Committee moves FirstEnergy and Rappahannock easement amendments to full board; REC agreement includes $56,000 and up to $3,000 legal fee reimbursement

The Building and Grounds Committee recommended that two separate utility easement items related to Millbrook High School and a new substation be forwarded to the full Frederick County Public Schools board for approval.

FirstEnergy: Mr. Lee introduced a FirstEnergy request described as a language change (not a boundary change) to a 1959 easement that currently specifies a two-pole structure. FirstEnergy representatives said engineering requires a three-pole structure to install switches that allow sectionalizing and backfeeding to the Rappahannock substation. Company representatives explained the three-pole configuration will accommodate the switches and noted modest dimensional differences: the existing two-post structure was described as 65 feet tall and the proposed outer poles would be about 70 feet with the inner pole about 55 feet; cross-arm and pole spacing details were provided by the FirstEnergy representative. After the presentation a committee member recommended forwarding the FirstEnergy easement amendment to the full board; the committee voted by voice—"aye," none opposed—and the motion passed to move the item to the full board.

Rappahannock Electric Cooperative (REC): Mr. Lee introduced an REC request to correct previously recorded easement plats and to clarify the location/scope of rights for the same power line feeding the new substation. REC representatives said title searches and field verification found an older easement and a drafting error that created an 80-foot easement where 40 feet was intended; the corrected plat moves a 10-foot strip to the proper edge of an existing easement to preserve REC’s rights and enable coordinated work with FirstEnergy. During negotiations at the committee, a committee member asked about compensation; REC staff said the comparable payment was approximately $56,000 and that the county should expect legal fees associated with the transaction. Mr. Lee said FCPS had not yet received a REC legal bill but that similar matters previously ran about $2,000. A committee member proposed that REC pay $56,000 for the land and reimburse legal fees not to exceed $3,000; REC representatives accepted that approach. The committee then moved and seconded a motion to send the REC easement changes to the full board with those stipulations. The motion passed by voice vote—"aye," none opposed—and the item will go to the full board.

Both items were presented as easement/plat amendments related to the same distribution/transmission corridor; committee members and utility representatives discussed engineering dimensions, the need for switches, and that the FirstEnergy amendment is a language/structure change while the REC request corrects mapping/drafting errors identified during title work. Committee members clarified that no additional tree clearing was required beyond earlier work for the line.

Actions recorded at the committee were votes to forward both easement items to the full board; both motions passed on unanimous voice votes at the committee but will require full-board approval to take effect.