at a regular meeting of the board of supervisors of the ... 15 2014 board of supervisors...

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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 July 15, 2014 at 7:00 p.m. Present: Daniel J. Murray, Jr., Chairman (North River District); Linda P. Glavis, Vice-Chairman (South River District); Tony F. Carter, (Happy Creek District); Richard H. Traczyk, (Shenandoah District); Archie A. Fox (Fork District); also Douglas P. Stanley, County Administrator; Blair D. Mitchell, County Attorney; Robert B. Childress, Deputy County Administrator; Carolyn W. Stimmel, 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; Roger Bianchini, Warren County Report; and Joe Farruggia, Warren Sentinel Absent: None Adoption of Agenda - Additions or Deletions Ms. Standridge asked that the Board add to the consent agenda a festival permit application from the Warren County Fair Association. On a motion by Mr. Traczyk, seconded by Mrs. Glavis, and by the following vote, the Board of Supervisors adopted the agenda as amended: Aye: Carter, Fox, Glavis, Murray, Traczyk Report – Virginia Department of Transportation – Clifford Balderson/Ed Carter Mr. Ed Carter, Assistant Residency Administrator for the Virginia Department of Transportation (VDOT), reported on the following VDOT activities: Maintenance performed in June: Mowing on primary routes and secondary routes. Repaired slide from heavy rains on Route 619. Shoulder repairs on Routes 604, 615, 618, and 622.

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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 July

15, 2014 at 7:00 p.m.

Present: Daniel J. Murray, Jr., Chairman (North River

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

District); Tony F. Carter, (Happy Creek District);

Richard H. Traczyk, (Shenandoah District); Archie A.

Fox (Fork District); also Douglas P. Stanley, County

Administrator; Blair D. Mitchell, County Attorney;

Robert B. Childress, Deputy County Administrator;

Carolyn W. Stimmel, 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; Roger

Bianchini, Warren County Report; and Joe Farruggia,

Warren Sentinel

Absent: None

Adoption of Agenda - Additions or Deletions

Ms. Standridge asked that the Board add to the consent

agenda a festival permit application from the Warren County Fair

Association.

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

the following vote, the Board of Supervisors adopted the agenda

as amended:

Aye: Carter, Fox, Glavis, Murray, Traczyk

Report – Virginia Department of Transportation – Clifford

Balderson/Ed Carter

Mr. Ed Carter, Assistant Residency Administrator for the

Virginia Department of Transportation (VDOT), reported on the

following VDOT activities:

Maintenance performed in June:

Mowing on primary routes and secondary routes.

Repaired slide from heavy rains on Route 619.

Shoulder repairs on Routes 604, 615, 618, and 622.

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Pipe replacement on Route 603.

Pothole repairs on various routes.

Cleaned debris from various spillways after heavy rains.

Brush cutting operations on Route 661.

Graded various non-hard surfaced roads.

Contractor repaired washout at Route 522 and Route 604.

Maintenance scheduled for July:

Secondary mowing operations.

Open pipes and repair minor slides at various locations.

Skin patching on various secondary roads.

Grading operations on various non-hard surfaced roads.

Dust control as needed.

Projects:

Morgan Ford Bridge – Continuing negotiations with

Department of Historic Resources (DHR) on the Memorandum of

Agreement. It appeared that the holdup was a design that

met DHR’s aesthetic requirements. VDOT was consulting with

a national parks bridge designer for options. The District

Administrator and the Richmond Office were trying to push

this forward.

Rockland Park – Awaiting award of contract.

Major Bridge Projects – On schedule.

Guardrail at Seal’s Curve – Environmental/funding cleared;

project moving forward.

Success Road – Internal funding issue delay resolved and

expect to resume shortly.

Oregon Hollow Road – Under construction.

Totten Lane – In design stage.

Mr. Traczyk noted there were a number of issues regarding

the Morgan Ford Bridge that might be addressed by VDOT including

increased traffic, parking on both sides of the road on the

south side, litter and no trash receptacles, lack of bathroom

facilities, walking on the bridge, fishing from bridge and

people not moving when vehicles cross, and use of alcohol. He

urged VDOT to pursue the bridge replacement project before

someone was injured. He added that the situation was worse

during the summer months and on weekends.

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Mr. Fox asked what the completion date was for the Indian

Hollow low water bridge project. Mr. Carter said he would check

and get back to the Board. Mr. Stanley was of the understanding

that the contract completion date was the spring of 2015, but

they anticipated the project being substantially completed by

the fall of 2014.

Mr. Murray thanked Mr. Carter for the culvert installed on

Reliance Road and the removal of a huge tree root blocking the

low water bridge.

Report – Dominion Power Plant – Mike Wood

Representing Dominion Power, Mr. Mike Wood gave a

PowerPoint presentation on the status of construction of the

Dominion Power Plant and Dominion’s involvement in the

community. Construction began in March 2012. In 2013 they

began setting structural steel and installing piping and

electrical. In 2014 they were starting up and commissioning the

plant. They were finished with engineering and procurement and

construction was about 93% complete. They were currently

heavily involved in their commissioning effort. They were

finishing support systems necessary to fire the gas turbines for

the first time, which he expected to take place in the next week

or two. He outlined the following process including connecting

to the grid, cleaning stem piping, initial roll of the steam

turbine, performance and emissions testing.

Mr. Wood explained the steam blow process to clean the

pipes to fire the gas turbines. This one-time process would

last about one month. There would be a continuous large plume

of steam in the air visible to neighbors and there would be a

low rumbling. He provided a video on this process. All

adjacent property owners would be notified of the steam blow

process. He added that the steam was created with demineralized

water.

Mr. Wood continued that employment peaked at about 1,550

last year and was currently at about 650. These employees

worked over 5 million man-hours to construct the plant. In a

couple of months there would only be a skeleton crew.

Dominion and its contractor CEP had remodeled a portion of

St. Luke Community Clinic, provided 7 tons of food for the

Thanksgiving food drive, provided toys for 32 children for the

Christmas toy drive, adopted 50 residents of Heritage Hall

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Senior facility, provided 40 I-pads and playground equipment for

the E. Wilson Morrison Elementary School. Zachry received a

letter from Senator Warner recognizing their efforts. Dominion

continued to lead efforts with the United Way to provide support

for homeless families. Dominion also provided a contribution to

the Samuels Public Library.

Mr. Murray suggested that Dominion consider supporting the

Air Show and USO Show in September.

Mr. Murray noted some of his constituents had concerns

regarding the final height of the stacks and the effect of

emissions to livestock. Mr. Wood explained that the stacks were

at full height. When the turbines were initially started, there

might be a small puff of debris, but gas was very clean.

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.

Mr. Gary Smullen, 537 Bifrost Way, said he was President of

Skyland Community Corporation, the managing agent in charge of

road maintenance and security. Their board members were

universally opposed to short-term tourist rentals because short-

term renters would not be aware of covenant restrictions e.g.

ATV use, open fires, shooting, and there was a noise issue.

Mr. Herb Dunkle, Linden resident, addressed the Board on

the following items:

Improvements to Richardson Road were scheduled for 2018 for

about $60,000 and he recommended that the County begin

acquiring the necessary right-of-way. He asked that he be

provided a response to this request from the County.

He said there had been no effort to improve the

intersection of John Marshall Highway and High Knob and he

continued to see gouged marks in the ditch and tire marks

on the road. He said this situation put peoples’ lives at

risk and he felt it was one of the most hazardous

intersections in the County and the most hazardous should

receive funding first.

He noted that many of the prisoners incarcerated at the RSW

Regional Jail had not yet been found guilty in a court of

law, but were treated the same as the prisoners. He

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understood prisoners lost their Bibles and other study

items when transferred to the regional jail. He felt it

would be inappropriate for a Regional Jail Authority to

provide Bibles, etc. to inmates. He understood that the

lowest bidder was selected to provide medical services to

inmates. He felt there was little to offer to rejuvenate

inmates, e.g. detox, physical exercise for diabetics, etc.

Reports - Board Members, County Administrator, County Attorney

Mr. Traczyk reported the following:

In an effort to boost membership at the Front Royal Golf

Club, the Front Royal Golf Club Advisory Committee joined a

technology partnership so Tee-times could be set online.

He had asked the Assistant County Attorney to review the

County’s sign ordinance with regards to a penalty for those

who continued to violate that ordinance.

Mr. Stanley reported the following:

Front Royal Cardinals – Warren County was sponsoring the

Front Royal Cardinals game on July 17 starting at 7:00 p.m.

Reassessment – Approximately 15,817 of the 26,451 parcels

had been completed. The reassessment will go into effect

January 1, 2015.

Development Review Committee – The Development Review

Committee met on June 25 and discussed several projects in

the County including: pending applications for short-term

tourist rentals, a proposed dog training facility in Kelley

Industrial Park, additional storage units at Blue Ridge

Storage, a proposed grocery store, and expansion of the

Interchange warehouse. The Committee also discussed

several projects in the Town including: the rezoning

application for the new Middle School, the Virginia

International Academy in the old Rivendell building, and a

possible new office building at the corner of Shenandoah

Avenue and 11th Street. The Committee will meet again on

July 23.

Building Inspections – Building permit activity for new

homes increased slightly over 2013. The total for year to-

date was 45 new home starts compared to 42 for the first

six months of 2013 and 30 for the same period in 2012. For

FY 2013-2014, the number of total permits was up slightly

from 2,028 to 2,097 and total inspections were also up

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slightly from 7,445 to 7,521.

EnerGov Software – Town and County staff began system

administration and workflow training on site with an

EnerGov trainer the week of July 14. The Town had 3

participants from the Planning/Zoning and IT Departments

and the County had 6 participants from the Inspections and

Planning Departments. Upon completion staff will have a

greater knowledge of the backend of the system to enable

both the County and Town to manage programming features.

The target implementation date for the software was July 1,

2015.

Dominion Project – The project was approximately 92.7%

complete. As of the week of July 7, 781 employees were on

site. The employee totals should continue to drop about

100 per month until completion of the project.

RSW Regional Jail – The facility was completed and inmates

from the three localities were loaded as of June 26. The

RSW Authority Board will meet again on July 24 and will

discuss filling the vacant Superintendent position. Warren

County was working out the details with RSW staff to be

able to continue the use of inmate labor to augment our

workforce.

Leach Run Parkway – Final plans for the project were

submitted to VDOT last month for approval. It was

anticipated that the project will be bid in August with

bids due in September. County and EDA staff continued to

work with Davenport and the Virginia Resource Authority on

financing the project.

Health and Human Services Complex – Town provided comments

on the site plan submitted last month for parking lot

expansion/improvements. Pennoni submitted a site plan to

the Town addressing comments. They anticipated bidding the

project in the next several weeks. Moseley submitted

building plans to the County for review. They hoped to

finalize plans and bid the project in September.

Route 340/522 Landscaping Project – County staff completed

the installation of the third phase of the project which

included the stretch of median between Fairgrounds Road and

the McKay House.

Simpson’s Landing Boating Access Project – Staff received

required Virginia Marine Resource Commission permits for

the project. Construction of the boat slide will begin on

or about August 1 and be completed by October 1.

Route 55/Linden Park-n-Ride – After several years of

lobbying by the County, VDOT included $400,000 in the FY

2014-2020 Six-year Primary and Interstate Highway

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Improvement Plan to add spaces to and expand the Linden

park-n-ride. He anticipated that the project would be

completed in 2015.

Catlett Mountain – Pennoni bid the plans for the Catlett

Mountain project, which were due July 28. They hoped to be

able to award a contract in August and have work start on

or after September 1.

Route 55 East (John Marshall Highway) and High Knob

Entrance – This was the top priority for the Six-year Plan,

but VDOT did not have any additional funding to put towards

the project. He hoped that they might be able to move

forward with the engineering in the future.

Consent Agenda

1. Additional Appropriation of $102,214 for Educational

Services for RSW Regional Jail Residents under the Age of

22 with an Individualized Education Plan – Funds to be

reimbursed by the State – Pam McInnis

2. Acceptance of Bid from Woodstock Equipment for Purchase of

Two Kubota Zero-turn Mowers at $19,305 for Parks &

Recreation Department – Harry Kisner

3. Acceptance of Bid from American Asphalt, LLC for

asphalting, sealing, and striping Eastham Park and Bing

Crosby Stadium/ Gertrude Miller Park at a cost of $63,261 –

Harry Kisner

4. Award of Contract to Racey Engineering, PLLC for Survey

Services - Shenandoah Farms Sanitary District – Bob Childress

5. Award of Contract to Land Planning & Design Associates for

Improvements to Thompson Kiss & Ride – Taryn Logan

6. Resolution to add Old Oak Lane to State Secondary Highway

System subject to approval by Clarke County – Bob Childress

7. Transfer of Retired Sheriff’s Office Vehicle VIN

1GTEK19V64Z196550 to Warren County School Board

Transportation Department – Danny McEathron

8. Donation of 30 (15 double stack) Inmate Beds from closed

Warren County Jail to Middle Peninsula Regional Security

Center – Danny McEathron

9. Purchase of Five Vehicles at $124,971.51 for Sheriff’s

Office – Danny McEathron

10. Festival Permit – August 8-10, 2014 – OutCamping 2014

Season – River Camping Incorporated

11. Memorandum of Agreement re: Warren County School Board-

HVAC Service & Maintenance – Doug Stanley

12. Sponsorship of Avtex Community Day Event – Brandy Rosser

13. Award of Contract to Land Planning & Design Associates for

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Design and Construction Administration Services for Eastham

Park Trail Phase III – Brandy Rosser

14. Authorization to Advertise for Public Hearing

a. Proposed Ordinance to Amend Sections 180-8, 180-21,

180-49.3, and 180-49.4 of the Warren County Code re:

Microbrewery and Brewpub to comply with the Code of

Virginia

b. Proposed Ordinance to Amend Section 180-13 of the

Warren County Code re: Administrative Approval of

Colocation, Removal, or Replacement of Transmission

Equipment in connection with Telecommunication Towers

under Certain Circumstances – Taryn Logan

15. Festival Permit – August 4-9, 2014 – Warren County Fair –

Warren County Fair Association

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

the following vote, the Board of Supervisors approved the above

consent agenda items:

Aye: Carter, Fox, Glavis, Murray, Traczyk

RESOLUTION Re: Old Oak Lane, Phase I

Subdivision: Shenandoah Farms, Section: Meadow

WHEREAS, the street described below currently serves at

least three families per mile and was established prior to July

1, 1992, at which time was used by motor vehicles as a public

access; and

WHEREAS, the County has determined its current subdivision

control ordinance satisfies subsection B of §33.1-72.1, Code of

Virginia, and is therefore eligible to make qualifying additions

to the secondary system of state highways maintained by the

Virginia Department of Transportation and fund necessary

improvements as setout therein, except as otherwise prohibited by

subsection B of §33.1-72.2, Code of Virginia; and

WHEREAS, after examining the ownership of all property

abutting this street, including the deeds and related plats, this

Board finds no restriction on the use of public funds for

improving of the road; and

WHEREAS, after examining the ownership of all property

abutting this street, this Board finds that speculative interest

does not exist; and

WHEREAS, this Board has identified all necessary funding to

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make improvements required to qualify the street in Warren and

Clarke Counties for addition to the aforesaid secondary system of

state highways, based on the Department’s cost estimate of

$320,000.00 for the total length of the addition in both

referenced Counties; and

WHEREAS, this Board has agreed with the Board of Supervisors

of Clarke County that it will pay the total amount of County

Revenue Sharing matching funds required to fund improvements on

the Rural Addition mileage in Warren and Clarke Counties

described in the Resolutions passed by both Counties; and

NOW, THEREFORE, BE IT RESOLVED, pursuant to §33.1-72.1, Code

of Virginia, this Board requests the following street be added to

the secondary system of state highways maintained by the Virginia

Department of Transportation and hereby guarantees the right-of-

way of the street to be clear, unencumbered, and unrestricted,

which right of way guarantee shall include any necessary

easements required for cuts, fills, and drainage.

Name of Subdivision: Shenandoah Farms - Meadows Section

Name of Street: Old Oak Lane

From: Clarke County Line To: Mosby’s Meadow Lane

Length: 0.29 Mile

Right-of-Way Width: 50’

Right-of-Way Instrument References: Deed Book: 205 Page: 001

Date Recorded: 09/20/1973

BE IT FURTHER RESOLVED that this Board will improve said

street to the prescribed minimum standards as outlined in the

Administration Agreement dated August 22, 2013 for this Locally

Administered Revenue Sharing Project, funding said improvements

with the following funds:

Source of Funds: Amount:

VDOT Revenue Sharing Program - FY 2014 $160,000.00

County of Warren* $160,000.00

Total Funds $320,000.00

(*Warren County is providing the entire $160,000.00 in local

matching funds for the portions of the Rural Addition project in

both Counties: Clarke County – 0.07 mile/$36,000.00 & Warren

County – 0.29 mile/$124,000.00.)

BE IT FINALLY RESOLVED that a certified copy of this

Resolution be forwarded to the Residency Administrator of the

Virginia Department of Transportation.

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Request – Conditional Use Permit for Short-term Tourist Rental –

Todd & Brenda Peal – Matt Wendling

Mr. Wendling noted that the Board tabled action on the

above request at its last meeting based on a question by Mr.

Murray regarding the retroactive collection of transient lodging

taxes. Mr. Murray had requested a legal determination. Mr.

Whitten had distributed a memorandum to the Board regarding the

assessment of back transient occupancy taxes. Mr. Wendling

noted that the comments from the Skyland Community Corporation

applied to this application.

Mr. Traczyk said he was concerned about the Board’s

decision for approval or disapproval on these applications. He

was concerned that it could be construed as arbitrary and

capricious because they did not have a thorough understanding on

what a short-term tourist rental entailed and he thought perhaps

the Board was basing its decision on how many people appeared

during the public hearing. He was not sure if the County’s

short-term tourist rental ordinance was appropriate. He noted

that some previous conditional use permits for short-term

tourist rentals included conditions not included in this

request. He preferred that conditional use permits for short-

term tourist rentals be nontransferable in the event the use

became a problem. He felt that any time someone purchased a

house in a subdivision, they would have reasonable expectations

that the property owner next door would not turn his or her home

into a motel. He said he had a lot of questions and he would

like to send the ordinance back to the Planning Commission for

further review and recommendation. He understood some

localities had dropped this use because of these types of

problems. He felt the Board should hold future requests until a

determination was made on what direction to take.

Mr. Carter said the Board certainly did not want to make

short-term tourist rental a by-right use. He felt a conditional

use permit should be required so the Board to regulate it for

different issues, e.g. potential fire hazards, roads, noise,

etc. He noted that there were several short-term tourist

rentals operating without permits and the ordinance provided a

means for the Board to regulate it. He agreed that the Board

should send it back to the Planning Commission for further

review because there were too many potential concerns. He noted

that some POAs educated their residents on safety concerns.

While adjacent property owners and the POAs were notified of

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these public hearings, too often people did not pay attention

until after the fact when there was a problem.

Mrs. Glavis asked that the County Attorney give his

opinion. She understood the purpose of a conditional use permit

was to allow a use within the regulations and guidelines of the

County Code. The Board had the discretion to place conditions

on the permits.

Mr. Mitchell was not aware if there was anything wrong with

the short-term tourist rental ordinance. There was some

differentiation between the sizes of the use. Within the

Agricultural Districts this use was permitted on lots in excess

of 5 acres as a matter of right. When the lot was 5 acres or

less, a conditional use permit was required. The Planning

Commission recommended various types of conditions for

conditional use permits. A permitted use should be non-

objectionable, but because of various concerns, conditions may

be placed on it. A use proposed in an area where it could be a

nuisance to the neighbors could be regulated by conditions to

address various issues such as dust, noise, smoke, odors,

traffic congestion, etc. He pointed out that a conditional use

permit could not be made nontransferable. The permit was based

on the use, not the individual.

Mr. Mitchell noted that he looked at the issue of

collecting taxes on these uses. These were predominantly

business uses. There was a mixture of this use, some were for

more family-oriented rentals, some for extended rental periods

for employees such as those who worked for Zachry Industries,

and some were for weekend party-type uses. There had been a

Supreme Court ruling in the 40’s that recognized this use as a

business. He explained that each application will have its own

issues and the Board could address each application on its own

merit considering those issues that related to a specific

application.

Mr. Traczyk said his intent was to send this application

back to the Planning Commission and hold the others that were

forthcoming until the Planning Commission reviewed the short-

term tourist rental ordinance and made a recommendation to the

Board. He explained that a number of concerns had arisen as a

result of issuing conditional use permits for this use that had

been unknown at the time the Board adopted the ordinance.

Mr. Murray felt that the short-term tourist rental

ordinance allowed property owners to convert a residence into a

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commercial business in a residential community.

Mrs. Glavis felt that a residence was a residence whether

it was short-term or long-term. She noted that she had rented

houses in other areas on a short-term basis.

Mr. Fox asked if the Board could table action on this

request until the Planning Commission made a recommendation to

the Board. Mr. Mitchell said that the Board could do that.

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

explained that if the Board forwarded the short-term tourist

rental ordinance to the Planning Commission for review, the

existing ordinance would apply to the applications currently

before the Board.

On a motion by Mr. Carter, seconded by Mr. Fox, and by the

following vote, the Board of Supervisors denied the conditional

use permit request of Todd and Brenda Peal for a short-term

tourist rental because it was not harmonious with the existing

neighborhood, and issues with dust, roads, fire concerns, and

noise:

Aye: Carter, Fox, Glavis, Murray, Traczyk

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

the following vote, the Board of Supervisors sent the short-term

tourist rental ordinance to the Planning Commission for further

review and recommendation to the Board:

Carter, aye; Fox, aye; Glavis, aye; Traczyk, aye; Murray, aye

*See page 36

Public Hearing - Proposed Ordinance to Amend and Re-ordain

Section 66-11 of the Warren County Code to provide the Ability

for an Animal Control Officer to Seize or Kill a Dog found in

the Act of Killing or Injuring Livestock or Poultry and to

Increase the Cap on Compensation for Livestock and Poultry

Killed by Dogs – Dan Whitten

Mr. Whitten noted that the proposed changes to the County

Code reflected amendments to Sections 3.2-6553 and 3.2-6552 of

the Code of Virginia which went into effect July 1, 2014 as well

as minor changes to mirror the current language in the

respective state code sections.

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The first proposed amendment to Section 66-11(A) would give

the animal control officer the ability to seize or kill a dog

that was in the act of killing or injuring livestock or poultry.

The current County Code section stated that the officer must

kill the dog that was committing such acts.

The second proposed amendment to Section 66-11(A) would

give the court the ability to remove such a dog to another state

that did not border Virginia. If the dog returned to Virginia,

the dog will be killed immediately. This proposed amendment

mirrored the current language in the state code.

The amendment to Section 66-11(B) would increase the

compensation for livestock or poultry killed by a dog to a

maximum of $750 per animal or $10 per fowl. The current code

section provided a maximum of $400 per animal.

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

from the public. Mr. Murray closed the public hearing.

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

the following vote, the Board of Supervisors approved the

proposed amendments to Section 66-11 of the Warren County Code

to provide the ability for an animal control officer to seize or

kill a dog found in the act of killing or injuring livestock or

poultry and to increase the cap on compensation for livestock or

poultry killed by dogs as shown below:

Aye: Carter, Fox, Glavis, Murray, Traczyk

AN ORDINANCE TO AMEND AND RE-ORDAIN SECTION 66-11 OF THE WARREN

COUNTY CODE TO PROVIDE THE ABILITY FOR AN ANIMAL CONTROL OFFICER

TO SEIZE OR KILL A DOG FOUND IN THE ACT OF KILLING OR INJURING

LIVESTOCK OR POULTRY; AND TO INCREASE THE CAP ON COMPENSATION

FOR LIVESTOCK AND POULTRY KILLED BY DOGS

BE IT ORDAINED BY THE WARREN COUNTY BOARD OF SUPERVISORS that

Section 66-11 of the Warren County Code (Dogs killing livestock

or poultry) be amended and re-ordained as follows:

CHAPTER 66. ANIMALS.

ARTICLE II. General Restrictions on Dogs

§ 66-11. Dogs killing livestock or poultry.

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[Amended 6-30-1980; 6-18-1990; 10-18-2011]

A. It shall be the duty of any Animal Control Officer or other

officer who may find a dog in the act of killing, or

injuring, worrying or chasing sheep or killing or injuring

other livestock or poultry to seize or kill such dog

forthwith, whether such dog is wearing a tag or not; or any

person finding a dog committing any of the aforementioned

acts and depredations set forth shall have the right to kill

such dog on sight. The General District Court or any other

court shall have the power to order the Animal Control

Officer or other law enforcement officer to kill any dog

known to be a confirmed livestock or poultry killer. Any dog

observed killing fowl for the third time shall be considered

a confirmed poultry killer. Any Animal Control Officer or

other person who has reason to believe that any dog is

killing livestock or committing any of the aforementioned

acts and depredations set forth in this section shall apply

to a magistrate of the County, who shall issue a warrant

requiring the owner or custodian, if known, to appear before

the Judge of the General District Court at the time and place

named therein at which time evidence shall be heard, and if

it shall appear that such a dog is a livestock killer or has

committed any of the aforementioned acts and depredations set

forth in this section, the dog shall be ordered to be killed

immediately by the Animal Control Officer or other officer

designated by the Judge of the General District Court or

removed to another state that does not border on the

Commonwealth and prohibited from returning to the

Commonwealth. Any dog ordered removed that is later found in

the Commonwealth shall be order by the court to be killed

immediately.

B. Any person who has any livestock or poultry killed or injured

by any dog not his own shall be entitled to receive as

compensation the fair market value of such livestock or

poultry, not to exceed $750 $400 per animal or $10 per fowl,

provided that the claimant has furnished evidence within 60

days of discovery of the quantity and value of the dead or

injured livestock and the reasons the claimant believes that

death or injury was caused by a dog; the Animal Control

Officer or other officer has been notified of the incident

within 72 hours of its discovery; and the claimant first has

exhausted his legal remedies against the owner, if known, of

the dog doing the damage for which compensation under this

section is sought. Exhaustion shall mean a judgment against

the owner of the dog upon which an execution has been

15

returned unsatisfied, provided that service of process has

been obtained against the owner of such dog; provided,

further, that in the event service of process in unobtainable

against the owner of such dog after satisfactory evidence of

reasonable diligence in attempting service thereof, then this

requirement shall be satisfied upon the Animal Control

Officer having conducted an investigation, which

investigation supports the claim.

THIS ORDINANCE SHALL BE EFFECTIVE UPON ADOPTION

Language proposed to be deleted is lined through.

Language Proposed to be added is underlined.

Public Hearing - Proposed Ordinance to Amend and Re-ordain

Section 66-36 of the Warren County Code to Amend the Definitions

of a Hybrid Canine and Livestock – Dan Whitten

Mr. Whitten noted that the proposed change to the

definition of “Hybrid Canine” reflected amendments to Section

3.2-6581 of the Code of Virginia that went into effect July 1,

2014. The amendment defined a hybrid canine as an animal that

was a hybrid of the domestic dog and any other species of the

Canidae family. The current definition defined a hybrid canine

as an animal that was described or represented as a hybrid

canine, wolf, or coyote.

The proposed change to the definition of “Livestock”

paralleled the language in Section 3.2-5900 of the Code of

Virginia. The definition erroneously referenced Code Section

3.2-2600 rather than Section 3.2-6504. The proposed amendment

would correct this error.

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

from the public. Mr. Murray closed the public hearing.

On a motion by Mr. Traczyk, seconded by Mr. Fox, and by the

following vote, the Board of Supervisors approved the proposed

amendments to Section 66-36 of the Warren County Code to amend

the definition of hybrid canine and of livestock as shown below:

Aye: Carter, Fox, Glavis, Murray, Traczyk

AN ORDINANCE TO AMEND AND RE-ORDAIN

SECTION 66-36 OF THE WARREN COUNTY CODE

TO AMEND THE DEFINITION OF

16

A HYBRID CANINE AND OF LIVESTOCK

BE IT ORDAINED BY THE WARREN COUNTY BOARD OF SUPERVISORS that

Section 66-36 of the Warren County Code (Definitions) be amended

and re-ordained as follows:

CHAPTER 66. ANIMALS.

ARTICLE VII. Wild Carnivores.

§ 66-36. Definitions.

As used in this article, the following terms shall have the

meanings indicated:

ADEQUATE CONFINEMENT – While on the property of its owner and

not under the direct supervision and control of the owner or

custodian, a wild carnivore shall be confined in a humane manner

in a securely enclosed and locked structure of sufficient height

and design to prevent the animal's escape or, if the wild

carnivore is determined to be a dangerous dog pursuant to

Virginia Code § 3.2-6540 (Warren County Code § 66-14.1), the

structure shall prevent direct contact with any person or animal

not authorized by the owner to be in direct contact with the

wild carnivore; and to provide a minimum of 100 square feet of

floor space for each adult animal. Tethering of a wild carnivore

not under the direct supervision and control of the owner or

custodian shall not be considered adequate confinement.

Confinement of a wild carnivore in any structure not approved in

writing by an Animal Control Officer shall not be considered

adequate confinement.

[Amended 9-16-2008]

ANIMAL CONTROL OFFICER – A person appointed as an Animal Control

Officer or Deputy Animal Control Officer as provided in Virginia

Code § 3.2-6555, or its successor statute. [Amended 9-16-2008]

COMPANION ANIMAL – Any domestic or feral dog, domestic or feral

cat, nonhuman primate, guinea pig, hamster, rabbit not raised

for human food or fiber, exotic or native animal, reptile,

exotic or native bird, or any feral animal or any animal under

the care, custody, or ownership of a person or any animal which

is bought, sold, traded, or bartered by any person. Agricultural

animals, game animals or any animals regulated under federal law

as research animals shall not be considered companion animals

for purposes of this chapter.

17

CURRENTLY LICENSED VETERINARIAN – A veterinarian licensed at the

time a certificate of vaccination or inoculation was issued.

EVIDENCE, SATISFACTORY – Includes, but is not limited to, a

certificate signed by a currently licensed veterinarian that the

animal has been inoculated or vaccinated against rabies, and the

certificate does not have an expiration date which is prior to

the date on which the application for a wild carnivore permit is

made.

HYBRID CANINE – Any animal which is or can be demonstrated to be

a hybrid of the domestic dog and any other species of the

Canidae family; that at any time has been permitted, registered,

licensed, or advertised as such; or that at any time has been or

is permitted, registered, licensed, advertised or otherwise

described, or represented as a hybrid canine, wolf or coyote or

reported as such by its owner to a licensed veterinarian, law

enforcement officer, Animal Control Officer, humane

investigator, official of the Department of Health, or State

Veterinarian's representative.

LAW ENFORCEMENT OFFICER – Any person who is a full-time or part-

time employee of a police department or sheriff's office which

is part of or administered by the Commonwealth of Virginia or

any political subdivision thereof and who is responsible for the

prevention and detection of crime and the enforcement of the

penal, traffic or highway laws of the commonwealth. Part-time

employees are compensated officers who are not full-time

employees as defined by the employing police department or

sheriff's office.

LIVESTOCK – Includes all domestic or domesticated bovine

animals; equine animals; ovine animals; porcine animals;

cervidae animals; capradae animals; animals of the genus Lama;

large, flightless birds; ratites; fish or shellfish in

aquaculture facilities, as defined in Virginia Code §3.2-2600 §

3.2-6504 or its successor statute; enclosed domesticated rabbits

or hares raised for human food or fiber; or any other individual

animal specifically raised for food or fiber, except companion

animals. [Amended 9-16-2008]

RESPONSIBLE OWNERSHIP – The ownership and humane care of a wild

carnivore in such a manner as to comply with all laws and

ordinances regarding wild carnivores and prevent endangerment by

the animal to public health and safety.

TREASURER – The Treasurer of Warren County, Virginia, or the

18

Treasurer's designee.

WILD CARNIVORE – Any carnivorous or omnivorous nonprimate

mammal, other than a domesticated dog or domesticated housecat,

of greater than 10 pounds' weight and shall include, but not be

limited to, bears, cats, hybrid canines, wolves, coyotes, foxes,

raccoons and members of the weasel family which is owned,

harbored, kept, possessed, or confined by a person.

THIS ORDINANCE SHALL BE EFFECTIVE UPON ADOPTION

Language proposed to be deleted is lined through.

Language Proposed to be added is underlined.

Public Hearing - Proposed Ordinance to Re-ordain Warren County

Code Section 172-1 to Readopt Virginia Motor Vehicle Traffic

Laws for Traffic Violations within Warren County – Blair

Mitchell

Mr. Mitchell noted that each year the County readopted

Virginia’s motor vehicle traffic laws in order to incorporate

into the County Code any changes in the traffic laws of the

state. This permitted deputy sheriffs to write traffic

violations on County summons and fines assessed from them to be

paid to the County rather than to the state.

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

from the public. Mr. Murray closed the public hearing.

On a motion by Mrs. Glavis, seconded by Mr. Fox, and by the

following vote, the Board of Supervisors readopted and re-

ordained Warren County Code Chapter 172, Section 172-1, adoption

of state law to readopt and incorporate by reference into the

County Code the motor vehicle traffic laws of the Commonwealth

of Virginia:

Aye: Carter, Fox, Glavis, Murray, Traczyk

AN ORDINANCE TO RE-ORDAIN WARREN COUNTY CODE § 172-1 TO RE-ADOPT

VIRGINIA MOTOR VEHICLE TRAFFIC LAWS FOR TRAFFIC VIOLATIONS

WITHIN WARREN COUNTY

BE IT ORDAINED BY THE WARREN COUNTY BOARD OF SUPERVISORS that

the motor traffic laws of the Commonwealth of Virginia be re-

adopted and incorporated by reference into the Warren County

Code by the re-adoption of Section 172-1 of the Warren County

19

Code reading as follows:

§ 172-1. Adoption of state law. [Amended 8-16-1994; 6-6-1995; 8-

20-1996; 6-3-1997; 6-16-1998; 6-15-1999; 6-20-2000; 8-21-2001;

3-18-2003; 6-21-2005; 6-19-2007; 06-17-2008; 06-16-09; 06-15-10;

06-21-11; 06-19-12; 05-21-13; 07-15-14]

A. Pursuant to the authority of § 46.2-1313, Code of Virginia,

1950, as amended, all of the provisions and requirements of

the laws of the state contained in Title 46.2 and in Title

18.2, Chapter 7, Article 2, Code of Virginia, 1950, as

amended, except those provisions and requirements the

violation of which constitutes a felony, and except those

provisions and requirements which by their very nature can

have no application to or within the County, are hereby

adopted and incorporated herein by reference and made

applicable within the County. References to "highways of the

state" contained in such provisions and requirements hereby

adopted shall be deemed to refer to the streets, highways and

other public ways within the County. Such provisions and

requirements are hereby adopted, mutatis mutandis, and made a

part of this article as fully as though set forth at length

herein, and it shall be unlawful for any person within the

County to violate or fail, neglect or refuse to comply with

any provisions of Title 46.2 or of Title 18.2, Chapter 7,

Article 2, Code of Virginia, which is adopted by this section,

provided that in no event shall the penalty imposed for the

violation of any provisions or required hereby exceed the

penalty imposed for a similar offense under Title 46.2 or

under Title 18.2, Chapter 7, Article 2, Code of Virginia.

B. This section shall not apply within the corporate limits of

the Town of Front Royal.

Language proposed to be deleted is lined through.

Language proposed to be added is underlined.

Public Hearing - Modification of Conditional Use Permit 2003-05-

03 for a Shopping Center to include Urgent Care to the List of

Permitted Uses – Riverton Commons (Edens & Avant) – Taryn Logan

Mrs. Logan noted that in 2003 the Board had approved a

conditional use permit (CUP) for a shopping center for Riverton

Commons. The CUP included a list of permitted and non-permitted

uses. The Board had previously amended the list to include car

20

wash and veterinary services. At this time Edens requested that

urgent care be added to the list of permitted uses.

Mrs. Logan commented on the continuing issue with tractor

trailer parking within the Riverton Commons Shopping Center.

Staff had been working with Edens to resolve this issue and

recommended that overhead bars be installed that would prevent

tractor trailers from entering the shopping center from customer

entrances. Delivery trucks and large RVs could use the back

entrance of the shopping center. Staff recommended that the

following condition be added to the CUP: “No site plan

amendment for an urgent care facility shall be approved by

Warren County until an overhead bar system set at a height to

deter/prevent tractor trailer vehicles is installed by the

applicant at both the western entrance to the property (Country

Club Road and Riverton Commons Plaza entrance) and the entrance

adjacent to the roundabout (Country Club Road and Riverton

Commons Drive entrance). The overhead bar system will be

approved by the Director of Planning prior to installation.”

Staff would work with Edens to develop an aesthetic overhead bar

system.

Mr. Murray opened the public hearing.

Mr. Steven Teets, Edens Project Manager, had been working

with Mrs. Logan and Mr. Stanley regarding the parking of trucks

since Wal-Mart opened. Edens agreed that something needed to be

done to negate the parking of tractor trailer trucks. He felt

that the installation of an overhead bar system would assist the

sheriff in enforcing the no parking of tractor trailers. He

said if the sheriff could get involved, they supported this. He

noted that Edens did not yet have a final lease for the urgent

care so he could not provide a timeframe. He added that urgent

care facilities were needed areas with over-crowded hospitals

and an aging population.

There was no input from the public. Mr. Murray closed the

public hearing.

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

the following vote, the Board of Supervisors approved the

request to modify Conditional Use Permit 2003-05-03 to add

urgent care to the list of uses permitted in the Riverton

Commons Shopping Center with the additional condition as

recommended by staff as shown below:

Aye: Carter, Fox, Glavis, Murray, Traczyk

21

“No site plan amendment for an urgent care facility shall be

approved by Warren County until an overhead bar system set at a

height to deter/prevent tractor trailer vehicles is installed by

the applicant at both the western entrance to the property

(Country Club Road and Riverton Commons Plaza entrance) and the

entrance adjacent to the round-about (Country Club Road and

Riverton Commons Drive entrance). The overhead bar system will

be approved by the Director of Planning prior to installation.”

Public Hearing - 2014-05-01 Conditional Use Permit for Short-

term Tourist Rental – Jon and Susan Fuller – Matt Wendling

Mr. Wendling noted that John and Susan Fuller applied for a

conditional use permit for a short-term tourist rental. The

property was identified on Tax Map 22-B, Block R as Parcel 1,

contained .74 +/- acres, was zoned Residential One (R-1), and

was located in the Apple Mountain Lake subdivision (Happy Creek

District). The applicants resided in Florida and purchased this

property to use as a future retirement home and a destination

for family members who resided in Washington, DC. and Florida.

The applicant intended to rent the property for a minimum of

four nights at one time up to six occupants in order to generate

income on the property until the applicants relocated to

Virginia. The property was currently being used by his family.

The Health Department’s recommendations included a maximum of

six people. The Planning Commission forwarded this request to

the Board recommending approval with the following conditions:

1. The applicants shall comply with all Warren County Health

Department and Warren County Building Inspections regulations

and requirements.

2. The maximum number of occupants shall not exceed six (6) as

determined according to the Health Department permit for a

four bedroom dwelling with a maximum occupancy of six (6)

persons.

3. The applicants shall have the well water tested annually and

a copy of the results shall be submitted to the Planning

Department and Health Department.

4. The applicants shall have the septic system inspected

annually and a copy of the results shall be submitted to the

Planning Department and Health Department and it shall be

pumped every five years as recommended by the Health

Department.

22

5. The property shall be in compliance with Section 180-56.4 of

the Warren County Zoning Ordinance regarding supplemental

regulations for short-term tourist rentals.

6. The applicants shall register with the Commissioner of the

Revenue’s office for transient lodging tax purposes.

7. Written notice shall be given to tenants who bring pets to

keep them on a leash at all times while outside.

Mrs. Glavis inquired about the disposal of garbage or

refuse. Mr. Wendling said in this particular case, the property

owner association sent a letter regarding this matter and Mr.

Fuller had a local property manager who could remove the trash,

one of the neighbors who maintained the grounds could remove the

trash, and trash could be removed by a visiting family member.

Mrs. Glavis felt that the disposal of trash should be included

as a condition. Mr. Stanley commented that local trash hauling

companies were available that could be contracted to haul the

trash on a regular basis.

Mr. Wendling pointed out that the Board could also add

conditions to prohibit hunting, open fires, etc. that would

apply to the subdivision’s restrictive covenants and to require

the applicant to provide these restrictions to renters in

writing.

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

from the public. Mr. Murray closed the public hearing.

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

the following vote, the Board of Supervisors denied the

conditional use permit request of Jon and Susan Fuller for a

short-term tourist rental because it would not be harmonious

with the existing neighborhood and due to noise issues, road

concerns, trash issues, etc.:

Carter, aye; Fox, aye; Glavis, aye; Murray, aye; Traczyk, aye

*See page 36

Public Hearing - Z2014-01-01 Proposed Ordinance to Modify

Section 180-13 (Height Ordinance) of the Warren County Code to

allow the Administrative Approval for the Colocation, Removal,

or Replacement of Transmission Equipment in connection with

Telecommunication Towers under Certain Circumstances – Taryn

Logan

23

Mrs. Logan noted that a request was received to modify the

County’s height ordinance to allow the administrative approval

for colocation, removal, or replacement of transmission

equipment in connection with telecommunications towers under

certain circumstances. Mr. Whitten and she met with

representatives from Verizon Wireless to discuss elements of the

Middle Class Tax Relief and Job Creation Act of 2012, which

provided that a state or local government, “may not deny, and

shall approve” any request for colocation, removal, or

replacement of transmission equipment on an existing wireless

tower or base station, provided this action does not

substantially change the physical dimensions of the tower or

base station. Staff asked for an explanation from the Federal

Communications Commission (FCC) on, “does not substantially

change the physical dimensions of the tower or base station.”

The FCC wrote an interpretation which clarified “substantial

increase in the size of the tower.”

The current Zoning Ordinance provided for the colocation of

antennas on existing towers as long as it did not add more than

20 feet in height to the structure or tower and aggregate height

of the tower and antennae did not exceed 199 feet. The

ordinance did not allow for additional buildings in connection

with the colocation and it did not specify protrusions from the

width of the tower. The proposed amendment would allow one

equipment shelter for each antenna array (usually one for each

carrier) and would specify that an appurtenance to the body of

the tower cannot protrude more than 20 feet or more than the

width of the tower structure at the level of the appurtenance,

whichever was greater.

Mrs. Logan noted that the County always encouraged the

colocation of antennae on existing towers and other structures.

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

from the public. Mr. Murray closed the public hearing.

Finding that the proposed zoning ordinance amendment was

required and appropriate for the public necessity, convenience,

and general welfare and was good zoning practice, Mr. Traczyk

made a motion, seconded by Mr. Carter, that the Board of

Supervisors approve the proposed amendment. The motion was

approved by the following vote:

Aye: Carter, Fox, Glavis, Murray, Traczyk

24

An Ordinance to amend Chapter 180 of the Warren County Code

(Zoning Ordinance) to amend Section 180-13(F) to allow the

Administrative Approval for the Collocation, Removal, or

Replacement of Transmission Equipment in Connection with

Telecommunication Towers under Certain Circumstances

BE IT ORDAINED BY THE WARREN COUNTY BOARD OF SUPERVISORS that

the Warren County Code (Zoning Ordinance) be amended as follows:

Amend Section 180-13(F) of the Zoning Ordinance as follows:

§ 180-13. Height. [Amended 8-17-1993; 5-16-1995; 5-30-1995; 8-

20-1996; 8-19-1997]

The height of a building structure shall be measured from the

average elevation of the ground surface along the front of the

building to the highest point of the roof if a flat roof, to the

deckline of a mansard roof or to the average distance between

the eaves and the ridge of a gable or gambrel roof.

A. Buildings in the Industrial Zone shall not exceed 50 feet in

height, provided that a building may be erected to a maximum

height of 100 feet if it is set back from every lot line, in

addition to the required distances, a distance of five feet

for each one foot of height that it exceeds the fifty-foot

limit.

B. Buildings in all zones other than the Industrial Zone shall

not exceed 40 feet in height.

C. Roof-mounted or roof-related noncombustible structures, such

as antennas, chimneys, cooling devices and related apparatus,

shall have a height of no more than 60 feet in the Industrial

Zone, provided that they may be erected to a maximum of no

more than 110 feet if they are set back from every lot line,

in addition to the required distances, a distance of five

feet for each one foot of height that it exceeds the sixty-

foot limit, and no higher than 50 feet in all other zones.

D. Noncombustible structures in the agricultural, commercial,

industrial and residential zones, such as silos, windmills,

water towers, flagpoles, spires, cupolas and related

structures, are exempt from these height restrictions.

E. Ground-mounted structures, such as broadcast towers,

receiving towers, communication relay towers and similar

structures must have Board of Supervisors' approval through

the conditional use permit process. Proposals for such

structures shall demonstrate the following:

25

(1) The Planning Commission and/or the Board of Supervisors

may require the review of the application by a third-

party consultant approved by the Planning Commission or

Board of Supervisors at the expense of the applicant.

(2) All possible means for sharing space on existing towers

or on existing buildings or other structures have been

exhausted and no alternative other than constructing a

new tower exists.

(3) The applicant has executed a letter of intent to allow

other parties to share space on their tower and negotiate

in good faith with other interested parties.

(4) The height of any tower is no more than the minimum to

accomplish required coverage, and any new tower is

separated from any property line or right-of-way by not

less than the height of the tower.

(5) The tower construction is of a design which minimizes the

visual impact and the tower and other facilities have

been camouflaged and/or screened from adjacent properties

and rights-of-way to the maximum extent practicable. To

this end, the proposal must provide for retention of

existing stands of trees and the installation of

screening where existing trees do not mitigate the visual

impact of the facility. Such screening must, at a

minimum, meet the requirements of § 180-18 of this

chapter. The Planning Commission may recommend and the

Board of Supervisors may require additional trees and

screening when the minimum provisions do not mitigate

adverse visual impacts of the facility.

(6) The electromagnetic fields do not exceed the radio

frequency emission standards established by the American

National Standards Institute (ANSI).

(7) The tower shall be inspected annually and certified as

safe by a private firm acceptable by the County and

contracted for by the applicant. A copy of the inspection

report with a certification that the tower is

structurally safe and all microwave equipment is in

proper working condition be provided to the County.

(8) The tower shall be demolished and removed within 90 days

after abandonment. In order to ensure the demolition and

removal of the tower, the applicant shall post a letter

of credit or a bond with adequate surety acceptable to

the County in an amount reasonably determined by the

County, sufficient to pay for the costs of demolition and

26

removal.

F. The placement of three antennas on an existing structure,

such as a building, utility pole, water tank or other

freestanding nonresidential structure or tower, shall be

permitted so long as the addition of said antenna shall not

add more than 20 feet in height to said structure or tower

and the aggregate height of the tower and antenna shall not

exceed 199 feet; and provided, however, that such specific

permitted use shall not include the placement of additional

buildings used in connection with said antenna. The

electromagnetic fields for all antennas shall not exceed the

radio frequency emission standards established by the

American National Standards Institute (ANSI). Notwithstanding

the above, the placement of more than three antennas on such

structures shall require a conditional use permit.

F. (1) The Zoning Administrator may administratively approve

through a zoning permit a change to an approved tower in

conjunction with site plan approval to allow a request for

collocation, removal or replacement of transmission equipment

that meets all of the following standards. In addition, the

Zoning Administrator may also administratively approve

through a zoning permit approval of the placement of three

antenna arrays on an existing structure, such as a building,

utility pole, water tank or other freestanding nonresidential

structure that meets all of the following standards:

a) The collocation, removal, or replacement does not

have the effect of diminishing the concealed character

of the tower originally approved as a concealed tower.

b) The mounting of the proposed antenna does not increase the height of the tower by more than 10% of the height

of the original tower or by the height needed to

provide 20 feet of separation from the closest antenna

array location on the original tower, whichever is

greater except that the mounting of the proposed

antenna may exceed these limits if necessary to avoid

interference with antenna existing on the original

tower. The aggregate height of the tower and antenna

shall not exceed 199 feet.

c) The mounting of the proposed antenna would not involve the installation of more than the standard number of

new equipment cabinets for the technology involved,

not to exceed four, or more than one new equipment

shelter. New equipment shelters and cabinets shall be

located within the existing compound if technically

27

feasible and, if they require expansion of the

equipment compound, shall meet all setback

requirements and be fully screened from view. The

mounting of the proposed antenna would not involve

adding an appurtenance to the tower that would

protrude from the edge of the original tower more than

20 feet or more than the width of the tower at the

level of the appurtenance, whichever is greater,

except that the mounting of the proposed antenna may

exceed the size limits set forth in this paragraph if

necessary to shelter the antenna from inclement

weather or to connect the antenna to the tower via

cable

d) The mounting of the proposed antenna would not involve excavation outside of the original tower site, defined

as the boundaries of the leased or owned property

surrounding the tower and any access or utility

easements currently related to the site as shown on

the originally approved site plan for the tower.

e) The mounting of the proposed antenna would not require lighting be provided on a previously unlit tower.

(2) The electromagnetic fields for all antennas shall not

exceed the radio frequency emission standards established

by the American National Standards Institute (ANSI).

Notwithstanding the above, the placement of more than

three antennas on such structures shall require a

conditional use permit.

G. Requests for exceptions from the height restrictions as set

forth in § 180-13 must have Board of Supervisors' approval

through the conditional use permit process.

Public Hearing - Z2014-05-01 Proposed Ordinance to Modify

Sections 180-8 (Definitions), 180-21 (Agricultural District),

Section 180-49.3 (Microbrewery); and Section 180-49.4 (Brewpub)

of the Warren County Code to Amend the Definition of a Brewpub,

to amend the definition of a Microbrewery, to allow a

Microbrewery by-right rather than by Conditional Use Permit, to

Remove the Minimum Acreage for Microbrewery, and to Amend the

Requirement that a Certain Percentage of Hops must be Grown on

the Farm – Dan Whitten

Mr. Whitten noted that a recent amendment to the Code OF

Virginia allowed breweries as a by-right use on agriculturally

zoned land. Senate Bill 430 amended Section 4.1-208 of the Code

28

of Virginia to authorize brewery licenses to breweries that

manufacture no more than 15,000 barrels of beer per calendar

year provided that agricultural products including hops, barley,

other grains, and fruit used by the brewery in the manufacture

of the beer were grown on the farm. The Senate Bill also

amended Section 15.2-2288.3:1 to state that usual and customary

activities and events at such breweries shall be permitted

unless there was a substantial impact on the health, safety, or

welfare of the public. In addition, the locality cannot

regulate the following: (i) the production and harvesting of the

agricultural products, (ii) the on-premises sale, tasting or

consumption of beer, (iii) the direct sale and shipment of beer,

(iv) the storage and warehousing of beer, and (v) the sale of

beer related items. The locality was still allowed to require

minimum parking, road access, and road upgrade requirements.

The proposed amendments would amend the definitions of

“microbrewery” and “brewpub” to limit the brewery to

manufacturing 15,000 barrels of beer per calendar year. In

addition, a microbrewery would be a use by-right rather than by

conditional use permit. The supplement regulation for

microbrewery would remove the minimum acreage requirement since

the only requirement was that the zoning of the land is

agricultural. Finally, the supplemental regulation for both

microbrewery and brewpub would remove the requirement that 5% of

the hops are grown on the farm and the new requirement is that

agricultural products used to manufacture the beer are grown on

the farm.

The Planning Commission forwarded this amendment to the

Board of Supervisors recommending approval.

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

from the public. Mr. Murray closed the public hearing.

Finding that the proposed zoning ordinance amendments to

Section 180-8, 180-21, 180-49.3, and 180-49.4 of the Warren

County Code were required and appropriate for the public

necessity, convenience, and general welfare and were good zoning

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

the Board of Supervisors approve the proposed amendments as

shown below. The motion was adopted by the following vote:

Aye: Carter, Fox, Glavis, Murray, Traczyk

AN ORDINANCE TO AMEND AND RE-ORDAIN

SECTIONS 180-8; 180-21; 180-49.3; AND 180-49.4

29

OF THE WARREN COUNTY CODE TO AMEND

THE DEFINITION FOR A BREWPUB; TO AMEND THE DEFINITION

FOR A MICROBREWERY; TO ALLOW A MICROBREWERY AS A USE

PERMITTED BY RIGHT RATHER BY A CONDITIONAL USE PERMIT;

TO REMOVE THE MINIMUM ACREAGE FOR A MICROBREWERY; AND

TO AMEND THE REQUIREMENT THAT A CERTAIN PERCENTAGE

OF HOPS MUST BE GROWN ON THE FARM

BE IT ORDAINED BY THE WARREN COUNTY BOARD OF SUPERVISORS that

Section 180-8 of the Warren County Code (Definitions); Section

180-21 of the Warren County Code (Agricultural District);

Section 180-49.3 of the Warren County Code (Microbrewery); and

Section 180-49.4 of the Warren County Code (Brewpub) be amended

and re-ordained as follows:

CHAPTER 180. ZONING.

ARTICLE II. Application

§ 180-8. Definitions

BREWPUB – An establishment that manufactures no more than 15,000

barrels of beer per calendar year and which is located on a farm

growing producing hops, barley, other grains, or fruit used by

establishment for the production of beer. A facility shall be

permitted of no more than 5,000 square feet of floor area for

the production and packaging of beer for retail sale on and off

premises and including the provision of full restaurant

services. This use must comply with the supplemental regulations

found in § 180-49.4 of this chapter.

MICROBREWERY – An establishment that manufactures no more than

15,000 barrels of beer per calendar year and which is located on

a farm growing producing hops, barley, other grains, or fruit

used by establishment for the production of beer. A facility

shall be permitted of no more than 3,000 square feet of floor

area, for the production and packaging of beer for retail sale

on and off premises. This use must comply with the supplemental

regulations found in § 180-49.3 of this chapter.

ARTICLE IV. District Regulations.

§ 180-21. Agricultural (A) District

A. Statement of intent. This district is intended for areas

where general agricultural pursuits are practiced, where low

density residential developments may be situated without

30

degrading the environment and where expanses of open spaces

best exist for parks, playgrounds, game preserves and similar

uses.

B. Uses permitted by right. In addition to agricultural

pursuits, any one of the following uses is permitted by right

on each lot or on each tract or combination tracts in the

Agricultural District:

(1) Single-family dwelling.

(2) Class A, manufactured home dwelling.

(3) Noncommercial park or playground.

(4) Noncommercial fairground.

(5) Game preserve or conservation area.

(6) Municipal sanitary landfills and solid waste collection

facilities established and operated by the Board of

Supervisors.

(7) (Reserved)[1]

[1]:Editor's Note: Former Subsection B(7), Public utility

poles, lines, transformers, pipes, meters and other

facilities not servicing the residents of the County,

was repealed 12-17-1996.

(8) Class B, manufactured home dwelling. [Added 3-21-1995]

(9) Public schools. [Added 6-6-1995]

(10) Sawmills. [Added 7-18-1995; amended 10-15-1996]

(11) Private use camping. [Added 1-16-1996]

(12) Farm winery. [Added 5-19-2009]

(13) Residential facility. [Added 7-20-2010]

(14) Short-term tourist rental on properties of more than

five acres in size. [Added 4-17-2012]

(15) Microbrewery

C. Accessory uses permitted by right. Accessory uses permitted

31

by right shall be as follows:

(1) The subdivision of lots from a single parcel of land

existing of record as of 12:01 a.m. April 6, 1977, may

be made in one of the following ways, provided that

the requirements of Chapter 1.55, Subdivision of Land,

are met:

[Amended 1-20-1998; 12-21-1999; 2-5-2002]

(a) A subdivision with not more than four lots, each

lot containing less than 10 acres, for single-

family dwellings.

(b) A cluster housing development, meeting the

standards of § 180-40.5, with not more than six

lots, for single-family dwellings.

(c) Any combination of a subdivision and a cluster

housing development. The total of all lots shall

be not more than six, and the lots shall be for

single-family dwellings.

(2) Home occupation.

(3) Wayside stands for the display and sale of produce.

(4) Dwelling units for persons employed on the premises.

Maximum number of units per 50 acres: one. Total number

of units permitted per tract or combination of tracts:

five.

(5) Types of accessory buildings permitted: detached garage, patio enclosure, tool storage building, gazebo,

greenhouse and portable storage container. [Added 12-20-

1994; amended 7-17-2007]

(6) Wind energy system, private use. [Added 5-19-2009]

(7) Temporary family health care structure. [Added 7-20-

2010]

D. Uses allowed by conditional use permit. The following named

uses may be permitted upon issuance of a conditional use

permit by the Board of Supervisors:

(1) Airport, heliport and private landing field.

32

(2) Canoeing, boating and fishing equipment rental and

sales.

(3) Cemetery.

(4) Church.

(5) Firewood processing operation. [Added 3-18-2008]

(6) Commercial campground.

(7) Commercial nursery/garden center.

(8) Community center.

(9) Golf course.

(10) Guesthouse.

(11) Hunting/fishing lodge.

(12) Kennel, noncommercial. [Added 1-15-2013[2]]

[2]: Editor's Note: This ordinance also repealed

former Subsection D(12), Kennels, and

redesignated former Subsection D(13) through (38)

as Subsection D(15) through (40), respectively.

(13) Kennel, commercial. [Added 1-15-2013]

(14) Kennel, boarding. [Added 1-15-2013]

(15) Library.

(16) Livestock sales and auctions.

(17) Manufactured home park (mobile home).

(18) Microwave towers and similar communications

structures.

(19) Public protection facilities: fire, police and rescue

departments.

(20) Public utility poles, lines, transformers, pipes,

meters and other facilities not servicing the

residents of the County.

33

(21) Rest home, nursing home, convalescent home and adult

day-care facility. [Amended 7-20-2010]

(22) Riding stables, commercial.

(23) Tenant house, premises less than 50 acres.

(24) Vacation camp, day/overnight.

(25) Veterinary services/animal hospital.

(26) The subdivision of lots from a single parcel of land

existing of record as of 12:01 a.m. April 6, 1977, may

be made in the following way, provided that the

requirements of Chapter 155, Subdivision of Land, are

met:

[Amended 1-20-1998; 12-21-1999; 2-5-2002]

(a) A cluster housing development, meeting the

standards of § 180-40.5, with seven or more lots,

not, to exceed 10, for single-family dwellings.

(27) Archery equipment sales. [Added 6-21-1993]

(28) Boardinghouse, rooming house, bed-and-breakfast

establishment. [Added 3-15-1994]

(29) Commercial outdoor recreational operation. [Added 1-

17-1995]

(30) Combination of a single-family dwelling unit and a

commercial garage (repair) wrecking service. [Added 5-

30-1995]

(31) Gunsmithing/repair/sales shop in conjunction with a

single-family residential dwelling unit. [Added 6-20-

1995]

(32) Private schools. [Added 8-15-1995]

(33) Home enterprise. [Added 10-17-1995]

(34) Private use camping when more than two major

recreational vehicles are to be used. [Added 1-16-

1996]

(35) Office, maintenance yard and building and storage unit

34

facilities in a residential subdivision when owned and

operated by the subdivision's homeowners' association

and when used by the association or by residents of

the subdivision. [Added 5-20-1997]

(36) Retreat center. [Added 12-15-1998]

(37) Artisan and craftsman trades in facilities not

exceeding 5,000 square feet. [Added 2-16-1999]

(38) Activities and events associated with farm wineries

other than those that are usual and customary for farm

wineries throughout Virginia. These shall include, but

not be limited to:

[Added 7-20-2004; amended 5-19-2009]

(a) Live musical concerts.

(b) Wine festivals, including the display, tasting

and sale of wines produced off-site.

(c) Other entertainment festivals.

(d) Athletic events.

(e) Assemblies of more than 100 persons at any one

organized event, not including people coming and

going for daily wine tastings and other wine-

related open house type activities.

(39) Country general store. [Added 7-15-2008]

(40) Short-term tourist rental on properties of five acres

or less in size. [Added 4-17-2012]

(41) Microbrewery. [Added 2-19-2013]

(41) (42) Brewpub. [Added 2-19-2013]

E. Minimum lot area shall be two acres, except for lots in

family subdivisions, which may be a minimum of 1.5 acres and

in cluster housing developments, which may be a minimum of

one acre. [Amended 7-15-1997; 8-4-1998]

F. Minimum lot width shall be 200 feet. [Amended 7-15-1997]

G. Maximum length/width ratio shall be four to one (4:1).

35

H. Minimum yard depth shall be as follows:

(1) Front: 50 feet.

(2) Rear: 35 feet for a principal structure; 10 feet for an

accessory structure.

(3) Side: 15 feet for a principal structure; 10 feet for an

accessory structure.

I. Utility requirements for water and sewer shall be individual,

public or approved private. [Amended 8-17-1999]

§ 180-49.3. Microbrewery.

A. The minimum acreage for a microbrewery operation shall be 10

acres.

A. B. Agricultural products including At least 5% of the hops,

barley, other grains, or fruit utilized in the microbrewery

operation shall be grown on the farm where the microbrewery

is established.

B. C. The microbrewery shall be limited to 10 seats.

C. D. The hours of operation for the microbrewery shall be

between 9:00 a.m. and 5:00 p.m.

D. E. Microbreweries shall be located on a lot or parcel

adjacent to a state-maintained road.

E. F. Beer can be sold for on- and off-premises use.

F. G. The operation shall be in compliance with all Virginia

Department of Health and Virginia Department of

Transportation regulations and requirements.

G. H. The facility shall receive approval and meet the

requirements of the Warren County Building Inspections

Department.

H. I. The operation shall be in compliance with all Alcohol

Beverage Control laws and regulations.

I. J. The microbrewery is subject to the requirements of Warren

County Code § 180-65 regarding permits.

36

§ 180-49.4. Brewpub.

A. A microbrewery shall be the primary use of the property. The

brewpub is permitted in conjunction with the microbrewery

use.

B. Agricultural products including At least 5% of the hops,

barley, other grains, or fruit utilized in the microbrewery

operation shall be grown on the farm where the microbrewery

is established.

C. Full restaurant services and the serving of beer shall be

permitted as part of the brewpub use. Beer can be sold for

on- and off-premises use.

D. The restaurant shall be limited to 50 seats.

E. The hours of operation for the brewpub microbrewery shall be

between 9:00 a.m. and 9:00 p.m.

F. Microbreweries shall be located on a lot or parcel adjacent

to a state-maintained road.

G. The operation shall be in compliance with all Virginia

Department of Health and Virginia Department of

Transportation regulations and requirements.

H. The facility shall receive approval and meet the requirements

of the Warren County Building Inspections Department.

I. The operation shall be in compliance with all Alcohol

Beverage Control laws and regulations.

J. The microbrewery is subject to the requirements of Warren

County Code § 180-65 regarding permits.

* On a motion by Mr. Traczyk, seconded by Mr. Fox, and by the

following vote, the Board of Supervisors agreed to waive the

conditional use permit application fee if the two applicants

denied at this meeting reapply for a CUP for a short-term

tourist rental after the Planning Commission makes a

recommendation to the Board:

Aye: Fox, Glavis, Murray, Traczyk Nay: Carter

37

Reports – Board of Supervisors, County Administrator, County

Attorney continued

Mr. Mitchell reported the following:

His office collected more than $4,100 in delinquent taxes

and other delinquent accounts in June and they continued

with various cases in General District Court as well as

interrogatories with debtors.

A petition for appointment of a 3-judge panel for the

Vazzana (Front Royal Limited Partnership [FRLP]) Annexation

case had been signed by the Town, County, and FRLP. It

will probably be late fall/early winter before a hearing is

held.

His office was reviewing a number of contracts and bids.

His office was working on a number of title examinations.

He explained the bond necessary for use of inmate labor

from the RSW Regional Jail.

Mr. Murray reported the following:

He attended the Northern Shenandoah Valley Regional

Committee meeting.

He attended the RSW Regional Jail meetings.

He attended the Fourth of July celebration at the 4-H

Center.

He attended the ribbon cutting at the Naughty Girl Donut

Shop.

He attended multiple Airport Commission and Air Show

meetings. They were looking for volunteers

He attended the Veteran’s Administration Clinic in

Kernstown. The Front Royal Elks Lodge constructed 6

victory garden stands for disabled veterans.

Approval of Minutes – June 17, 2014

On a motion by Mr. Traczyk, seconded by Mr. Fox, and by the

following vote, the Board of Supervisors approved the minutes of

the Board of Supervisors’ regular meeting of June 17, 2014 as

written:

Aye: Carter, Fox, Murray, Traczyk Abstain: Glavis

38

Additional Appropriations and Transfers

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

the following vote, the Board of Supervisors approved the

additional appropriations and transfers shown below:

Aye: Carter, Fox, Glavis, Murray, Traczyk

Appropriations

81050-5611 Economic Development - Enterprise Zone Grants 154,450.72

92000-7301 Capital Outlay - Rev. Sharing - Fellows Drive 78,686.43

92000-7306 Capital Outlay - Rev. Sharing - Mountain Lake 12,543.91

92000-7302 Capital Outlay - Rev. Sharing - Tomahawk Way 85,685.76

92000-7305 Capital Outlay - Rev. Sharing - Young's Drive 46,868.78

92000-7076 Capital Outlay - Eastham Park 3,256.80

12020-1008 County Administration - Deputy Clerk of Board 2,500.00

12020-1010 County Administration - Grants & Special Projects Coord.

6,500.00

12020-5408 County Administration - Operation of Motor Vehicles 3,000.00

12020-5203 County Administration - Telephone 1,000.00

Special Projects 47,038.73

34010-5505 Building Inspections - State Training 11,412.39

Transfers

FROM: Health Fund (159,788.98)

TO: 11010-2005 Board of Supervisors - Hospital Medical 5,145.32

12020-2005 County Administration - Hospital Medical 14,071.58

12090-2005 Commissioner of Rev. - Hospital Medical 2,708.73

13000-2005 Elections - Hospital Medical 951.72

21060-2005 Clerk of Circuit Court - Hospital Medical 405.79

31020-2005 Sheriff's Office - Hospital Medical 61,408.70

31040-2005 E-911 System - Hospital Medical 2,075.93

33030-2005 Probation - Hospital Medical 3,923.07

34010-2005 Building Inspections - Hospital Medical 7,004.46

35010-2005 Animal Control - Hospital Medical 711.63

35050-2005 Fire and Rescue Dept - Hospital Medical 20,969.83

42040-2005 Refuse Disposal - Hospital Medical 10,163.65

43000-2005 Maintenance of BLDG. & GRNDS - Hospital Medical 2,763.17

53500-2005 Comprehensive Services Act - Hospital Medical 471.64

71010-2005 Parks & Rec. Admin - Hospital Medical 3,111.48

81010-2005 Planning and Zoning Admin - Hospital Medical 4,759.71

83000-2005 VPI Extension Service - Hospital Medical 1,331.91

91000-2005 Non-Departmental - Hospital Medical 5,883.83

39

71050-2005 Parks & Rec. - FR Golf Club - Hospital Medical 11,926.83

FROM: 12020-7005 County Administration - Motor Vehicles (7,500.00)

TO: Special Projects 7,500.00

FROM: 12150-1002 Finance and Purchasing - Compensation Accountant (1,800.78)

TO: 12150-1003 Finance and Purchasing - Compensation Part Time Help 588.56

12150-1007 Finance and Purchasing - Compensation Payroll Tech. 1,211.90

12150-1008 Finance and Purchasing - Compensation Clerk 0.32

FROM: 12150-3007 Finance and Purchasing - Advertising (162.80)

12150-5801 Finance and Purchasing - Dues & Memberships (300.00)

12150-2001 Finance and Purchasing - FICA (2,247.80)

TO: 12150-3004 Finance and Purchasing - Repairs Office Equipment 125.60

12150-5203 Finance and Purchasing - Telephone 200.00

12150-5401 Finance and Purchasing - Office Supplies 600.00

12150-7007 Finance and Purchasing - Computer Equipment 1,785.00

FROM: Special Projects (8,280.00)

TO: 71010-7007 Parks & Rec. Admin - Computer Equipment 8,280.00

FROM: 71020-5424 Parks & Rec. Program - Bus Trips (1,128.00)

71020-5432 Parks & Rec. Program - Adult Softball (2,566.00)

71020-5442 Parks & Rec. Program - Youth Basketball (899.00)

71020-5443 Parks & Rec. Program - Special Int. Fitness (49.00)

71020-5448 Parks & Rec. Program - Special Events (18.00)

71020-5449 Parks & Rec. Program - New Programs (1,112.00)

TO: 71030-1003 Parks & Rec. Maintenance -Compensations PT 5,772.00

FROM: 71020-5443 Parks & Rec. Program - Special Int. Fitness (1,260.00)

71020-5447 Parks & Rec. Program - Youth Football (2,616.00)

TO: 71020-5540 Parks & Rec. Program - Coaches Cert. 3,876.00

FROM: 71020-5446 Parks & Rec. Program - Family/Children's Programs (169.00)

71020-5448 Parks & Rec. Program - Special Events (199.00)

TO: 71020-5445 Parks & Rec. Program - Gymnastics Programs 368.00

FROM: 71030-7011 Parks & Rec. Maintenance - Park Development (1,121.00)

71030-5101 Parks & Rec. Maintenance -Electric Service (958.00)

71030-5402 Parks & Rec. Maintenance - Auto Maintenance (1,802.00)

71030-5405 Parks & Rec. Maintenance - Janitorial Supplies (2,943.00)

71030-5423 Parks & Rec. Maintenance - Youth Center Repairs (139.00)

TO: 71030-7013 Parks & Rec. Maintenance - Recreation Facilities 1,121.00

71030-5406 Parks & Rec. Maintenance - Chemicals 5,842.00

40

FROM: 71030-5423 Parks & Rec. Maintenance - Youth Center Repairs (1,719.00)

71030-5437 Parks & Rec. Maintenance - Flower Gardens (1,055.00)

71030-5420 Parks & Rec. Maintenance - Small Tools (1,688.00)

TO: 71030-3005 Parks & Rec. Maintenance - Service Contracts & Cleaning

1,510.00

71030-3023 Parks & Rec. Maintenance - Safety Program 905.00

71030-5408 Parks & Rec. Maintenance - Operation of Motor Vehicles

1,550.00

71030-5410 Parks & Rec. Maintenance - Uniforms and Wearing Apparel

497.00

FROM: 71030-5420 Parks & Rec. Maintenance - Small Tools (2,333.00)

71030-5417 Parks & Rec. Maintenance - Lighting System (1,813.00)

71030-5413 Parks & Rec. Maintenance - Operating Supplies (3,069.00)

TO: 71030-5407 Parks & Rec. Maintenance - Repairs and Maintenance 7,215.00

FROM: 91000-5899 Non-Departmental - Reserve for Contingencies (3,456.00)

TO: 34010-3002 Building Inspections - Computer Program Modifications 3,456.00

FROM: 92000-7025 Capital Outlay - Revenue Sharing (249,000.00)

Special Projects (151,542.96)

TO: 92000-7301 Capital Outlay - Rev. Sharing Fellows Drive 60,098.25

92000-7302 Capital Outlay - Rev. Sharing - Tomahawk Way 84,470.71

92000-7305 Capital Outlay - Rev. Sharing - Young's Drive 64,220.66

92000-7306 Capital Outlay - Rev. Sharing - Mountain Lake 9,506.72

Special Projects 182,246.62

FROM: 92000-7103 Capital Outlay - Second Middle School (253,679.61)

TO: School Construction Fund 253,679.61

FROM: 92000-7105 Capital Outlay - Leach Run Parkway (200,000.00)

TO: Fund Balance 200,000.00

FROM: Carl & Emily Thompson Charitable Trust (500.00)

TO: Warren County Education Foundation 500.00

FROM: School Operating Fund (378,844.00)

TO: General Fund 378,844.00

Approval of Accounts

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

the following vote, the Board of Supervisors approved the list

41

of accounts:

Aye: Carter, Fox, Glavis, Murray, Traczyk

Checks: 259441-259798 Total: $1,958,957.85

Closed Meeting – Virginia Freedom of Information Act

1. Section 2.2-3711.A.1 Personnel Matters re: Appointment to

Warren County Youth Advisory Board

2. Section 2.2-3711.A.3 Acquisition of Real Property for

Public Purposes

On a motion by Mrs. Glavis and by the following vote, the

Board of Supervisors went into closed meeting pursuant to

Section 2.2-3711.A.1 to discuss an appointment to the Warren

County Youth Advisory Board and pursuant to Section 2.2-3711.A.3

regarding the acquisition of real property for public purposes:

Carter, aye; Fox, aye; Glavis, aye; Murray, aye; Traczyk, aye

At the conclusion of the closed meeting, Mr. Murray called

the meeting back to regular session.

On a motion by Mrs. Glavis and by the following vote, the

Board of Supervisors certified to the best of each member's

knowledge only public business matters lawfully exempted from

open meeting requirements under this chapter and only such

public business matters as were identified in the motion by

which the closed meeting was convened were heard, discussed or

considered in the meeting by the public body:

Carter, aye; Fox, aye; Glavis, aye; Murray, aye; Traczyk, aye

On a motion by Mr. Fox, seconded by Mrs. Glavis, and by the

following vote, the Board of Supervisors authorized the

advertisement of a public hearing to be held August 19, 2014 for

the commencement of eminent domain proceedings to acquire land,

avigation easements, and/or tower and access easements required

by the Federal Aviation Administration to serve the Front Royal-

Warren County Airport from (1) Brainard T. and Rebecca Coffey

(Tax Map Parcels 27-17C and 27-17C2), (2) James and Julie Curry

(Tax Map Parcel 27-17), and (3) Gregory Grigsby (Tax Map Parcel

27-17A1):

Aye: Carter, Fox, Glavis, Murray, Traczyk

42

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

the following vote, the Board of Supervisors appointed Linda

Glavis representing the Warren County Board of Supervisors,

Parks and Recreation Director Dan Lenz, Director of Social

Service Beth Reavis, Sheriff Daniel McEathron, and CSA

Coordinator Jeannie Decker to the Warren County Youth Advisory

Board for terms February 29, 2016:

Aye: Carter, Fox, Glavis, Murray, Traczyk

Adjournment

Mr. Murray adjourned the meeting.