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March 28, 1990 Regular Meeting551 A Regular Meeting of the Frederick County Board of Super- visors was held on March 28, 1990, at 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT Kenneth Y. Stiles, Chairman; Robert M. Rhodes, Vice - Chairman; Dudley H. Rinker; Roger L. Crosen and W. Harrington Smith, Jr. Charles W. Orndoff, Sr. was absent. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend Paul Phillips of the Burnt Factory United Methodist Church. ADOPTION OF AGENDA Mr. Riley requested the following amendments: 1. Executive Session for discussion of legal matters and acquisition of real estate. 2. Request to replace IBM Copier located in the Administration building. 3. Mr. Crosen requested time to discuss with the Board certain items dealing with the Fire and Rescue Association. Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the Agenda was adopted as amended. APPROVAL OF MINUTES Mr. Crosen stated that on Page 7, seventh paragraph, the words "six units per acre" should be deleted. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the minutes of the Regular Meet- ing of February 14, 1990 were approved as amended. CONSENT AGENDA There were no items under the Consent Agenda. APPOINTMENT TO NORTHWESTERN VIRGINIA HEALTH SYSTEMS AGENCY S LORD FAIRFAX SUBAREA HEALTH ADVISORY COUNCIL AND SANITATION AUTHORITY - TABLED WILLIAM H. BUSHMAN, RESIDENT ENGINEER, VIRGINIA DEPARTMENT OF TRANSPORTATION, ADDRESSED THE BOARD Mr. Bill Bushman, Resident Engineer of the Virginia Depart- ment of Transportation, appeared before the Board to introduce 552 Ms. Sandy Myers and stated that she was recently hired as Press Agent for the Virginia Department of Transportation. Mr. Stiles stated that he had no problem with Ms. Myers, but felt the monies used for this position could be better used in the area of road improvements. Mr. Rinker asked about the status of the extension of Routes 37 and 522. Mr. Bushman replied that he was still awaiting word on the feasibility study. COUNTY TO APPLY FOR REVENUE SHARING FUNDS FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, authorization was given to John R. Riley, Jr., County Administrator, to apply for revenue sharing funds from the Virginia Department of Transporta- tion in the amount of $500,000, and further, request that an additional $250,000 be made available in the event that any funds remain unallocated after initial allocations are made. REQUEST FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION - STAA TO USE ROUTES 17 AND 50 FOR TWIN TRAILERS AND WIDE TRAILERS - DENIED Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, the request of the Virginia Department of Transportation - STAA to use Routes 17 and 50 for 48' trailers, 28' twin trailers and /or 102" wide trailers was denied as they felt this would be very dangerous. Mr. Stiles requested that a copy of the County's letter to the Virginia Department of Transportation be sent to Clarke County. REQUEST FROM DIVISION OF COURT SERVICES FOR PRE -TRIAL RELEASE AND DRUG TESTING PROGRAM - APPROVED Mr. Riley presented this request. Mr. Fred Hildebrand, of the Division of Court Services, was present. Mr. Crosen explained that having reviewed this information, he did not have a problem with this program for the user, but did have a problem with it for the pusher. 553 Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, the request for this program was approved with the understanding that approval is given by the supporting parties and that those charged with "possession offenses" only would be eligible. PLANNING COMMISSION BUSINESS PUBLIC HEARING CONDITIONAL USE PERMIT #001 -90 OF ROY AND PATRICIA DWAMMV - nnunt1nu MnGTWPERTAT. DTSTRICT - APPROVED WITH Mr. Watkins, Planning and Development Director, presented this request and stated that the Planning Commission recommended approval with conditions. Mr. Beatty appeared before the Board on behalf of his request. Mr. Rinker requested that the words "or display" be added to number 7 of the conditions and that it be 500 feet from Route 11. Mr. Beatty had no objection to this. Mr. Stiles noted that correspondence had been received from Mr. Pfahl with regard to this conditional use permit and he requested, and the Board concurred, that this letter be made part of the record. Mr. Crosen requested that no disabled vehicles be stored on the property. No one appeared in opposition to this request. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, conditional use permit number 001 -90 of Roy and Patricia Beatty, Route 2, Box 289, Stephens City, Virginia, for a garage and body repair activities to be located 1 3/4 miles on Route 11, South of Stephens City on the West side was approved with conditions as stated. This property is identified as Parcel 5 -0 on Tax Map 85 in the Opequon Magisterial District. CONDITIONAL USE PERMIT #002 -90 OF CARL C. AY, JR. - STONEWALL MAGISTERIAL DISTRICT - APPROVED WITH CONDITIONS Mr. Watkins presented this request and stated that the Planning Commission recommeded approval with conditions. 554 Mr. Ay appeared before the Board and stated that he understood and had no problems with the conditions. Mr. Stiles stated that he had some concerns on behalf of Mr. Orndoff as he was unable to attend the meeting: 1. Mr. Orndoff agreed with the staff recommendations but did not want to see the greenhouse moved. 2. Additional screening was needed with tall trees. 3. Applicant is to come back to the Board if type of fence to be erected is not agreed upon by both parties. No one appeared in opposition to this request. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, conditional use permit number 002 -90 of Carl C. Ay, Jr., Box 131, Brucetown, Virginia, to retail nursery products on Route 11, one mile North of Clearbrook on the East side was approved with conditions as stated. This property is identified as Parcel 87 -0 on Tax Map 33(A) in the Stonewall Magisterial District. CONDITIONAL USE PERMIT #003 -90 OF MARIETTE LEE ZUCCHI, SHAWNEE MAGISTERIAL DISTRI - APPROVED WITH CONDITIONS Mr. Watkins presented this request and stated that the Planning Commission recommended approval with conditions. Ms. Zucchi appeared before the Board on behalf of her request. Mr. Smith asked how many days the facility would be open and how many students would be present. Ms. Zucchi replied Monday through Friday and no more than thirty students. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, conditional use permit number 003 -90 of Mariette Lee Zucchi, HC 34, Box 9, Winchester, Virginia, for a Day Care Center and sign to be located at the intersections of Route 522 South, Route 645 and Route 776, 0.9 miles off of Route 522 South was approved with conditions as stated. This property is identified as Parcel 72 -0 on Tax Map 64B(A) in the Shawnee Magisterial District. CONDITIONAL USE PERMIT #004 -90 OF SHIRLEY H. WILSON - STONEWALL MAGISTERIAL DISTRICT - APPRO WITH CONDITIONS 555 Mr. Watkins presented this request and stated that the Planning Commission recommended approval with conditions. Mr. Richard Demorest appeared before the Board on behalf of Ms. Wilson. No one appeared in opposition to this request. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, conditional use permit number 004 -90 of Shirley H. Wilson, P. 0. Box 93, Stephenson, Virginia, for a cottage occupation and sign to be located on Route 11 North, toward Stephenson, approximately 1/2 mile past Route 761 was approved with conditions. This property is identified as Parcel 72 -0 on Tax Map 44(A) in the Stonewall Magisterial District. 1990 -1991 CAPITAL IMPROVEMENTS PLAN - APPROVED AS AMENDED Mr. Watkins presented the Capital Improvements Plan for 1990 -1991. The following amendments were requested: 1. Mr. Rinker asked that the water treatment plant in Stephens City be listed as 1b under Priority 1 of the sewer and water project priority list. 2. Mr. Riley stated that the ground storage water at Fort Collier Industrial Park would also need to be added as a high priority as this is currently being considered. 3. Mr. Rinker asked that number 13 be moved to number 5. Mr. Crosen asked if this could be moved to number 8 or 9 inasmuch as funds are not budgeted until 1992 or 1993. Mr. Stiles stated that he hoped this could be done for less than 1,250,000.00. 4. Mr. Rhodes requested that the County and School Board work together on number 11. Mr. Malcolm explained that funds were estimated with County and School Board participating jointly. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the 1990 -1991 Capital Improvements Plan was approved as amended. FUNDS APPROVED FOR PURCHASE OF IBM COPIER Mr. Riley explained there is presently a need for a new copier as the current one is old and in constant need of repair due to the extensive use by all departments. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the purchase of a 556 new IBM copier in the amount of $26,000.00 was approved. This will be purchased under state contract and no additional funds will be needed. FIRE SERVICES AND EMERGENCY SERVICES POSITION TO BE COMBINED AS ONE FULL TIME POSITION Mr. Crosen explained to the Board that he met with the Fire and Rescue Association on March 19 at which time the membership of the Association recommended to combine the full time fire services position with the part time emergency services posi- tion, to be paid a salary equal to the fire marshal position. Mr. Crosen stated that he agreed with this recommendation and asked for Board endorsement. Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved and authorization was given to advertise this position. !ATIONS BUS PROJECT - TABLED UNTIL FURTHER Mr. Crosen informed the Board that the Fire and Rescue Association felt if no additional funding would be available for the communications bus that staff should not spend any further time on this project. Mr. Crosen stated that he endorsed this recommendation and asked that the Board endorse same. Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the communications bus project was tabled. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, as amended, Section 2.1 -344, Subsection A (6) to discuss legal matters and to also discuss acquisition of real estate. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the Board withdrew from Executive Session. 557 BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the Board reconvened into Regular Session. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, that nothing was discussed other than what was noted in the request for an Executive Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WA$ ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. 1 rman, Bo rd io Supervisors Clerk, rd of S p rvisors