That the character of the zoning district will

not be changed by the granting of the variance.

C. Burden of Proof. The burden of proof shall be on the

applicant to prove by a preponderance of the evidence

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that the application meets the standard for a variance

as defined in the criteria set out in this section.

D. Conditions. In granting a variance, the Board of

Zoning Appeals may impose such conditions regarding

the location, character and other features of the

proposed structure or use as it may deem necessary in

the public interest, and may require a guarantee or

bond to ensure that there will be compliance with the

conditions.

THIS ORDINANCE SHALL BE EFFECTIVE UPON ADOPTION

Language proposed to be deleted is lined through.

Language proposed to be added is underlined.

Proposed Ordinance to Amend and Re-ordain Sections 88-2 through

88-8 of the Warren County Code to Create a Front Royal

Enterprise Zone around the Royal Phoenix Business Park and

Portions of the Royal Village and Viscose City Subdivisions –

Blair Mitchell/Dan Whitten

Mr. Whitten noted that the EDA and the Town had been

working to establish the Front Royal Enterprise Zone, which

would encompass approximately 483 +/- acres known as Royal

Phoenix and portions of the Royal Village and Viscose City

Subdivisions. Incentives for this zone would include reduced

water and sewer tap fees, reduced building permit fees, and

partial exemption from BPOL and real estate taxes for a period

of five years. The Town was considering adopting an ordinance

to reduce BPOL and real estate taxes within this area as well as

the water and sewer tap fees. The proposed County ordinance

would create the enterprise zone, provide for reduction in the

building permit fees and real estate taxes for new businesses

located in the enterprise zone for a period of five years. The

County will make application for the enterprise zone to the

state. The current enterprise zone will expire in about two

years.

Mr. Fox asked for an explanation on including residential

areas in the enterprise zone. Mr. Stanley explained that one of

the requirements to create an enterprise zone was a certain

economic distress level; a certain number of people were

required to be at poverty level. By including portions of the

two subdivisions, the area met the required economic threshold.

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Mr. Traczyk opened the public hearing. There was no input

from the public. Mr. Traczyk closed the public hearing.

Mr. Murray made a motion, seconded by Mrs. Glavis, that the

Board of Supervisors adopt and ordain the proposed ordinance to

amend Warren County Code Sections 88-2 through 88-8 to create a

Front Royal Enterprise Zone around the Royal Phoenix Business

Park and portions of Royal Village and Viscose City and to allow

certain tax and building permit fee reductions as incentives to

attract new businesses to locate and create jobs within the

Enterprise Zone.

In response to an inquiry from Mr. Carter, Mr. Whitten

stated that the Town had considered this request at a recent

meeting. Council was initially in favor of the enterprise zone,

but then questioned the potential of businesses relocating from

downtown to the Enterprise Zone and whether or not they would

qualify for the incentives. Mr. Stanley interjected that the

County had to make application to the state. Mr. Carter said

some of the Town’s concerns were that a business would locate at

Royal Phoenix for five years and leave after the incentive

period. Some of the current businesses were concerned that they

would not qualify for the incentives. Mr. Whitten stated the

County could offer the real estate tax incentives and it would

be up to the Town regarding incentives on the BPOL and water and

sewer tap fees. Mr. Carter reiterated his concerns about

businesses leaving after the incentive period. Mr. Stanley

confirmed that the state regulated enterprise zones. In past

years, the County had businesses enter into a master agreement.

He noted the number of businesses in the Route 340/522 North

Corridor that were located in the Cedarville Enterprise Zone who

were still present. Family Dollar, who received incentives for

the first five years, had been in the enterprise zone for nearly

19 years. When a business invested $20 million to $40 million,

the business was not likely to leave. The building would remain

and real estate taxes would continue to be collected and the

County’s benefit would be real estate taxes. Businesses

locating in an enterprise zone may begin their five-year

incentives at any time during the 20-year life cycle of the

enterprise zone. In order to qualify for the incentives, a

business must invest a minimum of $500,000 and provide 25 jobs.

The motion was approved by the following vote:

Aye: Carter, Fox, Glavis, Murray, Traczyk

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AN ORDINANCE TO AMEND AND REORDAIN

SECTIONS 88-2 THROUGH 88-8

OF THE WARREN COUNTY CODE

TO CREATE A FRONT ROYAL ENTERPRISE ZONE

AROUND THE ROYAL PHOENIX BUSINESS PARK,

AND PORTIONS OF THE ROYAL VILLAGE

AND VISCOSE CITY SUBDIVISIONS

BE IT ORDAINED BY THE WARREN COUNTY BOARD OF SUPERVISORS that

Sections 88-2 through 88-8 of the Warren County Code (Front

Royal Enterprise Zone) be amended as follows:

88-2 Statement of purpose.

The Virginia Enterprise Zone Grant Act, § 59.1-270, Section

59.1-538 et seq, of the Code of Virginia, as amended, authorizes

the establishment of an enterprise zone County of Warren to make

written application to the Department of Housing and Community

Development for the declaration of an area within the County as

an enterprise zone. It is the purpose of the Enterprise Zone

Act, and of this Article, to stimulate business and industrial

growth within the area so designated as the Front Royal

Enterprise Zone by means of state income tax credits, state

sales tax exemptions and local incentives more particularly set

forth herein. .

88-3 Boundaries of the Front Royal Enterprise Zone.

The boundaries of the Front Royal Enterprise Zone are as set

forth on the that map titled “Map of the Front Royal Enterprise

Zone” which is on file in the office of the Town Manager of the

Town of Front Royal, Virginia, County Administrator, the area of

which has been declared an enterprise zone by the Governor of

the Commonwealth of Virginia for a period of 20 years in

accordance with the Virginia Enterprise Zone Act. and includes

those properties shown on the Map within the Royal Phoenix

business park site (former Avtex site), the Old Virginia

Industrial Park, Royal Village commercial and residential

properties, and Viscose City properties. It is the purpose of

this Article to help stimulate real property improvements and

new job creation by, among other things, one or more of the

following: the reduction of permit fees; the reduction of user

fees; the reduction of business, professional and occupational

license tax; partial exemption from taxation of substantially

rehabilitated real estate pursuant to Va. Code § 58.1-3221;

adoption of a local enterprise zone development taxation program

pursuant to Article 4.2 of Chapter 32 of Title 58.1 of the Code

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of Virginia; and by other local incentives as allowed by Va.

Code § 59.1-543.

88-4 Definitions.

As used in this Article, the following definitions shall apply:

BUSINESS FIRM - Any business entity authorized to do business in

the Commonwealth of Virginia, including those entities and

subject to the state income tax on net corporate rate income

(Section 58.1-400 et seq., Code of Virginia), or a public

service company subject to a franchise or license tax on gross

receipts; or a bank, mutual savings bank or savings and loan

association; or a partnership or sole proprietorship. A

business firm includes partnerships and small business

corporations electing to be taxed under Subchapter S of the

Federal Internal Revenue Code, and which are not subject to

state income taxes as partnerships or corporations, and includes

limited liability companies, the taxable income of which is

passed through to and taxed on individual partners and

shareholders. However, a business firm does not include

organizations which are exempt from state income tax on all

income except unrelated business taxable income as defined in

the Federal Internal Revenue Code, Section 26 U.S.C. § 512, nor

does it include homeowners' associations as defined in the

Federal Internal Revenue Code, Section 26 U.S.C. § 528.

COUNTY – The County of Warren, Virginia.

ENTERPRISE ZONE – The Front Royal Enterprise Zone, an area

declared or to be applied for declaration An area declared by

the Governor of the Commonwealth of Virginia to be eligible for

the benefits accruing under the Virginia Enterprise Zone Act,

Va. Code § 59.1-539, et. seq. (§59.1-270 et seq., Code of

Virginia).

EQUIVALENT EMPLOYMENT OR JOB - Forty (40) hours per week of an

hourly week (or the salaried equivalent). A single equivalent

job may be represented by one (1) employed individual, or by

multiple employed individuals whose aggregate hours of

employment (or salaried equivalent) equal forty (40) hours per

week.

EXISTING BUSINESS - Any business firm operating or located

within the Enterprise Zone on January 1, 1994, September 1,

2015, or within the County of Warren prior to its location

within the Enterprise Zone. A business which retains the same

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ownership and which was operating or located within the

Enterprise Zone on January 1, 1994, September 1, 2015, or within

the County of Warren prior to location within the Enterprise

Zone shall not be defined as a new business, even if the name or

entity (corporate or otherwise) has changed.

LOCAL GRANT – A grant program developed by and administered

through the Front Royal-Warren County Economic Development

Authority with the prior approval of the Board of Supervisors.

NEW BUSINESS - A business firm operating within the Enterprise

Zone after January 1, 1994 September 1, 2015, having had no

prior business located within the County of Warren.

TOWN - The Town of Front Royal, Virginia.

88-6 Qualification for benefits.

A. In order to qualify for any local incentives under this

Article, a business firm must be a new business located

within the boundaries of the Enterprise Zone, and not an

existing business, and must provide the following (and

thereby, upon the accomplishment of 1. and.2. below,

hereinafter become a “Qualified Business” for purposes of

this Article):

1. Said new business firm must provide and hire in said

business at least twenty-five (25) full-time equivalent

jobs. Said employment shall represent new jobs, not

positions previously established within the town's

corporate limits.

2. Said new business firm must invest a minimum of five

hundred thousand dollars ($500,000.00) in the

rehabilitation, renovation, new construction or other

building or site improvements in said new business in

the Enterprise Zone.

A. In order to qualify for local incentives pertaining to

local grants and business and occupational licenses under

this article, a business firm must be located within the

boundaries of the Front Royal Enterprise Zone and must

provide the following:

(1) A new business must provide at least five full-time

equivalent jobs. Said employment shall represent new

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jobs, not positions previo9usly established within

Warren County.

(2) An existing business must increase its net full-time

equivalent jobs by 10% of its existing work force, or by

five full-time jobs, whichever is greater.

B. In order to qualify for local incentives pertaining to

building permit fee as and local grants, in addition to the

new employment requirements set forth in Subsection A,

business firms must meet the following additional

requirement:

(1) A minimum investment of $25,000 in the rehabilitation, renovation, new construction or other building or site

improvements in the Enterprise Zone.

C. Any business firm located in the Enterprise Zone shall be

entitled to receive such additional local incentives as may

be conferred by the county.

88-6 Local Enterprise Zone Incentives.

A. Building permit fee incentives. Qualified Business firms

located within the Enterprise Zone shall be entitled to a

reduction of fifty percent (50%) of building permit fees if

applicable applied for during the first five (5) years that

the Qualified Business firm is located within the

Enterprise Zone.

B. Rehabilitated real estate tax exemption. Qualified

Business firms located within the Enterprise Zone shall

receive a rehabilitated real estate tax exemption on the

increase in assessed property value resulting from

rehabilitation of commercial and industrial real estate and

facilities, if applicable, which qualify under the

provisions of Va. Code § 58.1-3220, as amended. The

rehabilitated real estate tax exemption shall be extended

for a five (5) year period, upon application showing

compliance with the qualifying requirements, on the

following basis:

1. An eighty percent (80%) exemption the first year.

2. A sixty percent (60%) exemption the second year.

3. A forty percent (40%) exemption the third year.

4. A twenty percent (20%) exemption the fourth year.

5. A twenty percent (20%) exemption the fifth year.

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C. Rebate Credit of business and occupational license fees and

exemptions from machinery and tools taxes, as applicable:

Qualified Business business firms shall be entitled to such

rebate credits and partial exemptions of business and

occupational license fees and machinery and tools taxes as

the Town of Front Royal may by ordinance provide. a credit

of business and occupational license fees, for a five year

period while the Business firm is located within the

Enterprise Zone, upon application showing compliance with

the qualifying requirements. During the first year

following application approval, the business firm shall be

entitled to an eighty percent credit of its business and

occupational license fees. During the second year, the

business firm shall be entitled to a sixty percent credit.

During the third year, the business firm shall be entitled

to a forty percent credit. During the fourth year, the

business firm shall be entitled to a twenty percent credit.

During the fifth year, the business firm shall be entitled

to a twenty percent credit.

D. Water and sewer connection charges (tap fee) and building

permit fees incentives. Qualified Business firms located

within the Enterprise Zone shall be entitled to such

reductions of municipal water and sewer connection charges

(tap fees) as the Town of Front Royal by ordinance may

provide.

E. Water and sewer line extension benefits. Qualified

Business firms located within the Enterprise Zone shall be

entitled to such relief from assessment or cost for water

and sewer line extensions to the property line of the

business firm as the Town of Front Royal may by ordinance

provide.

E. All license fees, and building permit fees and water and

sewer tap fees shall initially be paid in full by the

Qualified Business business firm. The Qualified Business

business firm shall then apply for an exemption or rebate

credit hereunder, and, upon approval of the application,

the Qualified Business business firm will receive a credit

from the County on its prepaid fees or taxes.

88-7 Application.

Any new business firm seeking to receive local Enterprise Zone

incentives shall make application to the Enterprise Zone

Administrator on forms provided by the Front Royal/Warren County

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Industrial Development Authority, dba the Economic Development

Authority (“EDA”). The Enterprise Zone Administrator may

require the new business firm to provide documentation

establishing that said new business firm has met the

requirements for the receipt of local Enterprise Zone

incentives. Failure to provide requested documentation shall

result in a denial of the new business firm's application for

local incentives. Upon approval of any new business firm

application for local Enterprise Zone incentives, the Enterprise

Zone Administrator shall submit a written report to the County

Administrator indicating the name and address of the qualifying

business firm and the local Enterprise Zone incentives for which

it is qualified. The Enterprise Zone Administrator may require

the new business firm to provide additional documentation from

time to time to assure that said new business firm retains the

requisite qualifications for the receipt of local Enterprise

Zone incentives. In the event that any new business firm shall

fail fails to maintain the requisite qualifications for the

receipt of local Enterprise Zone incentives, the Enterprise Zone

Administrator shall inform the new business firm, in writing,

that it is no longer qualified for the receipt of local

incentives and shall send a copy of said notice to the County

Administrator.

88-8 Enterprise Zone Administrator.

The Enterprise Zone Administrator shall be the Executive

Director of the Front Royal/Warren County Industrial Development

Authority.

This ordinance shall become effective on September 1, 2015.

Language proposed to be deleted is lined through.

Language proposed to be added is underlined.

Request – Resolution to Apply for Declaration of Enterprise Zone

in and around Royal Phoenix – Blair Mitchell/Dan Whitten

Mr. Whitten noted that the proposed resolution would

authorize staff to file an application with the Governor for the

designation of the area as the Front Royal Enterprise Zone.

On a motion by Mr. Murray, seconded by Mrs. Glavis, and by

the following vote, the Board of Supervisors adopted the

proposed resolution to authorize staff to make a written

application for the declaration of an enterprise zone

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encompassing parcels and areas around the Royal Phoenix

(formerly Avtex) property within the Town of Front Royal:

Aye: Carter, Fox, Glavis, Murray, Traczyk

A RESOLUTION TO AUTHORIZE STAFF TO MAKE A WRITTEN APPLICATION

FOR THE DECLARATION OF AN ENTERPRISE ZONE ENCOMPASSING PARCELS

AND AREAS AROUND THE ROYAL PHOENIX (FORMER AVTEX FIBERS)

PROPERTY WITHIN THE TOWN OF FRONT ROYAL

WHEREAS, the Virginia Enterprise Zone Grant Act, Va. Code §

59.1-538 et seq., authorizes the governing body of any county or

city to make a written application for the declaration of an

enterprise zone in a designated area within the county; and

WHEREAS, local governments submitting applications for

enterprise zone designation shall propose local incentives that

address the economic conditions within their locality and that

will help stimulate real property improvements and new job

creation. Such local incentives include, but are not limited to:

(i) reduction of permit fees; (ii) reduction of user fees; (iii)

reduction of business, professional and occupational license

tax; (iv) partial exemption from taxation of substantially

rehabilitated real estate pursuant to current Va. Code § 58.1-

3221; and (v) adoption of a local enterprise zone development

taxation program pursuant to current Article 4.2 (§ 58.1-3245.6

et seq.) of Chapter 32 of Title 58.1 of the Code of Virginia.

The extent and duration of such incentives shall conform to the

requirements of the Constitution of Virginia and the

Constitution of the United States. In making application for

designation as an enterprise zone, the application may also

contain proposals for regulatory flexibility, including but not

limited to: (a) special zoning districts, (b) permit process

reform, (c) exemptions from local ordinances, and (d) other

public incentives proposed in the locality's application which

shall be binding upon the locality upon designation of the

enterprise zone. Additionally, a locality may establish

eligibility criteria for local incentives that differ from the

criteria required to qualify for the incentives provided in the

current Chapter 49, Title 59.1, of the Code of Virginia; and

WHEREAS, in addition, qualified business firms and

qualified zone investors may be eligible to receive enterprise

zone incentive grants provided for in current Chapter 49, Title

59.1, of the Code of Virginia to the extent that they apply for

and are approved for grant allocations through the Virginia

Department of Housing and Community Development; and

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WHEREAS, the Town Council of the Town of Front Royal is

adopting a resolution agreeing to join the County in applying to

the Virginia Department of Housing and Community Development for

the creation and declaration of an enterprise zone within Warren

County within which the Town will extend and apply the local

incentives and incentive grants permitted by Virginia law to

businesses locating within designated enterprise zones; and

WHEREAS, the Board of Supervisors of Warren County,

Virginia, desires to apply to the Virginia Department of Housing

and Community Development for the creation and declaration of an

enterprise zone within the corporate limits of the Town of Front

Royal;

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors

of Warren County, Virginia, that the County of Warren shall make

written application to the said Virginia Department of Housing

and Community Development for the declaration of an enterprise

zone within Warren County and within the corporate limits of the

Town of Front Royal, to be designated as the Front Royal

Enterprise Zone. The location of the Front Royal Enterprise Zone

is more particularly set forth on the map titled “FRONT ROYAL

ENTERPRISE ZONE, PROPOSED BOUNDARIES”, and a boundary

description of the Front Royal Enterprise Zone entitled

“DESCRIPTION OF FRONT ROYAL ENTERPRISE ZONE”, attached hereto

and made a part of this Resolution.

BE IT FURTHER RESOLVED that the said Board of Supervisors

of Warren County specifically authorizes the County

Administrator to submit any and all or additional information

needed to apply for enterprise zone designation, and to submit

and meet any other program, administrative or reporting

requirements that may pertain thereto.

This Resolution shall be effective immediately upon enactment.

Request - Proposed Emergency Ordinance to relocate Otterburn

Precinct Polling Place from Rivermont Volunteer Fire Department

to the Front Royal-Warren County Airport Terminal building –

Blair Mitchell/Doug Stanley

Mr. Stanley noted that earlier this year the Building

Official determined that the second floor of the Rivermont

Volunteer Fire Department was unsafe and placed certain

restrictions on the use of the first floor by the public. The

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site is the election polling place of the Otterburn Precinct of

the Fork Election District. On August 17 the Electoral Board

voted to move the Otterburn polling place to the Front Royal-

Warren County Airport Terminal building. Inasmuch as polling

places needed to be designated by ordinance and could not be

changed less than 60 days prior to an election. Pursuant to

Virginia Code Section 15.2-1427(F), ordinances could be adopted

on an emergency basis without a public hearing provided they

were properly advertised and re-adopted following a public

hearing within 60 days.

Mrs. Glavis made a motion, seconded by Mr. Fox, that the

Board of Supervisors adopt on an emergency basis a proposed

ordinance to amend and re-ordain Warren County Code Section 16-

6.1 to change the polling place for the Otterburn Precinct from

Rivermont Volunteer Fire Department to the Front Royal-Warren

County Airport Terminal Building and authorize staff to

advertise for public hearing on September 15, 2015 the

readoption of this ordinance.

In response to an inquiry from Mr. Carter, Ms. Carol Tobin,

Voter Registrar, stated that the airport terminal was smaller

than Rivermont VFD. They had previously consolidated the

polling places and designated Rivermont VFD because it was

larger and had sufficient parking. She explained that for the

future, there were many factors to consider for a facility to be

used for polling place, e.g. size, location, parking, ADA

accessibility, etc. She noted that the Electoral Board was

looking for an adequate facility.

Mr. Stanley stated that within the next 30 days the

Building Committee expected to review the estimated costs to

improve the Rivermont VFD building compared to the cost to

rebuild on the existing site or another site. He felt they

would be able to resolve polling place issue when they resolved

the fire department issue.

Aye: Carter, Fox, Glavis, Murray, Traczyk

AN ORDINANCE ADOPTED ON AN EMERGENCY BASIS

TO AMEND AND REORDAIN WARREN COUNTY CODE

SECTION 16-6.1 TO CHANGE THE POLLING PLACE

FOR THE OTTERBURN PRECINCT FROM THE

RIVERMONT VOLUNTEER FIRE DEPARTMENT

TO THE WARREN COUNTY AIRPORT TERMINAL BUILDING

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BE IT ORDAINED BY THE WARREN COUNTY BOARD OF SUPERVISORS that

Section 16-6.1 of the Warren County Code is hereby amended and

re-ordained to change the locations of the polling place for the

Otterburn Precinct to read as follows:

Section 16-6.1 Enumeration; polling places.

The precincts for each election district and the polling place

for each precinct shall be as set forth below:

A. Fork Election District.

Precinct Polling Place

Town-Fork Warren County Government Center

Otterburn Rivermont Volunteer Fire Department

Front Royal-Warren County Airport

Terminal Building

B. Happy Creek Election District.

Precinct Polling Place

Happy Creek and

Town – Happy Creek Warren County High School

Linden Linden Volunteer Fire Co. Fire Hall

C. North River Election District.

Precinct Polling Place

Town – North River Old Warren County Middle School (15th

Street)

Riverton North Warren Volunteer Fire Department

D. Shenandoah Election District.

Precinct Polling Place

West Shenandoah & Front Royal Volunteer Fire Department

Town–West Shenandoah

East Shenandoah Youth Center

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E. South River Election District.

Precinct Polling Place

Bentonville South Warren Volunteer Fire Department

Browntown Browntown Baptist Church Fellowship

Hall

South River and

Town – South River Skyline High School

F. Central Absentee Precinct. The Central Absentee Voting

Precinct, for the purpose of receiving, counting, and

recording absentee ballots cast in Warren County for all

elections is established and is to be held at the Warren

County Government Center, 220 North Commerce Avenue, Town

of Front Royal, County of Warren, Virginia.

THIS ORDINANCE SHALL BE EFFECTIVE UPON ADOPTION

Language proposed to be deleted is lined through.

Language proposed to be added is underlined.

Approval of Minutes – Regular Meeting of August 4, 2015

On a motion by Mr. Carter, seconded by Mr. Murray, and by

the following vote, the Board of Supervisors approved the

minutes of its regular meeting of August 4, 2015 as written:

Aye: Carter, Fox, Glavis, Murray, Traczyk

Additional Appropriations and Transfers

On a motion by Mr. Carter, seconded by Mr. Murray, and by

the following vote, the Board of Supervisors approved the

attached additional appropriations and transfers:

Aye: Carter, Fox, Glavis, Murray, Traczyk

Approval of Accounts

In response to inquiries from Mr. Fox regarding the list of

accounts, Mr. Stanley provided the following information:

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Relationship between the Front Royal Cardinals and Employee

Service Awards - The County sponsored Warren County night

at the ballpark and County employees were admitted free of

charge.

$1,750 for Shannon Baum was for road name signs, many of

which were replacing signs that had been stolen. The

County expended a significant amount of money and staff

time each year to replace missing and stolen signs.

Old Oak Lane Revenue Sharing Project - Mr. Stanley the

project was initially paid by the County 100%, VDOT will

reimburse the County 50% of eligible costs, and the

Property Owners of Shenandoah Farms will reimburse the

County for 25%.

On a motion by Mrs. Glavis, seconded by Mr. Carter, and by

the following vote, the Board of Supervisors approved the list

of accounts:

Aye: Carter, Fox, Glavis, Murray, Traczyk

Checks: 265347-265664 Total: $2,376,997.16

Consent Agenda

1. Peddler’s/Solicitor’s Permit – Muhammad Arif Mansor – Dan

Whitten

2. Authorization to Advertise for Public Hearing – Proposed

Ordinance to Amend and Re-ordain Section 180-64(A)(5)(c)

(Preliminary Site Plan) of the Warren County Code to Allow

the Planning Commission 60 Days to Approve or Disapprove a

Preliminary Site Plan and to Allow the Planning Commission

45 Days to Approve or Disapprove a Site Plan that has been

Modified – Dan Whitten

On a motion by Mr. Carter, seconded by Mr. Murray, and by

the following vote, the Board of Supervisors approved the above

consent agenda items:

Aye: Carter, Fox, Glavis, Murray, Traczyk

Adjournment

Mr. Traczyk adjourned the meeting.