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HomeMy WebLinkAboutJanuary 25, 1989 Regular Meeting153 A Regular Meeting of the Frederick County Board of Super- visors was held on January 25, 1989, at 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street, Wincht,ster, 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. Chairman Stiles was not present at the start of the meeting. He arrived at approximately 7:25. VICE - CHAIRMAN CALLED THE MEETING TO ORDER Mr. Rhodes called the meeting to order. INVOCATION The invocation was delivered by the Reverend Susan S. Garrett of the Grace United Methodist Church. ADOPTION OF AGENDA Mr. Riley stated that he had three amendments to the Agenda: 1. Code Amendment in order to loan funds to the Highway Department. 2. Discussion of disposing of any tax bills for $5 or less in value. 3. Request from Clarke County Board of Supervisors to abandon "Ford" on Route 664. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the Agenda was adopted as amended. KEN WIEGAND, EXECUTIVE DIRECTOR, REGIONAL AIRPORT AND BEN DUTTON ADDRESSED THE BOARD Mr. Riley explained that Mr. Charles Harbaugh had appeared at a recent Board meeting wherein he was questioning the con- struction of a new building at the Airport and stated that he felt the size of the building was excessive, not only in size, but also what it was costing to be built, and that Mr. Wiegand was here to answer these claims. Mr. Wiegand explained the size of the building and what offices would be housed within this structure as well as the cost. He further explained that all of this was done by the bid system and duly advertised in nine newspapers. ]_54 Mr. Smith asked about Perry Engineering and whether or not they had bid on the work they were doing. Mr. Wiegand replied that Perry Engineering was the sole source and they were also the low bidder. Mr. Smith also inquired about the system used in selecting the company to handle the car rentals at the Airport. Mr. Wiegand explained how this is done. Chairman Stiles arrived at this time. Mr. Orndoff asked if the current plan had been amended to a smaller plan from the original one. Mr. Wiegand replied yes. Mr. Ben Dutton, County representative on the Airport Authority, appeared before the Board and stated that this build- ing was being constructed with the future in mind and that it will be a very functional building, and that the cost is being bore solely by the Authority. Mr. Orndoff asked if any additional local money would be needed. Mr. Riley replied no. DR. JUAN WEISS AND DR. MALCOLM TENNEY, OF THE FREDERICK - WINCHESTER HEALTH DEPARTMENT, ADDRESSED THE BOARD Dr. Malcolm Tenney appeared before the Board to introduce Dr. Juan Weiss who was recently hired for the position of Execu- tive Director. Dr. Weiss appeared before the Board at which time he gave a brief summary of his education and background in the field of Health. Mr. Stiles asked Dr. Tenney if he had any additional news on alternative septic systems. Dr. Tenney replied that a policy will be forthcoming in the very near future. Mr. Stiles stated that he would appreciate receiving com- ments from other localities with regard to this policy. Dr. Tenney explained that until 1991 it will be acceptable to put raw sewage on the ground, either by using the plow method or by spreading it, and the land has to be located forty miles from a sewage plant. 155 Mr. Stiles asked if farmers are allowed to put their sewage on their land. Dr. Tenney replied that the method he just explained applied to everyone. Mr. Jim Diehl, Chairman of the Sanitation Authority, asked about chicken manure, etc. Dr. Tenney replied that this only addressed human waste. Mr. Stiles thanked Dr. Tenney and Dr. Weiss for being present and for their report to the Board. Mr. Stiles at this time, with the consensus of the Board, moved the Public Works Committee Report to this place on the Agenda due to a large turnout of County firemen. PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, presented this report and stated that he felt the career fire and rescue personnel matter should be referred back to Committee for further study. The Public Works Committee met on Wednesday, January 18, 1989, at 7:30 A.M. Present were Board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr. and Committee members Col. (Ret.) W. Wayne Miller and Keith A. Tubandt. Also present were County Administrator John R. Riley, Jr. and Assistant County Administrator Stephen F. Owen. The following items were discussed: Items Requiring Action Career Fire and Rescue Personnel After considerable discussion, the Committee voted unani- mously to recommend that the Board of Supervisors approve the hiring of seven career fire and rescue personnel in fiscal year 1990, to be deployed by the Emergency Services Coordinator as needed. The Committee had no problems with all other aspects of the original proposal from the Fire and Rescue Committee. Mr. Riley explained that he was willing to meet during the day or evening in order to receive input from the firemen and citizens. 15- Mr. Smith stated that he would request that Frederick County firemen poll their membership on this matter and get back to the Board with their findings. Mr. Stiles stated that he felt this was the wisest decision''i at this time as there are st related to funding, etc. He entire Board is committed to does not feel that the final everyone, but the Board does July 1 of this year. ill a lot of unanswered questions further stated that he felt the having this resolved, however he outcome of this matter will suit hope to have this implemented by Mr. Rinker stated that he definitely wanted the Board to move forward on this and not have it moved to the "back burner ". Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, to refer this back to the Public Works Committee for further study. Items Not Requiring Action House Numbering RFP The Committee instructed staff to advertise the house numbering project request for proposals as soon as possible. White Hall Area Refuse Collection The Committee again discussed a request for a refuse collec- tion facility in the White Hall area. It was their general con- sensus that such a facility should be in the immediate White Hall vicinity and that if such a site can be secured, dumpsters should be installed initially. Public Works Fiscal Year 1990 Budget The Committee scheduled a budget workshop for January 2, 1989, at 9:30 A.M., in the County Administrator's Office. WELLINGTON JONES, ENGINEER /DIRECTOR, SANITATION AUTHORITY, ADDRESSED THE BOARD RE: PARKINS MILL PLANT rronnmF Mr. Jones appeared before the Board and by way of a slide program using charts, explained to the Board the service areas of the Stephens Run Plant and what areas will be serviced by the Parkins Mill Plant scheduled to be completed in September of this year. Mr. Jones further explained that the Authority is in 157 favor of enlarging the plant to be capable of treating one million gallons per day. Mr. Smith asked about the flow at Lakeside and Stephens Run. Mr. Jones replied that last year the combined figure per day was 504,000 gallons. Mr. Smith asked how many gallons would be going into Parkins Mill the day it opens. Mr. Jones replied that is difficult to answer. He explain- ed that based on current figures, additional capacity will be needed by 1992. Mr. Stiles explained that he thought the need for more capacity will be leveling out and will not continue to increase. Mr. Rinker asked how master development plans figure into the Sanitation Authority allocations. Mr. Jones replied they don't, that their policy is that when an individual comes into our office, they pay $1,000 per connection and we hold that for 180 days. Mr. Stiles thanked Mr. Jones for his presentation as he felt it had been very informative. Mr. Jim Diehl, Chairman of the Sanitation Authority, appear- ed before the Board at which time he explained some of the poli- cies and procedures as they relate to construction and water and sewer connections. He explained that sewer and water are plan- ned by the Planning Commission and the Board of Supervisors and that the Authority is trying to stay on top of all this planning as 20% is high, but the Authority feels they are safe with this figure. Mr. Diehl further explained that caution was needed, not to overbuild, as this cost would be passed on to the users. Mr. Crosen explained that it was his understanding that the contractor is currently there and money would be saved by having him increase the size at this time rather than coming back at a later date. He asked about the current moratorium and when it would be lifted. J-58 Mr. Jones replied that it dealt with the Southern part of the County, South of Bass Hoover School, and that it is scheduled to be lifted in June of this year. Mr. Rinker asked if when the pressure is taken off the Stephens Run Plant, if this would help alleviate the odor problems in the Stephens City area. Mr. Jones replied that he was not sure the odor was coming from the Stephens Run Plant. ROBERT AYLOR REAPPOINTED TO SERVE ON THE SUB -AREA HEALTH ADVISORY COUNCIL Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, Robert Aylor was reappointed to serve on the Sub -Area Health Advisory Council, said term to expire on January 25, 1992. JAMES WARREN APPOINTED TO SERVE ON THE SHAWNEELAND SANITARY DISTRICT ADVISORY BOARD Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, James Warren was appointed to serve on the Shawneeland Sanitary District Advisory Board. APPOINTMENT TO THE SHENANDOAH VALLEY INDEPENDENT LIVING CENTER BOARD OF DIRECTORS - TABLED This appointment was tabled until the next Board meeting. PLANNING COMMISSION TO BE INCREASED BY TWO ADDITIONAL MEMBERS - APPROVED Mr. Crosen stated that he felt, at a point, a committee or commission could become too large and he was not in favor of enlarging the membership on the Planning Commission. Mr. Rinker stated that he felt there was a lot of material to be reviewed by the Planning Commission and that two addition- al members might help. Mr. Crosen explained that it concerned him having two addi- tional members from districts rather than two At -Large members as members have a tendency to be loyal to their district and it would be healthier to have two At -Large members. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr., to enlarge the membership on the Planning Commission by two. 159 The above motion was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Dudley H. Rinker, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Roger L. Crosen. FRANK BRUMBACK WILL NOT SEEK REAPPOINTMENT TO THE PLANNING COMMISSION Mr. Rhodes stated that Mr. Frank Brumback, Chairman of the Planning Commission and representative from Back Creek District, had notified him that he will not seek reappointment to the Planning Commission. Mr. Rhodes further requested that anyone interested in this appointment should contact him. The two appointments to the Planning Commission will be acted upon at the next Board meeting. RESOLUTION REQUESTING THE VIRGINIA GENERAL ASSEMBLY TO ALLOW FOR REIMBURSEMENT OF FUNDS ADVANCED TO THE COMMONWEALTH FOR CERTAIN TRANSPORTATION PROJECTS - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the following resolution was approved: WHEREAS, Section 33.1 -75.3 of the Code of Virginia, 1950, as amended, provides for the construction and improvement of primary or secondary roads by Counties; and WHEREAS, said section does not currently provide for reimbursement by the Commonwealth Transportation Board for funds advanced by Frederick County for preliminary engineering on primary and secondary construction projects; and WHEREAS, the Frederick County Board of Supervisors has determined that reimbursement of advanced funding is necessary and in the public interest to accelerate transportation projects. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors hereby request amendment of Section 33.1 -75.3 of the Code of Virginia, 1950, as amended, by the Virginia General Assembly to include reimbursement of funds advanced to the Commonwealth Transportation Board by Frederick County for preliminary engineering for both primary and secondary system construction projects, and BE IT FURTHER RESOLVED, that a copy of this resolution be delivered to Senator William A. Truban, Delegate Alson H. Smith and Department of Transportation Commissioner Ray D. Pethtel for immediate consideration. Passed this 25th day of January, 1989. ALL PERSONAL PROPERTY TAX BILLS FOR ANY AMOUNT LESS THAN $'5 - TO BE EXONERATED 1.60 Upon motion made by W. Harrington Smith, Jr. and seconded by Roger L. Crosen, all personal property tax bills, current and delinquent, for any amount less than $5 to be exonerated. The above motion was made by the following recorded vote: Aye - Robert M. Rhodes, Dudley H. Rinker, Roger L. Crosen, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Kenneth Y. Stiles. PROCLAMATION RE: AMERICAN HISTORY MONTH - APPROVED Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the following resolution was approved: WHEREAS, The National Society Daughters of the American Revolution sponsor February as American History Month each year; and WHEREAS, The backbone of this great nation of America is its history, upon which all of our accomplishments are based; and WHEREAS, American History must be preserved and remembered by all, young and old; and WHEREAS, The importance of remembering American History should be stressed through such valuable community services as educational programs, essay contests and historic tours; and WHEREAS, The importance of remembering American History should be duly noted, NOW, THEREFORE, I, Kenneth Y. Stiles, by virtue of the authority vested in me as Chairman of the Board of Supervisors of the County of Frederick, Virginia, do hereby proclaim the month of February, 1989, to be AMERICAN HISTORY MONTH in Frederick County and urge all Frederick County residents to join with me this month in recognizing the importance of American History in our lives. REQUEST FROM THE WINCHESTER- FREDERICK COUNTY HISTORICAL SOCIETY RE: ESTABLISHMENT OF HISTORIC RESOURCES ADVISORY COMMITTEE - TABLED UNTIL PLANNING COMMISSION PRESENTS THEIR RECOMMENDATION This item was tabled until the Planning Commission presents their recommendation. REQUEST FROM COUNTY OF ESSEX RE: STATE LOTTERY LAW - DENIED Request from County of Essex to have the Legislature of Virginia to adopt legislation in the form of an amendment to Section 58.1 -4022 (D) in order that localities might receive their share of lottery funds to dispose of as they deem necessary. 161 It was the consensus of the Board not to endorse this resolution. PLANNING COMMISSION BUSINESS PUBLIC HEARING AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ARTICLE XIV, M -1 LIGHT INDUSTRIAL) DISTRICT, SECTION 14 -2, ALLOWED USES, TO ALLOW REGIONAL CRIMINAL JUSTICE, ENFORCEMENT AND DETENTION FACILITIES FOR FREDERICK COUNTY, CLARKE COUNTY AND THE CITY OF WINCHESTER - APPROVED Mr. Watkins, Planning and Development Director, presented this request and stated that the Planning Commission recommended approval. Mr. Riley presented slides of the site in question, as well as slides of other jail sites located within industrial parks. Ms. Laverne Myers, resident of Green Street, appeared be- fore the Board and stated that she was opposed to the jail being located in the Industrial Park due to the increased traffic that would be generated by a jail being there. Mrs. Brenda Nelson, resident of Fairview Avenue, appeared before the Board and stated that she opposed the jail being built in this industrial park due to the increase in traffic. Mr. Rhodes asked Mrs. Nelson if she would be opposed to having a company build at the site where the jail is planned, a company having three or four hundred employees. Mrs. Nelson replied that she felt the residents of Fairview Avenue should not have a great deal more traffic on their street regardless of what the reason. Mrs. Helen Momson, resident of Richards Avenue, appeared before the Board opposing this location for a jail. She asked the Board if an in -depth study had been done on this particular site. She further stated that she had contacted the State Compensation Board for figures on how much their office reim- bursed the County for travel and with these figures, as well as other facts, she felt the regional jail should be constructed at Camp 7 in the Southern end of the County. Mr. Bruce Dawson, property owner within the Industrial Park, appeared before the Board opposing this site for the regional jail and stated that as a property owner within the 162 Park, he felt he should have been notified of the possibility of the jail being built in the Park. Mr. Dawson further stated that he was speaking on behalf of the Northwestern Workshop and they are also opposed to the jail being built within the Industrial Park. Mr. Stiles asked Mr. Riley how far is the jail site from the Dawson property. Mr. Riley replied approximately 1,000 feet. Mr. Sam Leinbach, resident of the City of Winchester, appeared before the Board to oppose this site mainly due to the proximity of the hazardous materials stored near the site. Mr. Rhodes explained that there have been retarded children, as well as other citizens that work in the Park and have for years, but there has never been a mention of the fuel farm until now. Mr. Riley stated that this site was announced at least sixty days ago and the site was announced in the news media a number of times. Mr. Dawson asked why the jail was being built on the corner rather than a site further back in the Park. Mr. Riley replied that that was the area that was for sale to them by the owner. Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the following ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ARTICLE XIV, M -1 (LIGHT INDUSTRIAL) DISTRICT, SECTION 14 -2, ALLOWED USES, TO ALLOW REGIONAL CRIMINAL JUSTICE, ENFORCEMENT AND DETENTION FACILITIES FOR FREDERICK COUNTY, CLARKE COUNTY AND THE CITY OF WINCHESTER Mr. Stiles stated that he felt there had been ample time for discussion on this subject and those that have done a study only wanted the jail built at Camp 7 and he wondered how much study had been done on that site. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING ORDINANCE, TO CREATE THE FOLLOWING NEW ZONING DISTRICT: ARTICLE XVII, HE HIGHER EbucmioNT DISTRICT. THIS DISTRICT WILL ALLOW INSTITU- LI1 L11 L\L's(v 11 \L:IL aJ:I L\LV. AL\ L11'1JJ L \LL "LL"/L \1 1w L7L \11VLJJ 1, GENERAL; 1 -1, DEFINITIONS, TO ADD A DEFINITION OF 163 HIGHER EDUCATION - APPROVED Mr. Watkins presented the following ordinance amendment and stated that the Planning Commission recommended approval. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following ordinance amendment was approved: ARTICLE XVII HIGHER EDUCATION DISTRICT HE 17 -1 STATEMENT OF INTENT This district is intended to permit institutions of higher education in appropriate areas. It is intended that uses in this district be properly separated from different uses in adjoining districts. 17 -2 USE REGULATIONS Structures to be erected or land to be used shall be for one or more of the following uses: 17 -2 -1 Institutions of higher education. 17 -2 -2 Utilities necessary to serve allowed uses including poles, lines, distribution transformers, pipes, and meters. 17 -2 -3 Accessory uses and structures. 17 -2 -4 Off- street parking and loading. 17 -2 -5 Directional signs. 17 -3 YARD REGULATIONS 17 -3 -1 Structures shall be located thirty -five (35) feet from any highway, street, or road right of way. 17 -3 -2 The minimum side yard for all structures shall be fifteen (15) feet. 17 -3 -3 The minimum rear yard for all structures shall be twenty -five (25) feet. 17 -4 BUFFERS AND SCREENING 17 -4 -1 The Planning Commission may require distance buffers, as defined in Section 5 -7 -2 of this Chapter, on lots which abut land in any residential district or land areas in other zoning districts which are predominantly residential in nature. The size of the distance buffers shall be set based on the amount of separation needed and provided. 17 -4 -2 The Planning Commission may require landscaped screens or full landscaping, as defined by 5 -5 -5 of this Chapter to separate uses in this district from adjoining residential uses and to achieve the intentions of this Chapter. 17 -5 HEIGHT REGULATIONS 17 -5 -1 Buildings, signs, and structures may be erected up to forty -five (45) feet in height. jbLj ARTICLE I IN GENERAL 1 -1 DEFINITIONS 1 -1 -111 ADDITIONAL DEFINITIONS 1 -1 -111.5 INSTITUTIONS OF HIGHER EDUCATION - An educational institution whose primary purpose is to provide a collegiate or graduate education. REZONING APPLICATION #019 -88 OF WILLIS WHITE, OPEQUON MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the ning Commission recommended approval. Mr. Tom Scully, representing Mr. White, appeared before the Board to answer any questions the Board had. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, rezoning application number 019 -88 of Willis White, 603 South Loudoun Street, Winchester, Virginia, to rezone 2.0498 acres, located directly behind Tony's Supermarket in Stephens City, from B -1 (Business Limited) to B -2 (Business General) was approved. This property is identified as Parcel 148 on Tax Map 85 in the Opequon Magisterial District. REZONING APPLICATION #020 -88 OF WINCHESTER OFFICE CENTER LTD. PARTNERSHIP - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Planning Commission recommended approval. Mr. Bob Mitchell, Attorney, appeared before the Board on behalf of this request. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, rezoning application number 020 -88 of Winchester Office Center Ltd. Partnership, by Wiltshier- Turner, Ltd., General Partner, P. 0. Box 222, Middleburg, Virginia, to rezone 24.95 acres, located on the East side of Route 522 South, from M -2 (Industrial General) and B -2 (Business General) to B -2 (Business General) and B -3 (Industrial Transition) was approved. This property is identified as Parcel A on Tax Map 64 in the Shawnee Magisterial District. ANNUAL REVIEW, RENEWAL AND CANCELLATION OF ALL CONDITIONAL USE PERMITS APPROVED BEGINNING JULY, 1979 BY THE STAFF, PLANNING COMMISSION AND THE BOARD OF SUPERVISORS - APPROVED 165 Mr. Kris Tierney, Deputy Director of Planning and Development, appeared before the Board to present this report. It was noted that number 003 -81 of Joseph Geraci is being operated by the children and it will be renewed. It was the consensus of the Board that the family names are to be added to the conditional use permit. The following complaints /inquiries are to be advertised and brought back to the Board for a public hearing: 019 -87 Jane Sullivan 11/11/87 Shawnee Public Garage 012 -83 James Lofton 01/11/84 Opequon Cottage Occup. CB Repair (Mr. Lofton has requested that his permit be renewed.) 017 -82 Charles & Nancy Thompson 01/12/83 Gaines. Cottage Occup. Garden Supply and Rental (Applicants have applied for a revised CUP) 003 -81 Joseph Geraci 05/13/81 Opequon Eliminate 067 -76 Theodore H. & Margaret P. Sisk 07/14/76 Shawnee 018 -80 Shirley Meade 006 -86 Rodney L. Cowley 005 -86 Orville L. Comer 1980 Gaines. 07/02/86 Gaines. 06/04/86 Shawnee No longer owns property Out of busins. Rezoned; CUP no longer necessary Never constructed 008 -77 Bigman's Restaurant (sign) 08/17/77 Shawnee No longer in existence The following conditional use permits were unanimously approved: I. Before Advertising Was Required - No Adverti: f or Renewal A. No Time 007 -74 040 -75 010 -74 001 -79 019 -74 034 -75 Limits Orrick Cemetary Boyd J. Unger, Jr. Frederick County Fruit Growers Robert E. DeHaven Leslie Mogle National Trust for Historic Preservation 02/13/74 05/14/75 Required Shawnee Shawnee 04/10/74 Gainesboro 02/14/79 Gainesboro 03/13/74 Opequon 02/12/75 Opequon 166 005 -77 - Battle of Cedar Creek 12/13/78 Back Creek 009 -77 Campground 07/10/77 Opequon 050 -75 - Dowling Company, Inc. 01/10/79 Stonewall 015 -78 (sign) 11/12/75 Back Creek 052 -76 - George Kelchner (signs) 01/28/76 Back Creek 022 -78 - Round Hill Ruritan 01/10/79 Stonewall 019 -78 Club (sign) 01/10/79 Back Creek 055 -76 - National Advertsing 02/28/79 Stonewall Company (sign) 03/22/76 Stonewall 026 -74 - Stanford & Inge Company (sign) 07/24/74 Stonewall B. Mobile Homes (For Information Only) 004 -74 - Russell Swimley 01/09/74 Stonewall 008 -74 - Glenn Russell 02/13/74 Stonewall 018 -74 - Forrest Lake Estates MHP 03/25/76 Opequon 033 -74 - Earl L. Armel 12/11/74 Back Creek C. One Year Time Limit 002 -78 - Lake Holiday Country Club (sign) 05/10/78 Gainesboro 006 -78 - Edward T. & Carol B. Place 07/12/78 Gainesboro 009 -78 - Joseph A. Helsley 08/23/78 Gainesboro 010 -78 - Jack Black 09/13/78 Gainesboro 068 -76 - Betty J. Peacemaker 08/25/76 Back Creek 004 -77 - D. Emory Wilson 04/25/77 Back Creek 006 -77 - Ralph Poe /77 Back Creek 018 -78 - Francis & Helen II. 004 -79 - Kowalski 12/13/78 Back Creek 009 -77 - Margaret A. Carter 10/26/77 Stonewall 014 -78 - Marcus W. Reid 01/10/79 Stonewall 015 -78 - Anton B. Papierniak /78 Back Creek 017 -78 - Frederick County Fair Required for Renewal Association 01/10/79 Stonewall 019 -78 - Linwood Heironimus 01/10/79 Stonewall 003 -79 - Union Hall 02/28/79 Stonewall II. 004 -79 - Eston L. Keeler (sign) 02/28/79 Stonewall 005 -79 - Eston L. Keeler 04/12/79 Stonewall 023 -78 - Charles W. Bush 01/24/79 Shawnee After Advertising Was Required A. No Time Limits - No Advertising Required for Renewal 167 015 -79 - Loring R. Nail 07/11/79 Back Creek 017 -79 - Denny's, Inc. /79 Stonewall 024 -79 - Dr. Robert Kapp 02/13/80 Shawnee 025 -79 - Powlen Equipment Company 02/27/80 Shawnee B. One Year Time Limit - Advertising Required for Renewal 010 -79 - David B. Grim 07/11/79 Stonewall 003 -80 - Albert & Sandra Poore 06/11/80 Back Creek 005 -80 - Robert & Betty Kerns 06/11/80 Gainesboro 014 -80 - John M. & Shirley Klein 12/10/80 Back Creek 011 -80 - Ralph Poe (sign) 11/12/80 Gainesboro 012 -80 - C. John & Linda A. Martin 11/12/80 Gainesboro 019 -80 - Richard J. Scherzinger 12/10/80 Opequon C. Annually Renew and Review - Advertising Required for Renewal 020 -78 - James L. & Donna Powell /78 Opequon 011 -79 - Ervin & Margie Nates 07/11/79 Shawnee 021 -79 - Ralph W. Poe 11/14/79 Back Creek 004 -80 - Ernest C. Layman /80 Opequon 008 -80 - Melvin E. Nail 09/10/80 Back Creek 001 -81 - Gary A. Wygal 04/08/81 Shawnee 002 -81 - Robert F. Zeigler (sign) 04/08/81 Shawnee 004 -81 - Granville B. McCauley 06/11/81 Gainesboro 005 -81 - Charles A. Strother, Sr. 06/11/81 Gainesboro 007 -81 - John & Brenda Owings /81 Opequon 008 -81 - Wesley L. Spangler 06/11/81 Shawnee 009 -81 - Margaret G. Brown 06/11/81 Back Creek 013 -81 - Patricia A. Abbott 10/14/81 Back Creek 014 -81 - William D. Payne 10/14/81 Opequon 016 -81 - Bernard & Sally McClung 11/10/81 Stonewall 018 -81 - Elmer H. Lauck 01/20/82 Gainesboro 019 -81 - Craig & Seri Kern 01/20/82 Gainesboro 003 -82 - Mr. & Mrs. Jerry Harris 04/14/82 Stonewall 005 -82 - Lloyd L. & Carolyn J. Roberts 04/28/82 Stonewall 007 -82 - Stephen & Sue Culbert 05/26/82 Shawnee 1-68 008 -82 - Gilbert C. Mills 05/26/82 Opequon 009 -82 - Cohoka Corporation 05/20/82 Back Creek 010 -82 - Joseph S., Jr. & Lynda H. DuBose 08/11/82 Gainesboro 015 -82 - Peter G. & Crystal 007 -84 - Shenandoah Valley Oil M. Dassler 11/24/82 Gainesboro 016 -82 - John H. Wert 01/12/83 Opequon 018 -82 - Jacob Puffenberger 02/23/83 Gainesboro 020 -82 - Joseph C. Smith (sign) 01/26/83 Stonewall 002 -83 - Glenwood Nicholson /84 Stonewall 001 -85 (sign) 04/27/83 Stonewall 003 -83 - Chester S. Webber 04/27/83 Stonewall 004 -83 - Marvin 0. Hoffman 05/25/83 Stonewall 005 -83 - Michael Dwayne & Martha 03/13/85 Stonewall 004 -85 Hockman 05/25/83 Shawnee 006 -83 - Craig D. & Seri K. Kern 05/25/83 Gainesboro 008 -83 - R. D. Brown (sign) 08/24/83 Stonewall 009 -83 - Gary Ray Hunt 08/24/83 Back Creek 010 -83 - Talbert F. DeHaven 11/09/83 Gainesboro 011 -83 - Roy R. & Patricia G. 07/10/85 Gainesboro Beatty /83 Opequon 013 -83 - James L. Norman /83 Opequon 002 -84 - Raymond R. Leckliter, Sr. 05/09/84 Back Creek 004 -84 - Wayne M. Brandt, III 07/11/84 Stonewall 006 -84 - Philip E. & Mary V. Wine 08/22/84 Gainesboro 007 -84 - Shenandoah Valley Oil Corporation 09/12/84 Gainesboro 008 -84 - Nerangis Enterprises (sign) 10/03/84 Stonewall 009 -84 - Merle L. & Mary A. Swartz /84 Stonewall 001 -85 - John W. H. & Gloria M. Collins 02/13/85 Shawnee 002 -85 - Charles W. & Adriennel Schnable 03/13/85 Stonewall 004 -85 - Glenn C. Whitacre 05/08/85 Gainesboro 005 -85 - David E. & Nancy M. Ritter 05/08/85 Shawnee 006 -85 - Iva H. Petre 05/08/85 Opequon 007 -85 - Timber Ridge Ministries 06/11/85 Shawnee 008 -85 - Charles E. Cochran 07/10/85 Gainesboro fie! 008 -87 - Regency Lakes 009 -85 - Hansford Houston Stonewall 009 -87 - Lloyd R. Renner 05/13/87 DeWeese 08/28/85 Stonewall 05/13/87 012 -85 - Raymond W. Davis, Jr. 11/13/85 Opequon Shawnee 013 -85 - Roger Fitzwater 11/13/85 Stonewall - 001 -86 - Cheryl L. Anderson 01/22/86 Stonewall - Roger L. Mogle 002 -86 - Kenneth Reed, Jr. 03/19/86 Gainesboro 10/14/87 003 -86 - Richard S. Russell 03/19/86 Opequon Gainesboro 004 -86 - Maynard F. Mowbray 06/04/86 Shawnee 003 -88 007 -86 - Ronald J. DeHaven 07/02/86 Gainesboro of Winchester 008 -86 - Robert E. & Jeanine 004 -88 - Joseph C. Smith 03/09/88 Stonewall Spaid 07/02/86 Gainesboro Back Creek 009 -86 - Charles A. Mercer 08/06/86 Shawnee 007 -88 012 -86 - John 0. Hahn 02/04/87 Back Creek - Stephen P. Williams 013 -86 - Joseph C. Smith 02/04/87 Stonewall 06/08/88 002 -87 - Janet Bissell 02/04/87 Gainesboro 004 -87 - Wray D. & Darlene T. Kimmel 03/11/87 Gainesboro 006 -87 - R. Thomas & Carolyn G. Malcolm 04/08/87 Shawnee 007 -87 - Regency Lakes Associates 05/13/87 Stonewall 008 -87 - Regency Lakes Associates 05/13/87 Stonewall 009 -87 - Lloyd R. Renner 05/13/87 Gainesboro 010 -87 - C. Joe Lizer 05/13/87 Gainesboro 011 -87 - Ann Marie Beach 05/13/87 Shawnee 012 -87 - ADG, Inc. 06/10/87 Gainesboro 013 -87 - Holiday Motel 06/10/87 Opequon 014 -87 - Roger L. Mogle 07/08/87 Opequon 016 -87 - Harry A. Downard 10/14/87 Opequon 017 -87 - Douglas L. Owens 10/14/87 Gainesboro 018 -87 - Theodore P. Hoover 11/11/87 Gainesboro 003 -88 - Westminster - Canterbury of Winchester 02/10/88 Gainesboro 004 -88 - Joseph C. Smith 03/09/88 Stonewall 005 -88 - Raymond E. Brill 07/13/88 Back Creek 006 -88 - Gary Ray Hunt 03/09/88 Back Creek 007 -88 - Ronald E. Gordon 04/13/88 Gainesboro 008 -88 - Stephen P. Williams 05/11/88 Back Creek 009 -88 - Reading Landscapes 06/08/88 Gainesboro 170 011 -88 - Holt Corporation 09/14/88 Gainesboro D. Three Year Time Limi - Staff Reveiw Onl 012 -79 - Alfred L. & Annie Jane Hicks 010 -80 - Ralph & Veronica Machotka 025 -80 - Robert S. Hawkins /79 Back Creek 10/08/80 Back Creek 02/11/81 Back Creek E. Five Year Time Limit - Staff Review Only 020 -80 - M. Lucy Luttrell & Ruth A. Whetzel 12/10/80 Opequon 024 -80 - Lawrence Johnson 02/11/81 Opequon F. No Time Limit - Staff Review Onl 022 -80 - Thomas & Barbara Conrad 12/10/80 Opequon G. Quarterly Review 010 -86 - Charles & Fay Grady /86 Opequon Other Planning Items PRELIMINARY MASTER DEVELOPMENT PLAN - STIMPSON APARTMENTS TABLED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. Bruce Edens, local Surveyor, appeared before the Board on behalf of this request. The question of whether or not a 600 foot buffer zone was required in a situation such as this was discussed. Mr. Stiles explained that it was his understanding that a residential area could not be built within 600 feet of a sewer plant. Action on this preliminary master development plan was tabled until the next meeting in order that the staff would have adequate time to research the question on the buffer require- ments. Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the preliminary master develop- ment plan of Stimpson Apartments was tabled. REZONING APPLICATION OF ADD PARTNERSHIP - TABLED FOR SIX MONTHS The applicant requested that this rezoning application be tabled for six months. The Board concurred. 171 CONDITIONAL USE PERMIT OF CHERYL ANDERSON - TABLED Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the conditional use permit request of Cheryl Anderson was tabled per her request. REZONING APPLICATION OF SHIHO, INC. - NO ACTION NECESSARY The applicant withdrew the request to rezone the remaining Eastern portion of the 92 acre tract at Route 642 and Route 37, therefore, no action by the Board was necessary. COMMITTEE REPORTS FIRE AND RESCUE COMMITTEE REPORT Mr. Crosen, Board liaison on the Fire and Rescue Committee, presented the following report and stated that it was for the Board's information only: The Fire and Rescue Committee met on Monday, January 16, 1989, at 7:30 P.M., in the Round Hill Volunteer Fire Company facility. All companies were represented. Also present were Assistant County Administrator Stephen F. Owen, Emergency Services Coordinator Homer H. Sanders and Fire Marshall Douglas A. Kiracofe. The following items were discussed, however, none require Board action at this time: Emergency Services Coordinator's Report Homer Sanders referred to his written reports submitted for November and December, 1988 and added that new office space is being developed at 21 Court Square for Emergency Services and the Fire Marshall. He also scheduled a chlorine leak class for March 4, 1989, at Greenwood. Landfill Gate Steve Owen advised that a new gate is being fabricated for the Landfill road to be installed much closer to Sulphur Spring Road. A key will be provided to Greenwood. Commercial Burn Permit Frank Weller advised the Committee that the Board of Super- visors had adopted the commercial burn permit ordinance as recom- mended. 172 Fire Marshall's Report Doug Kiracofe advised the companies that electric meters which are pulled out after a fire should be noted on their fire incident reports. He also offered the companies building plans (as- builts) for commercial buildings dating back to 1973 that have been located in storage. Annual Financial Reporting Steve Owen reported that the annual financial reporting forms are being revised and would be mailed to each company as soon as possible. FINANCE COMMITTEE REPORT Mr. Rhodes, Chairman of the Finance Committee, presented the following report: The Finance Committee met on Tuesday, January 17, 1989. The following agenda items require Board action: uest from the School Finance Director for a n1_emental ADDrooriation in the Amount of 14,500 - The School Finance Director is requesting a supplemental appropriation for the Elementary School #1 Construction Fund in order to purchase an additional acre of land in the amount of $14,500. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. t from the School for a School Operating Fund Approved The School is requesting a School Operating Fund supplemental appropriation in the amount of $28,860. No additional local funds are required. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. Request from the Parks and Recreation Commission for a Supplemental Appropriation in the Amount of $300,000 - The Parks and Recreation Commission Chairman is requesting a supplemental appropriation in the amount of $300,000 for the Pool Construction Fund. The Board has previously approved the 173 application and acceptance of this grant money, however the money was not appropriated. This request does not require any additional local funds. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. Request from the Parks and Recreation Director for a Pool Construction Fund Supplemental Appropriation in the Amount of 15,925 - Approved The Parks and Recreation Director is requesting a Pool Construction Fund supplemental appropriation in the amount of $15,925. These funds represent donations and interest earnings and do not involve additional local funds. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. Request from the Assistant County Administrator for a General Fund Supplemental Appropriation in the Amount of $8,800 - Approved The Assistant County Administrator is requesting a General Fund supplemental appropriation in the amount of $8,800 for SARA Title III Expenditures. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. Request from the Sheriff for a General Fund Appropriation Transfer in the Amount of $2,500 - Approved The Sheriff is requesting a General Fund appropriation transfer in the amount of $2,500 for the purpose of buying uniforms. This requires no additional funds. The funds are being transferred from gasoline. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. est from the Northwestern Community Service for a ral Fund Appropriation for Fund Balance in the nt of S2.416.51 - Denied The Northwestern Community Service is requesting a General Fund appropriation for Fund Balance in the amount of $2,416.51. The Committee recommends they return the funds to the County's General Fund. 174 Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above Committee recommendation was approved. uest for a General Fund Appropriation from Fund ance in the Amount of 9,666.66 to Spend Remaining eral Grant Funds for the Reqional Druq Task Force - A General Fund appropriation transfer from Fund Balance in the amount of $9,666.66 is being remaining Federal Grant funds fo The funds are needed for capital fixtures. As long as the County expenditures it does not require recommends approval. requested in order to spend r the Regional Drug Task Force. outlay of furniture and receives reimbursement for the local funds. The Committee Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. e uest from the Personnel Director for an Appropriation ransfer in the Amount of $858.75 - Approved The Personnel Director is requesting an appropriation transfer in the General Fund in the amount of $858.75. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. Request for a Supplemental Appropriation for Data Processing Fees in the Amount of $110,534 - Approved A request was made for supplemental appropriations for data processing fees in the amount of $110,534. Previously, the money was appropriated in the Data Processing Department, however, these expenditures must be allocated to the various departments. No additional outlay of cash is required. The Committee recommends approval General: Sheriff $ 16,107 Finance 8,959 Personnel 1 Planning 32,819 Parks 805 Treasurer 12,080 Commissioner 8,053 Public Works 806 Registrar 805 Social Services 403 Commonwealth's Attorney 1,208 Extension 403 School Operating Fund: 22,550 Landfill: 21415 175 Division of Court Services: 805 Regional Jail Project: 805 110,534 Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. The following item is for your information only: 1. The Treasurer requested direction regarding tax exempt status of certain lots in the Sanitary District. The Committee recommended the County not grant such tax exempt status. ABANDONMENT OF ROUTE 644 - OPEQUON FORD CROSSING Once again, it was the consensus of the Board that unless Clarke County is willing to close Route 660, then Frederick County is not in agreement to close Route 664. 2020 TASKFORCE APPOINTMENTS TO BE MADE AT A LATER DATE Mr. Stiles noted that he and Mayor Helm will be meeting with the Steering Committee and that appointments to this Committee will not necessarily be district appointments. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN ha rman, Bo rd of Supervisors Cler , oard of Super isors