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April 24, 1991 Regular Meeting235 A Regular Meeting of the Frederick County Board of Super- visors was held on April 24, 1991, 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, VA 22601. PRESENT Kenneth Y. Stiles, Chairman; Robert M. Rhodes, Vice - Chairman; Dudley H. Rinker; Roger L. Crosen; W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. The Chairman called the meeting to order and asked that everyone observe a moment of silence in absence of a Minister. ADOPTION OF AGENDA Mr. Riley, County Administrator, requested the following amendments: 1. Amendment to the Sanitary District Advisory Committee Procedures. 2. Set date for public hearing for Six Year Road Improvement Plan. 3. Road Resolution. Mr. Stiles requested time under "County Officials ". -- 11 Mr. Smith requested time for discussion of the Dillon Rule. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the Agenda was adopted as amended. CONSENT AGENDA Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the following items were approved under the Consent Agenda: Tab D - Memorandum from Assistant County Administrator Re: Request for Transfer of Funds. Tab E - Memorandum from Planning Director Re: Professional Services Budget. Tab F - Memorandum from Planning Director Re: Budget Transfers in Association with Move. Tab G - Correspondence from Judges Sarver and Berry Re: Office Furnishings for Judge -Elect Wetsel. Tab M - Road Resolution - Vassar Circle. APPROVAL OF MINUTES 236 Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the minutes of the Regular Meeting of March 13, 1991 were approved as submitted. Mr. Crosen asked about the status of the policy on proffers that was mentioned on Page 6. Mr. Watkins explained this would be going to the Committee in May. Mr. Crosen stated that he just did not want this process bogged down. MRS CAROL BAYLISS RECOGNIZED BY CHAIRMAN IN CONJUNC WITH NATIONAL SECRETARIES WEEK Mr. Stiles thanked Mrs. Bayliss, Deputy Clerk to the Board, for all her time and efforts on behalf of the Board of Super- visors and the County. WHITE HALL 4 -H CLUB NAMED CLUB OF THE YEAR Mr. Riley stated that 4 -H members, as well as Leaders, were present on behalf of White Hall 4 -H Club at which time they were recognized by the Board as being named County 4 -H Club of the Year. GARY O VANMETER REAPPOINTED TO THE HISTORIC RESOURCES BOARD Upon motion made by W. Harrington Smith, Jr., seconded by Roger L. Crosen and passed unanimously, Gary O. VanMeter was reappointed to the Historic Resources Board as representative from Shawnee District for a three year term, said term to commence May 10, 1991 and expire on May 10, 1994. R. LEE TAYLOR REAPPOINTED TO THE HISTORIC RESOURCES BOARD Upon motion made by W. Harrington Smith, Jr., seconded by Roger L. Crosen and passed unanimously, R. Lee Taylor was reappointed to the Historic Resources Board as a Member -At- Large, for a three year term, said term to commence May 10, 1991 and expire May 10, 1994. It was noted that Linda Spicer's term as a Member -At -Large will expire on May 10, 1991 and that she did not wish to be reappointed. The Board requested that this vacancy be adver- tised. 237 SUPPLEMENTAL APPROPRIATION REQUEST FROM THE REGIONAL JAIL BOARD CHAIRMAN FOR MOWER EOUIPMENT AT THE REGIONAL JAIL - APPROVED Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the request from the Regional Jail Board Chairman for a General Fund supplemental appropria- tion in the amount of $9,608 to purchase a much needed tractor mower for the Regional Jail facility was approved with the understanding that specific specs be issued to all vendors. SANITARY DISTRICT PROCEDURES - APPROVED Mr. Riley presented this and stated that in Paragraph 13, the last sentence needed to be deleted. Mr. Smith stated that in Paragraph 3 and 11, the word "election" should be deleted and the word "selection" inserted. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the Shawneeland Sanitary District Advisory Committee Procedures were approved as amended. PUBLIC HEARING ON THE SIX YEAR SECONDARY ROAD IMRPROVFN'P PLAN TO BE SCHEDULED FOR THE MAY 8 1991 BOARD MEETING BOARD MEMBER W HARRINGTON SMITH, JR.. GWEN MANDEL AND MARTHA RITCHIE APPOINTED TO SERVE ON A SPECIAL COMMITTEE TO LOOK INTO THE CONSOLIDATION OF THE CITY AND COUNTY SOCIAL SERVICES OFFICES Mr. Stiles made these appointments. JAMES DIEHL KENNETH Y STILES DUDLEY H. RINKER AND NED CLELAND APPOINTED TO SERVE ON A JOINT COMMITTEE FOR THE STUDY OF THE CONSOLIDATION OF THE FREDERICK- WINCHESTER SERVICE AUTHORITY AND THE SANITATION AUTHORITY Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, James Diehl, Kenneth Y. Stiles, Dudley H. Rinker and Ned Cleland were appointed to serve on a like committee from the City to study the consolidation of the Frederick - Winchester Service Authority and the Sanitation Authority. MEMORANDUM FROM THE ASSISTANT COUNTY ADMINISTRATOR RE: REQUEST FOR TRANSFER OF FUNDS - APPROVED UNDER THE CONSENT AGENDA Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the request from the Assistant County Administrator, Stephen F. Owen, for a transfer of $4,000 from line item appropriation 10- 1101 - 000 - 5413 -005 to line item 238 appropriation 10- 1101 - 000 - 3002 -000 for the County's newsletter was approved under the Consent Agenda. MEMORANDUM FROM PLANNING DIRECTOR RE: PROFESSIONAL SERVICES BUDGET - APPROVED UNDER THE CONSENT AGENDA Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the request from Planning and Development Director, Robert W. Watkins, for a supplemental appropriation in the amount of $86,419 for professional services was approved. MEMORANDUM FROM PLANNING DIRECTOR RE: BUDGET TRANSFERS IN ASSOCIATION WITH MOVE - APPROVED UNDER THE CONSENT AGENDA Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the request from Planning and Development Director, Robert W. Watkins, for budget transfers totalling $5,070.00 in association with their move was approved. CORRESPONDENCE FROM JUDGES SARVER AND BERRY RE: OFFICE FURNISHINGS FOR JUDGE ELECT WETSEL - APPROVED UNDER THE CONSENT AGENDA Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the request from Judges Sarver and Berry for office furnishings for Judge Elect Wetsel was approved under the Consent Agenda. The cost is to be shared with the City of Winchester. BOARD CHAIRMAN ASKED BOARD TO CONSIDER GIVING SCHOOL TEACHERS A 2 1/2% PAY RAISE - DENIED Mr. Stiles asked Board members to consider giving the School Board the funds in order that the teachers might receive a 2 1/2% pay increase. He felt that in order for the County to get and be able to keep qualified teachers, this needed to be done and he felt the Board could address this within a limited approach. Mr. Smith stated that he supported the $300,000.00 at the budget meeting and $150,000.00 was approved. He stated that he did not appreciate some of the remarks that were made about the Board of Supervisors and their feelings toward funding education in Frederick County, however he is willing to put this aside and vote in favor of the $300,000.00 Mr. Rinker asked if other localities approved their budgets using figures as noted by Board Chairman Stiles. 239 Mr. Stiles replied he was not sure. Mr. Smith stated that the City was proposing various tax increases. Mr. Orndoff asked the Chairman where he was proposing that these funds come from. Mr. Crosen stated that he hoped his blood pressure had come down enough to speak to this issue. He stated that the economy is not well, being in the banking business he sees this. He further stated with what the County knows at this point that they are looking at next year with regard to the budget he could not possibly see how anyone could think of funding an additional $450,000.00 to $500,000.00, instead they should be looking to cut this amount. Mr. Stiles stated that he would not have suggested this had he not thought it could be done by the Board on a sound basis. Upon motion made by W. Harrington Smith, Jr. and seconded by Charles W. Orndoff, Sr. to approve an additional $150,000.00 for a total of $300,000.00 with the hopes that Richmond will come through with $106,780. Mr. Orndoff stated that he did not like changing the budget once it was voted on. Mr. Rhodes stated that he felt the funds are there within the school budget that can be used if they so desire for this salary increase. Mr. Crosen stated that he was sorry teachers' salaries are the issue and asked Mr. Rhodes as a member of the County Finance Committee if he had ever gone forward without a balanced budget. Mr. Rhodes replied no. He asked what happened if the economy did not get better, where would this money come from. The vote on the above request was as follows: Aye - Kenneth Y. Stiles, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Robert M. Rhodes, Dudley H. Rinker and Roger L. Crosen. PLANNING COMMISSION BUSINESS PUBLIC BEARING CONDITIONAL USE PERMIT 1001 -91 OF CLIFTON BRILL - BACK CREEK MAGISTERIAL DISTRICT - APPROVED 240 Mr. Wayne Miller, Zoning Administrator, presented this conditional use permit request and stated that the staff and Planning Commission recommended approval. Mr. Brill was present on behalf of his request. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, conditional use permit number 001 -91 of Clifton Brill, Star Tannery, Virginia, for a Fish Hatchery was approved. This property is located at Star Tannery on Route 603 in the Back Creek Magisterial District and is identified as Parcel 39 on Tax Map 81. CONDITIONAL USE PERMIT #002 -91 OF LARRY A WELSH - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Miller presented this conditional use permit request and stated that the staff and Planning Commission recommended approval with conditions. Mr. Welsh was present on behalf of his request. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, conditional use permit number 002 -91 of Larry A. Welsh, Winchester, Virginia, for a public garage with body repair was approved with conditions as noted by the Planning Commission. This property is located on Route 645, six miles off of Route 522 South in the Shawnee Magisterial District and is identified as Parcel 8 on Tax Map 64E. Board to continue Planning Commission public hearings after Executive Session as Mr. Ambrogi, Commonwealth's Attorney, had to leave the meeting early. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, as amended, Section 2.1 -344, Subsection A (1) and (6) to discuss Personnel and Legal matters. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the Board withdrew from Executive Session. 241 Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the Board reconvened into Regular Session. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, that nothing was discussed other than what was noted in the request for an Executive Session. JOHN TRENARY NAMED CHIEF BUILDING INSPECTOR EFFECTIVE MAY 1. 1991 Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, John Trenary was named Chief Building Inspector effective May 1, 1991. REQUEST FOR FUNDS TO BE TRANSFERRED FOR PAYMENT OF ATTORNEY_ FEES IN THE REASSESSMENT SUIT - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, the transfer of $25,000.00 from Fund Balance to pay for the Attorney's fees for the reassessment suit was approved. WARREN HOFSTRA WITH SHENANDOAH UNIVERSITY ADDRESSED THE BOARD RE: UPDATE ON ARCHAEOLOGICAL SURVEY Mr. Hofstra, with Shenandoah University, appeared before the Board and explained about the grant that made this possible and if additional funds became available, the areas he would like to cover in the future with the Board's endorsement. Mr. Clarence Geier, Professor with James Madison Univers- ity, appeared before the Board and explained that 4,900 acres had been surveyed with 2,017 acres being within the urban zone. The consensus of the Board was that this was a very worth- while project and they would endorse further work and funding. BOARD TO ASK GOVERNOR WILDER TO ABOLISH OR AT LEAST MODIFY THE DILLON RULE Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following resolu- tion was approved and is to be sent to the Governor, as well as our State representatives, requesting that the Dillon Rule be abolished or at least modified: WHEREAS, Governor Douglas Wilder recently announced that serious consideration should be given to relaxing the provisions of the Dillon Rule as it relates to local government; and 242 WHEREAS, it has been the desire of Virginia's counties to become more self- sufficient and independent; and WHEREAS, with declining revenues from the Commonwealth, localities are finding it exceedingly difficult to manage their fiscal priorities. NOW, THEREFORE, BE IT RESOLVED, that the Board of Super- visors for the County of Frederick, Virginia strongly encourages the leadership of the Commonwealth of Virginia to repeal the Dillon Rule in order to allow all of Virginia's localities to become more independent and fiscally responsible. RESOLVED, this 24th day of April, 1991. Planning Commission public hearings continued: REDISTRICTING ALTERNATIVES Mr. Watkins, Planning and Development Director, presented the various alternatives with reference to redistricting within the County. Mr. Riley explained that one of the alternatives would need to be selected at tonight's meeting due to time restraints of the Justice Department. Mr. Linden Fravel, Jr. appeared before the Board and explained that the Stephens City Town Council, after much discussion, had selected Alternative III. He stated that increased traffic was the primary complaint and the Council felt that the citizens of Stephens City have more in common with the citizens to the East of Stephens City rather than to the West. Mr. Walt Cunningham, resident of Shawnee District, appeared before the Board and stated that he was in favor of creating a sixth district for the County due to all the recent growth, especially within his district. Mr. Stiles stated that he felt Stephens City's comments should be considered and that Stephens City should remain in opequon District. He further stated that most people that he had spoken with felt an additional district will be necessary in time, but now is not the time. He stated that the Board should wait for ten years because of staggered terms. Mr. Smith asked Mr. Fravel if Alternative III is not left as an option, what is Stephen City's second choice. Mr. Fravel replied II. Mr. Rinker stated that he did not feel Alternative III was all that workable and he would like to see the Towns of 243 Middletown and Stephens City in different districts. He asked if a new district is created, how would the representative be selected. Mr. Crosen stated that he would like to see a district that has a cross section of people, rural and urban. Mr. Orndoff stated that he liked Alternative I. Mr. Smith stated that he liked Shawnee District just the way it is, therefore he would select Alternative I. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, Alternative II of the Redistricting Plan was approved. ANNUAL REVIEW, RENEWAL AND /OR CANCELLATION OF ALL CONDITIONAL USE PERMITS THAT HAVE BEEN APPROVED BY THE STAFF PLANNING COMMISSION AND THE BOARD OF SUPERVISORS - APPROVED Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the following renewal and /or cancellation of conditional use permits were approved: Permit Number Name Route Number Shawnee District 007 -74 Orrlick Cemetary - Cemetary 656 040 -75 Boyd Unger - Gift Shop 5225 023 -78 Charles W. Bush - Bookkeeping 779 011 -79 Ervin D. & Margie Nates - Home Occupation/ Day Care 657 024 -79 Dr. Robert Kapp - Replace Mobile Home Dodge Avenue 025 -79 Powlen Equipment Co. - Construction Equipment Distribution and Sales 728 001 -81 Gary A. Wygal - Income Tax Service 744 002 -81 Robert Ziegler, Inc. - Off Site Sign 7E 008 -81 Wesley L. Spangler - Antique Shop 50E 007 -82 Stephen & Sue Culbert - Silk Flower Arranging 657 005 -83 Michael D. Hockman - Ambulance Service 5225 001 -85 John W. H. & Gloria M. Collins - Public Garage 645 005 -85 David E. & Nancy M. Ritter - Consignment Shop 1225 244 007 -85 Timber Ridge Ministries, Inc. - Radio Station 5225 004 -86 Ronald M. Mowbray - Mobile Home 642 005 -86 Orville R. Comer - Excavation Business 5225 009 -86 Charles A. Mercer - Gas Pumps 7E 006 -87 R. Thomas & Carolyn G. Malcolm - Beauty Shop 657 006 -89 Kathryn M. Perry - Open Mine Shale Pit 50E 010 -89 Nicholas P. Turner - Landscape & Lawn Service 645 018 -89 Lake Centre (Dave Holiday) - Day Care Facility 642 020 -89 Ann Riddle - Beauty Parlor 644 003 -90 Mariette Zucchi - Day Care Center 522S 009 -90 Edwin & Laura Stewart - Wood Craft Business 50E 012 -90 Warren D. Golightly - Tax and Bookkeeping Service Office 723 019 -90 Michelle Brogger - Catering Service 847 Back Creek District 033 -74 Earl Armel - Mobile Home Park 608 050 -75 Dowling Co., Inc. - Off Site Sign 11S 068 -76 Betty Peacemaker - Beauty Shop 628 004 -77 Emory Wilson - Small Engineer Repair 652 006 -77 Ralph W. Poe - Campground 1317 018 -78 Francis & Helen Kowalski - Antique Shop 50W 022 -78 Round Hill Ruritan Club - Sign 50W 012 -79 Alfred L. & Annie Jane Hicks - Wheel Balancing Shop 628 015 -79 Loring R. Nail - Lawnmower Sales 50W 021 -79 Ralph W. Poe - Campground, Motorhome, Trailer Sales 50W 003 -80 Albert & Sandra Poore - Public Garage 600 008 -80 Melvin E. Nail - Fix -It Shop 614 010 -80 Ralph & Veronica Machotka - Sign Shop 621 025-80 Robert S. Hawkins - Public Garage 622 009 -81 Margaret Brown - Beauty Shop 652 013 -81 Patricia A. Abbott - Beauty Shop 616 002 -84 Raymond R. Lickliter, Sr. - Kennel 611 012 -86 John 0. Hahn - Re- establish a Legal Nonconforming Use 621 245 011 -87 Ann Marie Beach - Beauty Salon 652 005 -88 Raymond E. Brill - Sand Mine 603 006 -88 Gary Ray Hunt - Motorcycle Repair and and Sales 50W 008 -88 Steven P. Williams - Equipment Sales 50W 003 -89 Keplinger Repair Service - Garage and Repair Facility 654 011 -89 Richard L. & Margaret Goodwin - Public Garage 50W 006 -90 Gregory Investments - Recreational Facility /Golf Driving Range 11S 008 -90 Cacapon Valley Child Care Center - 50W/ Community Center /Child Care 704 011 -90 Allen E. Rogers - Lawn Care Office and Warehouse 620 opequon District 018 -74 Ray VanDyke, T. G. Adams - Forest Lake Mobile Home Park 636 019 -74 Leslie Mogle - Bike Shop 647 034 -75 National Trust for Historic Preservation - Mobile Homes 727 005 -77 James K. Cornell - Battle of Cedar Creek Campground 11S 020 -78 James L. & Donna Powell - Auto Repair and Body Shop 11S 004 -80 Ernest C. Layman - Public Garage 11S 019 -80 Richard J. Scherzinger - Small Engineer 179 Repair Meadow 020 -80 M. Lucy Luttrell & Ruth A. Whetzel - Antique Shop 628 022 -80 Thomas & Barbara Conrad - Convalescent and Nursing Home 11S 024 -80 Lawrence Johnson - Shoe Repair Shop 277 014 -81 William D. & Charlotte A. Payne - Engine Repair Shop 522 008 -82 Gilbert C. Mills - Sawmill 522 016 -82 John H. Wert - Gas Station 11S 012 -83 James Lofton - CB Repair & Install 277 006 -85 Iva H. Petre - Grocery Store 11S 012 -85 Raymond W. Davis, Jr. - Clothing and Misc. Retail Sales 522 003 -86 Richard S. Russell - Used Care Display 11S 010 -86 Charles & Fay Grady - Kennel 625 013 -87 Holiday Motel - Motel Sin 11 & 246 014 -87 Roger L. Mogle - Small Engine Repair 016 -87 Harry A. Downard - Farm Supply Sales 002 -89 Thomas J. Gillespie - Auto Repairs 017 -89 Richard A. Keeler - Convenience Store 001 -90 Roy & Patricia Beatty - Garage and Body Repair 015 -90 Kenneth D. & Theresa Kovack - Office and Workshop 017 -90 White Oak Trading Post - Country Store and Campground Gainesboro District 010 -74 Frederick County Fruit Growers - Ag. Workers Housing 002 -78 Lake Holiday Country Club - Sign 006 -78 Edward T. & Carol B. Place - Auction House 009 -78 Joseph A. Helsley - Auction House 010 -78 Jack and Donna Black - Fruit Market 001 -79 Robert E. DeHaven - Country Grocery 005 -80 Wayne & Betty J. Kerns - Public Garage 011 -80 Charles W. Omps (Ralph Poe) - Off Site Sign 005 -81 Charles A. Strother, Sr. - Used Car Parts and Sales 018 -81 Elmer H. Lauck - Public Garage 010 -82 Joseph S. & Lynda DuBose - Garage Farm Equipment and Auto Repair 015 -82 Peter G. & Crystal M. Dassler - Construction & Sales of Utility Bldgs. 018 -82 Jacob Puffenberger - Public Garage 010 -83 Talbert F. DeHaven, Jr. - Gun Shop 006 -84 Phillip E. Wine - Public Garage 007 -84 Shenandoah Valley Oil Co. - Service Station 004 -85 Glenn C. Whitacre - Sawmill, Type B 008 -85 Charles E. Cochran, Jr. - Small Engine Repair /Outdoor Equipment Sales 002 -86 Kenneth Reed, Jr. - Sign 007 -86 Ronald J. DeHaven - Public Garage 008 -86 Robert & Jeanne Spaid - Antique Shop 002 -87 Janet Bissell - Dog Kennel 004 -87 Wray D. & Darlene T. Kimmel - Boarding 627 647 842 522 11S & 634 11 1041 277 522N 522N 654 690 50W 522N 692 50W 654 522 522N 50W 696 608 692 522N 127 654 Fox Dr. 522N 50W 522N 247 Kennel 522N 009 -87 Lloyd R. Renner - Off Premise Sign 522N 010 -87 C. Joe Lizer - Off Premise Sign 522N 012 -87 ADG, Inc. - Commercial Outdoor Recreation Center "AKA" 694 017 -87 Douglas L. Owens - Country General Store/ Gas /Pumps /Private Residence 50W 018 -87 Theodore P. Hoover - Public Garage and Body Shop 654 003 -88 Westminster- Canterbury - Sign 522N 007 -88 Ronald E. Gordon - Automobile Repair 789 011 -88 Holt Corporation - Radio Station 50W 001 -89 Charles & Nancy Thompson - Garden Supplies and Rentals 739 004 -89 William E. Gill - Heatin g and Air Conditioning Business 852 005 -89 John E. & Delphia J. Shelly - Retail Sales and Groceries 522N 012 -89 Charles & Dolores Middleton - VCR Repair Shop 522N 013 -89 Richard Dale & Merle D. Kerns - Country 6001 General Store 690 014 -89 Robert R. Sheehan, Jr. - Sign Shop 50W 007 -90 Roger Lee Jenkins - Auto Repair Garage 608 016 -90 Christopher Chisholm & Stephanie Slonaker - Dog Grooming 522N 018 -90 Ernest W. Creek - Public Garage 701 Stonewall District 026 -74 Stanford & Inge Co. - Off Site Sign 11 & I -81 055 -76 National Advertising Co. - Sign 7 & I -81 009 -77 Margaret A. Carter - Beauty Shop 661 014 -78 Marcus W. Reid - Antique Shop 672 017 -78 Frederick County Fair Association - Camping, etc. 11N 019 -78 Linwood Heironimus, Jr. - CB /Scanner and Misc. Sales 672 003 -79 Union Hall, IAMAW Local 2335 - Union Hall 11N 004 -79 Eston L. Keeler - Antique Shop 672 005 -79 Eston L. Keeler - Sign 672 010 -79 David Grim - Home Occupation /Photography 11N 017 -79 Denny's Inc. - Off Site Sign 7E I ID 016 -81 Bernard & Sally McClung - Model Home 739 003 -82 Jerry & Cathy Harris - TV /Video Rental 661 005 -82 Lloyd & Carolyn Roberts - Beauty Shop 1208 020 -82 Joseph C. Smith - Commercial Sign 11N 002 -83 Glenwood Nicholson - Sign 522N 003 -83 Chester S. Webber - Small Engine Repair 661 004 -83 Marvin D. Hoffman - Saw Sharpening Shop 721 008 -83 R. D. Brown (Bauserman Oil) - Off Site Signs I -81 004 -84 Wayne M. Brandt, III - Welding Shop 664 008 -84 Nerangis Enterprises, Inc. - Off Site Sign 11N 009 -84 Merle L. & Mary A. Swartz - Candy Making and Sales 11N 002 -85 Charles W. & Adriennel L. Schnabel Art Studio 670 009 -85 Nansford, Houston, DeWeese - Small Woodstain Packaging Greenfield 013 -85 Roger Fitzwater - Public Garage Warner 001 -86 Cheryl L. Anderson - Kennel Amended: 10/24/90 - Expansion 836 013 -86 Joseph C. Smith - Group Adult Retirement Home 7E 007 -87 Regency Lake Associates - Off Site Sign 7E 008 -87 Regency Lake Associates - Off Site Sign 7E 004 -88 Joseph C. Smith - Adult Home 7E 013 -88 Cheryl Anderson - Off Site Sign 11N & 836 008 -89 Health Equity Resources of Winchester, 1025 PA Inc. - Addition to Personal Care Home Avenue 019 -89 Joanne R. Happ - Art Studio 661 004 -90 Shirley Wilson - Cottage Occupation and Sign 11N 005 -90 Winchester Skating Center - Off Premise Sign 7E 020 -90 Vickie Patterson - Artist Studio 670 Conditional Use Permits To Be Eliminated 012 -80 John & Linda A. Martin - Gun Dealership Re: No longer in operation - Agreed to cancellation 004 -81 Granville McCauley - Public Garage Re: No longer in operation - Agreed to cancellation 017 -82 Charles & Nancy Thompson - Garden Supplies & Rentals Re: Upgraded by 001 -89 009 -88 Reading Landscapes - Nursery Re: Property rezoned for desired use 249 011 -83 Roy R. & Patricia G. Beatty - Garage & Body Shop Re: Upgraded by 001 -90 End of Planning Commission public hearings. ROAD RESOLUTION - VASSAR CIRCLE - APPROVED UNDER THE CONSENT AGENDA Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the following road resolution was approved under the Consent Agenda: BE IT RESOLVED, that the Virginia Department of Transporta- tion is hereby requested to add the following roads to the Secondary System of Frederick County, pursuant to Section 33.1 -229 of the Code of Virginia, 1950, as amended: Vassar Circle (60' ROW) College Park Subdivision, section IV From: Intersection with Route 1245 To: 239.00' or 0.05 mile west of intersection with Route 1245 (cul -de -sac) Length: 239.00' or 0.05 mile and as described in Deed Book 490, Page 94 and certified on April 18, 1978. The total length of the addition will be 239.00' or 0.05 mile. BE IT FURTHER RESOLVED, that the Board of Supervisors does guarantee to the Commonwealth of Virginia an unrestricted right -of -way of 60' as described in the above referenced Deed Book and Page number, with the necessary easements for cuts, fills and drainage. ROAD RESOLUTION - THWAITE AVENUE - APPROVED UNDER THE CONSENT AGENDA Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the following road resolution was approved under the Consent Agenda: BE IT RESOLVED, that the Virginia Department of Transporta- tion is hereby requested to add the following roads to the Secondary System of Frederick County, pursuant to Section 33.1 -229 of the Code of Virginia, 1950, as amended: Thwaite Avenue (60 Albin Acres, Section II From: End of State Maintenance Route 725 To: 1,142.04' or 0.22 mile south (cul -de -sac) Length: 1,142.04' or 0.22 mile and as described in Deed Book 474, Page 486, certified June 3, 1977 and in Deed Book 686, Page 225, certified July 11, 1988. The total length of the addition will be 1,142.04' or 0.22 mile. BE IT FURTHER RESOLVED, that the Board of Supervisors does guarantee to the Commonwealth of Virginia an unrestricted right -of -way of 60' as described in the above referenced Deed Book and Page numbers, with the necessary easements for cuts, fills and drainage. End of Planning Commission Business. UPON NOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. 250 61 rk Board of Sup visors