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August 30 2011 -- Work Session Agenda Packet
FREDERICK COUNTY BOARD OF SUPERVISORS PUBLIC WORKS AND PUBLIC SAFETY COMMITTEES TUESDAY, AUGUST 30, 2011 12:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA Call To Order County Officials 1. Regional Water Supply Plan (See Attached) 2. Proposed Drought Ordinance(See Attached) A 3. Construction of New Fire Stations and Reconstruction and /or Relocation of Existing Fire Stations. (See Attached)------------------------------------------ - - - - -- C Adiourn w ATTACHMENT 1 Northern Shenandoah Regional Water Sui)Dlv Plan 6/30/2011 The Draft Regional Water Supply Plan was prepared by the Northern Shenandoah Valley Regional Commission and Technical Advisory Committee members from the twenty jurisdictions participating in this Plan. The contents of this Plan are draft and should be considered preliminary in nature until each jurisdiction has had the opportunity to review and approve of this Regional Water Supply Plan. The Regional Water Supply Plan was prepared to meet the mandate set forth in 9 VAC 25 780. Executive Summary: Northern Shenandoah Reeional Water Supply Plan: This summary provides an overview of the following sections of the Plan: • History and Purpose of the Plan • Current Water Sources and Use • Estimated Future Water Demand • Drought Ordinance and Response Plan • Statement of Water Need by 2040 • Alternatives History and Purpose: The purpose of the regional water supply plan is to comply with the State Water Control Board regulation 9 VAC 25 -780, Local and Regional Water Supply Planning. This regional water supply plan is designed to facilitate comprehensive assessment of existing water sources and uses, estimation of projected water demand in the Northern Shenandoah Valley to 2040, and a determination of water surpluses and or deficits to meet the projected water demands. The data contained in the attendant spreadsheets (found on NSVRC website) and in this Plan serve the following functions: meet the mandated requirements of a locality or region; provide documentation and estimates of all reportable water sources and uses within a jurisdiction for a statewide database; raise the awareness of the ability of a locality's existing water uses to meet the projected demand by 2040; aid information for future discussions across jurisdictions for potential future interconnected water sharing; and form one part of a Virginia Water Supply Plan to ensure an adequate supply for all users balanced with ecosystem needs. To prepare the data for this Plan, a technical advisory committee (TAC) was assembled comprised of the twenty jurisdictions located within the Northern Shenandoah Valley planning region. Participating jurisdictions assigned members to the TAC representing the City of Winchester; five counties of Clarke, Frederick, Page, Shenandoah, and Warren; and the fourteen towns of Berryville, Boyce, Edinburg, Front Royal, Luray, Middletown, Mount Jackson, New Market, Shenandoah (town), Stanley, Stephens City, Strasburg, Toms Brook, and Woodstock. The twenty jurisdictions participating in the regional Plan signed a resolution before November 2008 for the Northern Shenandoah Valley Regional Commission to prepare the water supply plan on their behalf and submit it to the Virginia Department of Environmental Quality (DEQ) on or before November 2, 2011, per the regulation. The Northern Shenandoah Valley Regional Commission prepared this regional water supply plan with the involvement of all TAC members. Current Water Source / Use: Existing public and private community water supply systems were detailed for each locality. In addition homes and businesses served by groundwater wells were noted. These wells vary in quantity throughout the year. In addition, agricultural water use was documented from users that report over 300,000 gallons per month. Agricultural water use by livestock was estimated based on the 2007 Census of Agriculture data for each county in the planning region to provide estimates of crop land in acres and cattle head size. In general, most agriculture in the counties of the region uses surface water stream intakes for irrigation with gas -run pumps to withdraw the water. No water usage estimate was calculated for the croplands and vineyards because the use of water on crops varies with annual precipitation. Estimates for livestock were calculated based on number and type of animal. Estimated Water Demand: Residential water demand was based on future population projections for 2010, 2020, 2030, and 2040. The public community water systems that serve Towns were compared to the future estimated population and attendant water need. The private water supply systems were estimated to remain the same throughout the timeline to 2040 (the number serviced by a trailer park or subdivision would remain static). Future estimates of users on community water systems for commercial, industrial, water sales, and unaccounted for losses were calculated based on 2008 data, locality comprehensive plans, and patterns in an area. Self- Supplied nonagricultural and agricultural users were also included in the future water use. Most of these were considered to remain the same in 2008 as they will be in 2040 (some may close, others open with the net number of self - supplied users remaining the same). These often included golf clubs, campgrounds, and other facilities. The number of people not serviced by public or private community water systems were those estimated to be on groundwater individual wells. Estimates of the future water users not serviced with residential community water supply were determined by the projected population not within a water distribution system in the future years. Drought Response and Contingency Plan State regulations stipulate a minimum of three drought stages be included in the Water Supply Drought Response Sections. The Northern Shenandoah Valley Regional Water Supply Plan's Drought Response Section includes these three graduated stages of a drought: Drought Stage Description Action Drought potential if Increase water conservation Watch conditions persist awareness; voluntary actions by citizens Onset of drought is Water conservation awareness; Warning imminent precautionary measures voluntary but encouraged by localities Significant drought or Mandatory responses for water Emergency low water event conservation by localities and public Jurisdictions will have varied declarations of a drought in part due to water sources, water demands, upstream water withdrawals, groundwater's delayed response to reflect low precipitation, equipment failure, and local variations in meteorology and soil moisture. Local ordinances adopted by the localities within this planning region will be appended to the Water Supply Plan. The ordinances document jurisdictional commitment to water conservation implementation and enforcement of the Drought Response Section. Local Trizzers• Each locality has selected local triggers to monitor and use to declare a drought or low water condition. Typically triggers include a stream level measured at a gage or a groundwater level measured at a specified level in a well, if available. A locality may assume a trigger is activated when either their local trigger has reached a predetermined level and / or a trigger from a neighboring jurisdiction within the same sub watershed has been reached. For localities with trigger levels set at percentile flows not posted on the website, the water purveyor will calculate flows to assess if conditions warrant a drought stage declaration. While some drought response actions are applicable to all jurisdictions in the planning region (see list below), other drought response actions are individually determined by each locality based upon the environmental setting and their position within the watershed, water source, and political circumstances. Local water managers and staff will be apprised of Drought Stage declarations through the use of automated crew messaging / emergency notification. Note: In the event of a prolonged, multi - seasonal drought emergency, the locality reserves the right to institute a program of water rationing. The NSVRC will act as a clearinghouse and provide public notification of any drought stage declaration within the region. The public notices will serve to build and raise awareness of the drought status and educate the public of early water conservation steps individuals and localities can implement. Drought stage downgrading will be conducted by the local water purveyor, jurisdictional CAD, or designee as determined by each locality. Decisions to downgrade a stage will be based on the local trigger, DELL and other designated triggers as precipitation increases and soil moisture content and water levels rise in streams and wells. Statement of Water Need: The projected future water demands through 2040 were assessed. Winchester: The City of Winchester has two water sources (river intake and a spring) with a combined maximum capacity of 15 MGD. The future growth scenarios increase the demand to 9.11 MGD. This demand can be met by the existing sources, with an estimated 5.9 MGD surplus in water supply. Clarke County, Towns of Berryville and Boyce: Town of Berryville: Berryville will meet future projected water needs through 2040 based on uses presented below, However, peak water usage in 2040 exceed the current VDH permitted capacity of water. Therefore, a new permit would be necessary for increased water withdrawal. In addition, implementation of water conservation techniques will decrease water use by 20% thereby, resulting in future peak days demands to be met by existing sources. Town of Boyce: The existing supplies and permits for water for the Town of Boyce will meet future water demands to 2040 based on water uses projected below. It should be noted that a decrease in per capita usage of 132 gpd /user would also decrease water demand. A peak factor of 1.2 was used to predict water use on peak days. If a peaking rate of 1.5 were used, the peak day water use by 2040 would not be met, although the annual water demand for 2040 would be satisfied. Frederick County, Towns of Middletown and Stephens City: In Frederick County there are two towns, both of which purchase water from another locality or entity. The Town of Middletown purchases water from the City of Winchester. The Frederick County Sanitation Authority provides water wholesale to the Town of Stephens City. In addition, Frederick County Sanitation Authority provides water to County residents located in the vicinity near the City of Winchester. Estimates of future water demand for those serviced by the Frederick County Sanitation Authority include residential water demand, commercial demand, sales to Stephens City, and unaccounted for losses. Several assumptions were made including the demand by commercial light industrial users and will remain the same from 2008 through 2040. The quantity of water to be sold to Stephens City will remain the same from 2008 through 2040, and the unaccounted for system losses will remain the same from 2010 through 2040, assuming appliance efficiency and distribution upgrades occur. The projected number of residents to be serviced by the Frederick County Sanitation Authority was assumed to remain proportionate to the overall County population from 2008 and 2010. If the Sanitation Authority service area increases based on the projections below and the assumptions of water loss, sales, and commercial demand remain static, the demands projected through 2040 are as follows. The permitted design capacity for the Frederick County Sanitation Authority is 4.928 MGD. The Bartonsville well site has a capacity of 0.5 MGD totaling 5.42 MGD capacity. The Frederick County Sanitation Authority also purchases up to 2 million gallons a day (MGD) from the City of Winchester. Given the sum total of water available through existing water sources of 7.92 MGD, a deficit of water in Frederick County is anticipated to occur between 2020 and 2030. If the Frederick County Sanitation Authority service area continues to serve the same percent of the County population as it increases over time, there will be a proportional increase in residents served by the Sanitation Authority. However, it should be noted that the Virginia Department of Health recommends that once a locality's water demand exceeds 80% of the source capacity, additional water should be secured. The water demand projected for 2020 is 7.83 MGD which exceeds 80% of the 7.92 source capacity. Therefore, it is recommended that between present time and 2020, Frederick County plan for additional water supplies to meet future demands. Either the Sanitation Authority will have to expand their water supply capacity and / or the service area will have to remain at or near the number of 2010 residential connections. Or, as population increases in the County, more residences will need to be required to use groundwater wells. Town of Middletown: The Town of Middletown is anticipated to use water at the rates projected below. Given those rates, the Town will need to look for sources of water by 2030 to meet the demand that will exceed the existing water purchase contract with the City of Winchester. The existing water contract is capped for Middletown at 0.238 MGD. It should be noted, these preliminary projections of water are based on a per capita water daily demand that exceeds state averages (152 gallons per day or gpd). Calculations using state averages of 125 gpd per person would lower the demand. Measures of conservation and other reduction implementation strategies could also significantly reduce the water demand and thereby not necessitate additional water supplies for the future planning period. Town of Stephens City: The Town of Stephens City has water supplied by the Frederick County Sanitation Authority. Based on projections, the Town of Stephen City water use is expected to be met by the existing water system and supplies through 2040. Page County, and Towns of Luray. Shenandoah. and Stanley Based on the ubiquitous nature of groundwater underlying Page County, future demands are anticipated to be met with groundwater wells. Town of Luray: All future uses for water in Luray Town are anticipated to be met by the existing water supplies and permitted capacity to the year 2040. The peak demand for 2040 potentially exceeds the permitted capacity by 2030; however, daily consumptive uses could implement conservation to extend the supply of the sources to satisfy future uses. Disaggregated water use was available for the Town of Luray and is presented below: 7 Town of Shenandoah: Even with a higher than average per capita usage, the Town of Shenandoah is anticipated to have all future water demands met by their exiting supplies. See the summary below of future use projections and have a surplus of 0.3 MGD. Town of Stanley: Future water demands are anticipated to be met by existing water supplies for the Town of Stanley through 2040 with a surplus of 0.05 MGD for peak days by 2040. Shenandoah County. Towns of Edinburg Mt Jackson New Market Strasbure Toms Brook and Woodstock: Based on future water use in Shenandoah County the existing water supplies from Stoney Creek Sanitary District and groundwater wells are anticipated to meet future water use. It is assumed that future development outside water supply service areas will require well development to support housing in rural areas. Town of Edinburg: Future Water uses are anticipated to be met by the existing water supplies in the Town of Edinburg through the planning period to 2040. As is (with no conservation practices implemented), the 2040 average demand would be met by existing wells supplies with a surplus of 0.172 MGD. Town of Mount Jackson: The Town of Mount Jackson will have all water demands met by existing supplies. The per capita water usage rate was fairly low for Mount Jackson. The peaking rate was also low for the Town, at 1.2. The Town will have a surplus of 0.26 MGD in 2040 for average daily use, and a surplus of 0.172 MGD for peak days by 2040. Town of New Market: The Town of New Market will have all future water demands up through 2040 satisfied by existing Town water sources. By 2040, there will be a surplus of 1.238 MGD on peak days and a surplus of 1.779 MGD on average daily usage days. Town of Strasburg: The Town of Strasburg will have water demands met through Town supplies throughout the planning period of 2040. Based on increased permitted source to 3 MGD it is estimated that given the usage predicted in this Plan, by 2040 the Town will have a surplus of 1.713 MGD for average daily use and a surplus of 1.546 MGD for peak days. 8 Town of Toms Brook: The Sanitary District has a permitted capacity of 0.298 MGD. Calculated future water use for the Town of Toms Brook will be met throughout the planning horizon of 2040 with a surplus of water from the existing source, Sanitary District. Town of Woodstock: The Town of Woodstock will be able to satisfy all water demands through 2040 from the Town intake on the Shenandoah River. Based on demand calculations, there will be a water surplus of 0.137 MGD by 2040 on peak days and a surplus of 0.191 MGD on average daily use days. Warren County and the Town of Front Royal: The projected future water demands in Warren County are anticipated to be met through 2040. In general, additional rural development will require groundwater well construction to meet future needs in areas outside community water service systems. Town of Front Royal: Projected water use in the Town of Front Royal was calculated from 2008 water average daily water use of 2.048 MGD and peak day usage in 2008 was 3.35 MGD. Based on projected uses, the Town of Front Royal will meet residential water use and peak uses through 2040 with a permitted capacity of 4 MGD. It should be noted that disaggregated water use for other sectors such as business and system losses is not included in this estimated demand (was not reported for by most Towns). ' ATTACHMENT 2 COUNTY of FREDERICK MEMORANDUM To: Frederick County Public Works Committee From: Candice E. Perkins, AICP, Senior Planner 0 Department of Planning and Development s40/665•6651 FAX; 540/665•6395 Subject: Discussion -- Frederick County Drought Response and Contingency Plan Ordinance Date: July 18, 2011 The Shenandoah Valley Regional Commission has been working on a regional Water Supply Plan and Drought Ordinance which is a mandate of the Code of Virginia. Part of this effort also includes preparation of a local Drought Response and Contingency Plan Ordinance that outlines the drought stages, the voluntary and mandatory water conservation measures and the enforcement procedures for violations. Staff' is seeking comments from the Public Works Committee regarding this local Drought Response and Contingency Plan Ordinance prior to review by the Board of Supervisors. The state mandates that the regional plans and the local plan must be adopted by the County by September 2011, and submitted to the Virginia Department of Water Quality by November 2011. Please feel free to contact myself or Uwe Weindel, Executive Director of the Frederick County Sanitation Authority, should you have any questions on the local drought ordinance. Attachments: 11, Draft Drought Response and Contingency Plan Ordinance cc: Sheriff Williamson Uwe Weindel, FCSA CEP /bad 107 North Kent Street, Suite 202 • Whichester, Virginia 22601-500 July 6, 20`11 DRAFT Drought Response and Contingency Plan Ordinance Chapter XX of the Code of Frederick County §XX -1. Definitions. The following words and phrases, when used in this ordinance, shall have the meaning ascribed to them below, except in those instances when the context clearly indicates a different meaning: Established landscaping: Landscaping plantings or lawnsµ existing in an area after such period of time as to accomplish an establishment and maintenance of growth. Fountain: A water display where water is sprayed strictly for ornamental purposes. New landscaping: Any landscaping or lawns up of plants or seeds planted in or transplanted to an area within such period of time as to accomplish a reasonable establishment and maintenance of growth. This does not include aeration and seeding, dethatching and seeding, or power. overseeding of established lawns. Person: Any individual, corporation, partnership, association, company, business, trust, joint venture or other legal entity. _ Swimming pool: Any structure, basin, chamber, or tank including hot tubs, containing an artificial body of water for swimming, diving or recreational bathing and having a depth of two feet or more at any point, Vegetdbie garden: Any "non - commercial" vegetable garden planted primarily for household use; "noncommercial" includes incidental direct selling of produce from such a vegetable garden to the public. §XX -2. Drought/Law Wat6 Supply Response Plan. The County of Frederick adapts by reference the current version of the Northern Shenandoah Valley Regional Commission (NSVRC) Drought /Low Water Supply Response Plan. The adoption of this plan, or a substitution plan authorized by the County of Frederick, is pursuant to, and authorized by, applicable sections of the Virginia Code (as required by 9VAC 25- 780 -120; and as authorized by Code of Virginia 15.2 -923 (ii) — Local Water - Saving Ordinances, and 15.2 -924 - Water Supply Emergency Ordinances). §XX -03. Authority granted to local}urisdictions by the Code of Virginia. Section 15.2 -924 of the Code of Virginia states that localities have the power to declare watee supply emergency, and to restrict citizens' water use for the prevention of or the July 6, 2011 v duration of a water supply emergency. When such restrictions are put into place, any local water supply system may apply to the State Water Control Board for assistance if they are able to provide evidence that they have exhausted their available means. Water can be bought from one water supplier for the benefit of another to alleviate local water shortages; in such cases, water will be paid for at an agreed upon rate of the supplier. VX -04. Conditions for the declaration of potential shortage of water; applicable restrictions. A. The Drought Contingency and Response Plan for Frederick County provides guidance for evaluating the potential for, or existence of, drought conditions and Implementation of response and contingency' activities for persons utilizing the public water system, The provisions of this section apply only to persons utilizing the public water system, but persons served by private wells are also encouraged to implement voluntary reductions during drought stages. Frederick County is authorized to take special measures of prudent management to prevent a critical wafter shortage when a potential shortage and /or emergency condition exists as outlined in this chapter and in the Frederick Co "runty Sanitation Authority's Drought Management Plan, In the water system(s), and to declare Drought Watch, Drought Warning or Drought Emergency ".conditions within the jurisdiction. The County Administrator in consultation with the Executive Director of the Sanitation Authority will evaluate the conditions and make the determination which stage of drought is occurring. Upon a determination of the existence of .the following conditions, the County Administrator or his designee shall take the following actions: (1) Drought Watch. The Drought Watch stage applies when dry weather conditions persist or worsen and the water demand or usage remains steady or increased which creates questions as to the,sustainabi)ity of the water resource supplies. Drought Watch target is to Increase public awareness and reduce water consumption by 10% for residential users and .15% for non - residentlal users through voluntary water conservation. Required actions include monitoring of drought conditions, notifying the public' of Incipient drought via local media, public service announcement, County website, notices with water bills, and requesting voluntary reduction in nonessential water use, including: • Reduce outdoor water use including the watering of lawns and landscaping; • Use washing machines and dishwashers only when loads are full; • Reduce water use when performing personal hygiene; • Install water savings devices in the home including faucet aerators and low flow toilets; • Install rain barrels for watering plants, washing vehicles and general cleanup; and July 6, 2011 • Check faucets and toilets for potential leaks. (2) Drought Warning. The Drought Warning stage applies when dry conditions are severely affecting the reliability of the water resources and the ability of the Frederick County Sanitation Authority to adequately supply and meet future demands or usage of its clients. drought Warning target is to increase public awareness and reduce water consumption by 15% for residential users and 20% for non - residential users through voluntary and mandatory water conservation. Required actions include monitoring of drought conditions, notifying public of the Drought Warning via local media, public service announcement, County website, notices with water bills, requesting voluntary water conservation measures, and Implementing mandatory reduction in nonessential water use as follows: 1) Voluntary reductions of overall water use by all customers of the FCSA, as set forth above for the Drought Watch stage, and, in addition: a. Customers not served drinking water in restaurants unless requested; b. Ceasing installation of new irrigation taps on the FCSA system; c. Ceasing water service;to customers who have been given a 5 day notice to repair one or more leaks and have failed to do so; d. Limiting expanding new Irrigated land in production or planting or landscaping that is required by site design review process; and e. Reducing watering of shrubbery, trees, lawns, grass, plants, and other established landscaping by implementing an alternate -day use schedules based: on last digit of residential or commercial address: odd - number addresses - Tuesday, Thursday and Saturday; evennumber addresses - Wednesday, Friday and Sunday; with no watering to occur between 10 :00 AM and 6:00 P.M: 2) Specifically prohibited activities using water are: a. Washing down of streets, sidewalks, walkways, driveways, parking lots, service station aprons, tennis courts, other hard surfaced areas, bulidings' and structures, except as required for safety concerns; b. Washing of automobiles, trucks, trailers, boats, and any other types of mobile equipment, except where required to meet air quality standards; c. Using water to maintain fountains, reflective ponds and decorative water bodies for aesthetic or scenic purposes, except where necessary to support aquatic life; d. Obtaining water from fire hydrants for construction purposes, fire drills or any other purpose other than fire suppression or other public emergency; e. Using water to fill or refill public or private swimming pools; and _ f. Bulk water sales (haulers). 3 July G, 2011 3) Intensification of maintenance efforts to identify and correct water leaks in the distribution system. (3) Drought Emergency. The Drought Emergency stage applies when extreme water shortage or drought conditions have caused significant adverse impacts to the reliability of water resources and the ability of the Frederick County Sanitation Authority to adequately supply and meet future demands or usage requirements of its clients and the public health and safety are at risk. Drought Emergency target is to increase public awareness and reduce water withdrawals by 20% for residential users and 25% for non - residential users through' voluntary and mandatory water conservation. Required actions Include monitoring of drought conditions, notifying public of the Drought Emergency via local media, public service announcement, County website, notices with water bills, and requesting voluntary water conservation measures, and implementing mandatory reduction in nonessential water use as follows: 1) Voluntary reductions of overall water use by all customers of the FC5A, asset forth above for the Drought Watch and Drought Warning stages, except that irrigation of established and new landscaping is prohibited, and not voluntary; 2) Specifically prohibited activities using water are: a. Washing down of streets, sidewalks, walkways, driveways, parking lots,.service station aprons, tennis courts, other hard surfaced areas, bulldings,,and`structures, except as required for safety concerns; b. Wash, ing of automobiles, trucks, trailers, boats, and any other types of mobile equipment, except where required to meet air quality standards; c. Using water to maintain fountains, reflective ponds and decorative water bodies for aesthetic or scenic purposes, except where necessary, to support aquatic life; d. Qbtainidj Water from ire hydrants for construction purposes, fire drills of`a`ny other purpose other than fire suppression or other public emergency; e. Using water to fill or refill public or private swimming pools; f. Watering of all shrubbery, trees, lawns, grass, plants, and other established or new landscaping; g. Watering of vegetable gardens; h. Bulk water sales (haulers), 4 July 6, 2011 3) A moratorium on the issuance of all new water service connections. As part of the public information process, notices will be provided to developers on the moratorium. 4) Implementation of conservation water rates for the duration of the drought emergency stage with an increase of 20% over the existing rate. This drought conservation rate is a temporary fee imposed during the current water supply shortage and is not a cost -based rate. The Conservation rate will be terminated at such time as the Drought Emergency status is lifted. 5) Intensification of maintenance efforts to identify and correct water leaks in the distribution system. B. Frederick County shall choose their local data sources establish their local trigger points for the varying declarations, and evaluate various information sources prior to enabling or rescinding any noted declaration. C. During extreme drought emergency situations Frederick County shall be permitted to reduce the water system pressure and to further ration the water supply, as needed. D. Drought Emergency conditions may also be declared by the jurisdiction in certain circumstances which are listed in this chapter, and in the event of equipment failure, contamination'or other. "non- drought ' related event that prevents short -term provision of adequate water'' supplies. AX-05. Notice.' Notice of these public water use.;restrictions' shall be published in the local media for a period of one day per week each week during which the restrictions are in effect and on the County website while the restrictions are in effect. §XX -06. Violation. It shall be a violation of ordinance for any person to use water, or allow or cause the use of water, in violation of the provisions of this ordinance after the first publication required by XX -05 of this ordinance. §XX -07. penalty. A. Violations of this chapter shall constitute civil violations as outlined herein. The Frederick County Sheriffs Department, the Frederick County Fire Marshal and the Frederick County Sanitation Authority are hereby authorized to enforce this chapter and all rules, regulations and penalties herein related to all drought stages. The I: July G, 2011 Sheriff's Department, Fire Marshal or Sanitation Authority may provide a citation for a civil violation to any individual who has violated any provision of this chapter. 1. Any person who violates any provision of this ordinance after publication of notice pursuant to XX -05 above shall be subject to the following civil penalties: Drought Warning Stage: a. For the first violation of a Drought Warning Stage, violators shall be fined $50.00. b. For the second violation of a Drought Warning Stage, violators shall be fined $100.00. c. For the third violation, violators shall be fined $150.00 and will immediately be disconnected from the Frederick County Sanitation Authority's water system for the. duration of the drought warning stage. Such service shall not be restored until the fine'the reconnection fee, along with any other charges are paid. ii. Drought Emergency Stage: a. For the first violati©n.of a Drought Emergency Stage, violators shall be fined $100.00. b. For the second violation of 'e Drought Emergency Stage, violators shall be fined $150.00 and will. be immediately disconnected from the Frederick County Sanitation Authority's water system for the duration of the drought emergency. Such service shall not be restored until the fine, the reconnection NO,, along with any other charges are paid. c. For each, violation`: of water theft during a Drought Emergency Stage from any hydrants, shall `result in $300.00 fine and confiscation of all equiOm' ent. `Said offender'or'cornpany shall be prohibited from accessing any Frederick County, water so" u"rce, Ill. Each violation by a. person shall be counted as a separate violation by that person, irrespective of the location at which the violation occurs. 2. The Executive Director of the Sanitation Authority may waive the penalty if he determines that the''violation occurred due to no fault of the person. 3. Any person issued a citation for a civil violation may make an appearance in person or in writing by mail to the Treasurer of Frederick County, Virginia prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit Liability, and pay the civil penalty established for the violation charged. If a person charged with a violation under this Chapter does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law. In any trial for a violation under this Chapter, the locality shall have the 21 July 6, 2011 burden of proving by a preponderance of the evidence the liability of the alleged violator. An admission of liability or finding of liability under this section shall not be deemed an admission at a criminal proceeding. B. The declaration of a Drought Watch, Drought Warning, or Drought Emergency under this Ordinance shall take effect immediately and be deemed adopted on an emergency basis pursuant to Virginia Code §15.2- 1427(F), provided, however, the declaration shall not be enforced for more than 60 days unless readopted with prior notice and a public hearing pursuant to that Virginia Code section. C. During the implementation of this ordinance, the. temporary repeal of other inconsistent ordinances within the Code of Frederick County may be authorized by the Board of Supervisors. Such temporary repeals shall, last the duration of the decision in effect by the Board, provided,, however, that such temporary repeals shall also not remain in effect for more than 60 days unless ratified with prior notice and a public hearing pursuant to Virginia Code §15.2.1427(F). §XX -08. Appeals and Exceptlons Upon implementation of a Drought Emergency stage (above), the County Administrator shall appoint an appeals board consisting_ of three (3) representatives from the jurisdiction administration and Frederick County Sanitation Authority. The County Attorney or designee shall serve as legal counsel to the appeals board. The appeals board shall be empowered to review customer applications for exemptions from the provisions of the mandatory conservation on a case -by -case basis and, if warranted, to make equitable adjustments to such provisions. The board shall also be empowered to establish regulations governing the granting of temporary exemptions applicable to all or some of the uses of the water supply as set forth. The board shall, in deciding'applications, balartce economic and other hardships to the applicant resulting from the imposition of water use restrictions or allocations against the person and cumulative impacts to the water supply resulting from the granting of exemptions. Individual applications shall be decided by the board within two (2) weeks of receipt of an application in proper form and containing all necessary information. §XX -08. Rescinding orders, Upon determining that conditions necessitating a declaration of a particular drought stage have alleviated, the County Administrator shall reduce to a lower stage or rescind the declaration under this chapter, as appropriate. In addition, nothing in this section shall be construed to prohibit the County Administrator from rescinding any orders issued hereunder when the conditions creating the need for such orders have abated. C Attachment 1 The Public Works and Public Safety Committees held a joint meeting on June 28, 2011 to continue discussions relative to the development of a policy regarding the construction of county owned fire stations and the construction/reconstruction of volunteer owned fire stations. Below is a summary of the committees' findings from that meeting. With regard to County owned fire stations, the committees endorsed the following criteria: - The prototype station containing approximately 11,000 square feet facility with two stacking bays and the ability to expand to three stacking bay. (Bays can accommodate two apparatus per bay, excluding specialized equipment such as a ladder truck.) - The facility also contains bunk rooms, showers, kitchen, conference room, and offices, - These stations would be strategically located to assist/supplement the operations of the existing volunteer companies. - The County will finance, construct, and own all county owned fire stations. Following discussions regarding replacement of existing volunteer stations, the committees reached the following conclusions: - If a station is larger than the county prototype (i.e. 11,000 square feet and up to three stackable bays) cost sharing would be involved. - Facilities (i.e. stations) would be maintained by the career and volunteer personnel assigned to each station. - The volunteer company would own and maintain their equipment. Equipment is defined as apparatus and ancillary support systems needed to operate the apparatus. - Replacement stations that are financed by the County shall be owned by the County. The committees discussed two ancillary, but related issues. The first dealt with county owned fire stations on volunteer owned land. The committees stated the solution to this issue would be for the volunteer company and county to enter into a long term lease agreement, subject to the agreement being satisfactory to both parties. The second item concerned social halls. The committees recommended the following: - If a social hall is to be constructed or replaced, it should be adjacent to or connected to the fire station. - To achieve the best economies of scale, the social hall and station should be constructed at the same time. The volunteer company would be responsible for the debt associated with the social hall and the retirement of said debt. Attachment 1 - The volunteer company would maintain the social hall component. The joint committee requests a work session with the Board of Supervisors regarding this matter. At the conclusion of the work session, staff would be seeking to finalize the development of a formal policy based on the various assumptions and discussions. The final policy would be presented to the Board at a future meeting for action. COUNTY OF FREDERICK, VIRGINIA FIRE AND RESCUE DEPARTMENT 1080 Coverstone Drive Winchester, VA 22602 Dennis D. Linaburg EXECUTIVE SUMMARY Deputy Chief Fire Marshal Life Safety Division June 2, 2011 New /Replacement Fire Station Analysis Dennis D. Linaburg, Chief The task was to poll similar combination fire and rescue departments throughout the Commonwealth for specific data in conjunction with building new and the replacement of existing fire and rescue stations within these jurisdictions. Data was collected from Roanoke, Chesterfield, Loudoun and Hanover Counties. The study focused on ownership, funding solutions, written policies and general construction practices. This data indicated that local government funded and maintained new and replacement stations. Some jurisdictions offered long -term lease options with the volunteers maintaining the operating expenses. Other options included rebuilding /renovating the existing stations and maintaining volunteer ownership through a bond held by the county. New stations A service plan was created which outlined the planned architectural, engineering and construction of new fire and rescue stations over the next five to ten years, as well as planning and implementing renovations for existing station. This plan was aligned with local the Capital Improvement plan (CIP). Inception of the project was based on community development, population growth and existing station needs. All aspects of the plan are reviewed on an annual basis. Renovation Renovation /replacement stations reflect volunteer owned structures. A study conducted by an independent consulting firm was completed to assess the structural aspects of the stations and to determine the scope of work and projected costs. The second phase of the study focused on the capability of the stations to effectively house additional fire and EMS personnel to be on stand -by 24 hours per day. Funding Funding solutions were derived from local budget funding, combination lease- purchase options, bonds, local tax funds and revolving loan funds. Financing would depend upon variables such Life Safety (540) 665 -6350 0 dlinabur @co.frederick.va.us 0 Fax (540) 678 -4739 as ownership, the ability to pay and the ability to manage portions of the renovation project by the volunteer companies. A project management committee was formed to oversee all projects. Social Halls Roanoke and Hanover Counties were the only jurisdictions to address the social hall aspect. They use the hall for fundraising and as a community meeting facility. Collected Data Roanoke County Do you have any construction policies as it relates to building new fire stations and /or the replacement of existing volunteer stations? There are no policies or procedures for combination systems. Who owns the new stations, the land for the new stations, and /or the replacement stations? The County Board of Supervisors acquires the land and builds the new stations which then houses both career and volunteer members. There have been joint ventures with the volunteers because they wanted to add additional bays. The costs were shared but the county maintained ownership and maintenance of the property. How were new /replacement stations funded? Funding was provided by capital improvements, proffers, and capital gains taxes. Who maintains the new stations? The county maintains the stations and property. Do the new stations have social halls, and if so, are they attached to the station? There is one station that has a community hall that can be used for classes, meetings and other events. The volunteers also use it for fundraising activities. Chesterfield County Do you have any construction policies as it relates to building new fire stations and /or the replacement of existing volunteer stations? There are no policies or procedures for combination systems. Who owns the new stations, the land for the new stations and /or the replacement stations? The County acquires the land and builds the new stations which then houses career members and welcomes volunteers to join. At one of the volunteer stations, career staff was pulled due to a mold issue. It was suggested that the facility should be demolished and the county would build a new station in its place. However, this would mean that the building was owned by the county and the volunteers declined. The county then built a new station on acquired land. There have been legal issues with the county building on volunteer owned land. One volunteer station dissolved due to lack of funds and volunteers. There is now an issue over who owns the land — the dissolved volunteer organization or the county, who built the station. It is suggested that the county maintain ownership because of legal and risk management issues. How were new /replacement stations funded? Funding information was not provided. Who maintains the stations? The volunteer stations that are still in operation are owned and maintained by the volunteers. County built stations are owned and maintained by the county and career personnel. Do the stations have social halls, and if so, are they attached to the station? Information regarding social halls was not provided. Loudoun County Do you have any construction policies as it relates to building new fire stations and /or the replacement of existing volunteer stations? Information regarding construction policies was not provided. However, Loudoun County did perform facility assessments of the existing stations prior to any construction or renovations to analyze the costs and benefits. All stations would be required to meet OSHA guidelines and be ADA compliant. Who owns the new stations, the land for the new stations and /or the replacement stations? The land and new stations, if purchased by the county, are owned and maintained by the county. Loudoun has provided three options for the volunteers: 1. A lease agreement between the county and volunteers. The county would own and maintain the station, but it would be operated by the volunteers. The volunteers would be responsible for the utilities, snow removal, decorations, etc. 2. Build and /or renovate the existing volunteer station. The station would be owned and maintained by the volunteers. Loudoun has only done this with one station. It was purchased through a bond that was acquired by the county. 3. Encourage and allow volunteers to join the career stations. How were new /replacement stations funded? The only information provided regarding funding involved the county acquiring a bond to rebuild a volunteer station. Who maintains the stations? County owned stations are maintained by the county. However, if operated by volunteers, they would be responsible for utilities, snow removal, etc. Volunteer stations that are renovated or rebuilt would be maintained by the volunteers. Do the stations have social halls, and if so, are they attached to the station? Loudoun has not agreed to include any social halls into their plans at this time. They have included training /meeting halls to accommodate approximately 30 — 40 members. Hanover County Do you have any construction policies as it relates to building new fire stations and /or the replacement of existing volunteer stations? There are no written policies on construction - just operation. Construction "policies" are evolving over time after numerous projects. Who owns the new stations, the land for the new stations and /or the replacement stations? Hanover County owns the land and all improvements, whether added by the volunteers or by the county. It is the County's opinion that it would not give away millions of dollars in assets to any community group and volunteer fire and rescue is no exception. How were new /replacement stations funded? Stations have been funded through general fund monies and bond issuance. The volunteers fund the furniture and some accessories they wish to have that the county choose not to fund. For example, the volunteers at one station wanted a gas fireplace in their day room. They were allowed to add it to the project, but they had to fund the costs for it to be added. Who maintains the new stations? The county maintains the building and the volunteers provide cleaning services. Any permanent additions or alterations must be approved by the county before they can be done. It is basically a lease agreement between the county and volunteers. Do the new stations have social halls, and if so, are they attached to the station? There are social halls at many of the stations and they are attached to the buildings. They are scheduled and rented out by the volunteers and they maintain all funds collected from their use, There are limitations on the allowed uses of the halls and alcohol is not allowed on the premises. The county maintains all insurance on the buildings and grounds. Summary Table County Policies /plans Lease /Bond /Proffers Social Hall Ownership Roanoke X X Both * Chesterfield X Both * Loudoun X X Both * Hanover X X Both * IvVW 0MLIvllS C21 UWVU Uy UlC county