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HomeMy WebLinkAboutMay 09, 1990 Regular Meeting577 A Regular Meeting of the Frederick County Board of Super- visors was held on May 9, 1990, at 1:00 P.M., in the Board of Supervisors' 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; W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Mr. Smith was not present at the start of the meeting. CALL TO ORDER ,The Chairman called the meeting to order and asked that everyone observe a moment of silence. ADOPTION OF AGENDA Mr. Riley, County Administrator, requested the following amendments to the Agenda: 1. Approval of VPSA Resolution; 2. Donation request from Parks and Recreation; 3. Code and Ordinance Committee Report; 4. Possible request for transfer of funds from Finance and Data Processing Departments. Mr. Smith arrived at this time. Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the Agenda was adopted as amend- ed. APPROVAL OF MINUTES The following corrections were noted: Page 3, first paragraph, it should read "Mr. Orndoff" and not "Mr. Crosen". Page 11, fifth paragraph, the sentence should read, " Mr. Rinker stated that he had visited the proposed site and felt with additional trees being planted, along with those already there, would help with the screening, and he noticed no noise problem at similar sites; Page 14, third paragraph, the sentence should read, " Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the County will purchase a half page ad in the Chamber magazine "; 578 Page 15, seventh paragraph, the sentence should read, "The above failed by a 3 -3 vote ". The minutes of the Regular Meeting of April 11, 1990, were approved as amended. COMMITT APPOINTMENTS - TABLED VPSA RESOLUTION - ARMEL SCHOOL - APPROVED Mr. Tom Malcolm, Superintendent of Schools, appeared before the Board on behalf of this resolution and stated that the School Board approved this resolution at their meeting on May 8. Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the following resolution was approved: At a meeting of the Board of Supervisors for the County of Frederick, held in the said County on the ninth day of May, 1990: WHEREAS, the School Board for the County of Frederick on the eighth day of May, 1990, passed a resolution and present- ed it to this Board, requesting a loan from the Virginia Public School Authority (VPSA) in the amount of 2.5 million dollars for the construction of a new elementary school on U.S. Route 522 South, Eastern Frederick I (Armel Elementary School). The loan is to be paid in 20 annual installments, with the interest thereon at a rate to be determined at the sale of the bonds. RESOLVED, that the application of the County to the Virginia Public School Authority for a loan of 2.5 million dollars is hereby approved and authority hereby granted the said County School Board to borrow the said amount for the purpose set out in said application. The Board of Supervisors for said County will each year during the life of this loan, at the appropriate time, pay the loan in annual installments and the interest thereon, as required by law regulating loans from the VPSA. I hereby certify that the foregoing is a true copy as taken from the minutes of the Board of Supervisors for the County of Frederick. LITTER CONTROL GRANT - APPROVED Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the following resolution was approved: WHEREAS, the Frederick County Board of Supervisors recognizes the existence of a litter problem within the boundaries of Frederick County, and; WHEREAS, the Virginia Litter Control Act of 1976 provides, through the Department of Conservation and Economic Development, Division of Litter Control, for the allocation of public funds in the form of Grants for the purpose of enchancing local litter control programs, and; 579 WHEREAS, having reviewed and considered the Regulations and the Application covering administration and use of said funds; BE IT RESOLVED, that the Frederick County Board of supervisors: HEREBY endorses and supports such a program for Frederick County, and; HEREBY expresses the intent to combine with the Town of Middletown in a mutually agreed upon and Cooperative Program, contingent on approval of the Application by the Department of Conservation and Historic Resources, Division of Litter Control, and contingent on receipt of funds, and; HEREBY authorizes Frederick County to apply on behalf of the County and the Town of Middletown for a Grant, and to be responsible for the administration, implementation, and completion of the Program as it is described in the attached Application Form LC -G -1, and; FURTHER accepts responsibility jointly with Frederick County and the town of Middletown for all phases of the Program, and; FURTHER accepts liability for its pro -rata share of any funds not properly used or accounted for pursuant to the Regulations and Application, and; THAT said funds, when received, will be transferred immediately to the cooperating jurisdictions. All funds will be used in the Cooperative Program to which we give our endorsement and support, and; HEREBY requests the Department of Conservation and Economic Development, Division of Litter Control, to consider and approve the Application and Program, said Program being in accord with Regulations governing use and expenditure of said funds. Passed this 9th day of May, 1990. RESOLUTION FOR NATIONAL CORRECTIONAL OFFICERS WEEK - APPROVED Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the following resolution was approved: WHEREAS, American Correctional Officers who work in our jails and prisons are currently responsible for the care, custody, and control of more than 700,000 prisoners; and WHEREAS, Correctional Officers work in a dangerous and stressful environment and must possess and demonstrate a broad range of knowledge and skills which often go unappreciated by the public; and WHEREAS, the week of May 6 -12, 1990 has been declared National Correctional Officers Week; and WHEREAS, National Correctional Officers Week will be celebrated nationally; and WHEREAS, the Officers of the Clarke- Frederick- Winchester Regional Adult Detention Center are performing their job in an exemplary manner; 580 NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Frederick County in regular session this 9th day of May, 1990, that during the week of May 6 -12, all citizens of the County of Frederick recognize and appreciate the important work performed by this nation's Correctional Officers, and in particular, the work of the Officers of the Clarke- Frederick- Winchester Regional Adult Detention Center. CORRESPONDENCE FROM THE VIRGINIA DEPARTMENT OF TRANSP ORTATION RE: REVENUE SHARING PROGRAM - FISCAL Mr. Riley explained this correspondence and stated that it was for the Board's review and information, and no action was necessary. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT Mr. Rinker, Board liaison on the Parks and Recreation Commission, stated that this was for the Board's information and no action was necessary: The Parks and Recreation Commission met on April 12, 1990. Members present were: Carmen Rio, Carole Ambrogi, Patricia Perry, Robert Roper, Donald Wilson, Dudley Rinker. The following action was taken: Request from American and National Little Leagues to V. ,a F;a A TTca Faaa - No Action Taken by the Board Mr. Roper moved that the Parks and Recreation Commission support a direct donation of $5,000 from the Board of Super- visors to the American and National Little League Associations in Frederick County for field use fees, and directed the staff to forward this request to the Finance Committee, seconded by Mrs. Perry, carried unanimously (4 -0). t for Impact Fees (Ba Creek District) - No Action Mrs. Perry moved that the Board of Supervisors transfer $20,000 from the Back Creek Impact Fund to the Department's budget for design and purchase of playground equipment at the Gore Day Care Center for community use with the installation of the equipment to be the responsibility other than Parks and Recreation Department staff, seconded by Mrs. Ambrogi, carried uanimously (4 -0). artment Policy Review (Donations, Priority Gro of Reservations ) - No Action Taken by the Board 581 Mrs. Ambrogi moved to endorse the revised policies, second- ed by Mr. Roper, carried unanimously (4 -0). LAW ENFORCEMENT A ND COURTS COMMITTEE REPORT Mr. Crosen, Chairman of the Law Enforcement and Courts Committee, presented the following report: The Law Enforcement and Courts Committee met on Tuesday, May 1, 1990, 4:00 P.M., in the Courthouse Conference Room. Present were Roger L. Crosen, Chairman of the Committee; W. Harrington Smith, Jr.; Larry P. Coverstone; Charles R. McIlwee and John R. Riley, Jr., County Administrator. The Committee submits the following: Discussion of Fee Assessment for Courthouse Maintenance - To Be Advertised for Public Hearing The Committee discussed the attached pending legislation and recommends that an ordinance be drafted for public hearing for the first Board meeting of July, 1990. Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the above is to be advertised for public hearing. PERSONNEL COMMITTEE REPORT Mr. Rhodes, Chairman of the Personnel Committee, presented the following report: The Personnel Committee met on May 2, 1990, at 1 :30 P.M. in the Personnel Office with the following members present: Robert M. Rhodes, Roger L. Crosen, John R. Riley, Jr., Stephen F. Owen and Ann K. Kelican. The Committee submits the following report and recommendations to the Board of Supervisors for considera- tion: Consideration of Supplemental Salary Request from the Director of General Reassessment - Approved The Committee reviewed the attached supplemental salary request from the Director of General Reassessment and recommends approval of same. The Committee further recommends that the Compensation Board be requested to consider reclassification of this position. (See Attachment A) Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the above was approved. 58 Request from Sheriff for Additional Dispatcher Position - Denied The Committee reviewed the attached request from the Sheriff for an additional dispatcher position and recommends denial of same noting that the Department currently has 5 dispatcher positions and is utilizing a clerk position as a dispatcher for a total of 6 dispatchers. (See Attachment B) Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the above request was denied. Recommendations for Intake of Sheriff's Department and Regional Jail Employees Into the County Personnel Svstem Effective Julv 1. 1990 - ADDroved The Committee reviewed the attached recommendations for intake of Sheriff's Department and C -F -W Regional Jail employees into the County Personnel System effective July 1, 1990 and recommends approval of same. (See Attachment C) Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the above was approved. Review of Landfill and Animal Control Personnel Job Descriptions and Range Classifications - Approved The Committee reviewed the attached information including job descriptions and range classifications and recommends approval of same. Funding for all the positions was approved in the FY90 -91 budget. (See Attachment D) Upon motion made by Robert M. Rhodes, seconded by Charles W. Orndoff, Sr. and passed unanimously, the above was approved. Evaluation - Director of General Reassessment - To Be Done in Executive Session The Committee reviewed the evaluation of the Director of General Reassessment and recommends approval of same as submitted. (Attached under separate cover) This is to be done in Executive Session. FINANCE COMMITTEE REPORT Mr. Rhodes, Chairman of the Finance Committee, presented the following report: Due to a conflict in scheduling a regular meeting, the Finance Committee was polled by phone May 1, 1990 on the follow- ing three items: 583 st from the School Finan emental Appropriation in Director for a e Amount of $1,000.00 - The School Finance Director requests a supplemental appropriation of $1,000.00 for the Governor's Sixth Grade Computer Initiative. No additional local funds are needed. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. quest from the School Finance Director for a Frederick unty Middle School Capital Project Fund Supplemental propriation in the Amount of $45,000.00 - Approved The School Finance Director requests a Frederick County Middle School Capital Project Fund Supplemental Appropriation of $45,000.00 to be transferred from the General Fund. This is for architect fees related to proposed renovations of Frederick County Middle School. A transfer from General Operating Funds would be necessary until such time as these funds were recovered from State literary loan funds. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. Resolution Authorizi IBM AS 400 - Approve Loan Renewal for FY' -91 for the See attached resolution authorizing loan renewal for FY90- 91 for the IBM AS /400 computer system in the approximate amount of $285,837.00. Funds necessary to repay this loan were appro- priated in the budget for FY90 -91. This loan must be renewed annually and contains the same provisions as last year's. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. RULING ON DONATION /NO FEE STATUES FOR PARKS AND RECREATION DEPARTMENT - REFERRED BACK TO THE PA AND RECREATION COMMISSION FOR FURTHER STUDY Upon motion made by Dudley H. Rinker and seconded by Robert M. Rhodes, to refer the County's policy on donations /no fee statues back to the Parks and Recreation Commission for further study. 584 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. CODE AND ORDINANCE COMMITTEE REPORT Mr. Smith, Chairman of the Code and Ordinance Committee, presented the following report: The Code and Ordinance Committee met on Monday, May 7, 1990, at 8:30 A.M. Present were Board members W. Harrington Smith, Jr. and Charles W. Orndoff, Sr.; County Administrator John R. Riley, Jr. and Assistant County Administrator Stephen F. Owen. The Committee submits the following for your action: Discussion of Abandoned Vehicle Penalty - To Be Advertised for Public Hearing The Committee discussed the attached correspondence from the Zoning Administrator and recommends that a public hearing be set to amend Chapter 11, Section 1 -7, of the Frederick County Code for Inoperative Automobiles, to raise the abandoned vehicle penalty from $10 to $100. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., to advertise the above for public hearing. POTOMAC EDISON COMPANY WEST WINCHESTER SUBSTATION Mr. Rhodes stated that as far as he knew, all County citi- zens were in agreement with Potomac Edison's latest proposal. It was pointed out that this was a public hearing scheduled for tonight's meeting and therefore could not be discussed or voted on at this time. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., 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 (1) to discuss Personnel matters and to also discuss aquisition of real estate. 585 BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, the Board recon- vened into Regular Session. Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, that nothing was discussed other than what was noted in the request for an Executive Session. The meeting was adjourned until 7:15 P.M., at which time Planning Commission public hearings were heard. The Board of Supervisors reconvened there meeting at 7:15 P.M.. 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. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend Thomas M. Berlin of the Brucetown /Welltown United Methodist Church. PLANNING COMMISSION BUSINESS PRELIMINARY MASTER DEVELOPMENT PLAN - FORT COLLIER INDUSTRIAL PARK - APPROVED Mr. Watkins, Planning and Development Director, presented this request and stated that the Planning Commission recommended approval with conditions. Mr. Whit Wagnor, one of the owners, appeared before the Board on behalf of this request. There was no public input. Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the preliminary master development plan of Fort Collier Industrial Park was approved. 586 PRELIMINARY MASTER DEVELOPMENT PLAN - FREDERICK COUNTY TOWNHOUSES - SILVER COMPANIES, INC. - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval with conditions. Mr. Richard Tremblay, Vice President for Planning and Development, Silver Companies, addressed the Board at this time and explained what was planned by his company for this area. Mr. Tremblay explained that this property was purchased last year and at that time no concern was expressed by any group or the Airport with reference to noise. He further stated that his company did want buyers made aware of the close proximity of the Airport to this development. Mr. Mark Flynn, Attorney for the Airport Authority, appeared before the Board to explain that the Authority is interested in obtaining an easement for the protection of the Authority. Mr. Paul Anderson, Chairman of the Airport Authority, addressed the Board and noted that the question had been raised earlier as to whether or not the Airport is in the LDN area and explained that it is out of the LDN area. Mr. Stiles stated that in 1985 this property was rezoned and he wanted to know where the Airport Authority was then if they had all these concerns. Mr. Anderson replied that it was his fault that the Authority did not come forward at that time, as he was not on top of the situation as he should have been. Mr. Sam Leinbach, City resident, appeared before the Board to addresss the noise profile that will come from the Airport and felt that due to flight patterns this will either have to go North or South. Mrs. Katie Pierce, resident of Bufflick Road, stated they had been told earlier that this would only be single family and now they are being told townhouses will be built, she therefore was requesting that a fence, six to seven feet, be erected on the property line, and further that this be put in writing as part of the conditions. Mr. Tremblay stated that the fence would be erected and that he apologized for any misunderstanding that had arisen due 587 to this project, of which he was not aware of until very recently. Mr. Rinker stated that some of the present Board members were not serving on the Board when this property was rezoned and he for one felt the easement should be made a part of the agree- ment at this time. Mr. Watkins replied that the County did not have condition- al zoning at that time. Upon motion made by W. Harrington Smith, Jr., seconded by Roger L. Crosen and passed unanimously, the preliminary master development plan of Silver Companies, Inc. was approved with the condition that a six foot fence be erected and that an easement be included. POTOMAC EDISON COMPANY WEST WINCHESTER SUBSTATION - APPROVED Mr. Watkins presented this request. Mr. Jay Wetsel, Attorney, appeared before the Board and noted that Potomac Edison had agreed to changes as spelled out by the Board at the last meeting and that the area residents were satisfied. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve Potomac Edison Company's West Winchester Substation. The above motion was approved by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Dudley H. Rinker, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Abstaining - Roger L. Crosen as his wife is an employee of Potomac Edison. PUBLIC HEARING REZONING REQUEST #003 -90 OF READING LANDSCAPES, INC. - GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this rezoning request and stated that the Planning Commission recommended approval. Mr. Michael Bryan, Attorney, addressed the Board on behalf of this request. Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, rezoning request number 003 -90 of 588 Reading Landscapes, Inc., Route 5, Box 776, Winchester, Virginia, to rezone 2.001 acres from RA (Rural Areas) to B2 (Business General) was approved with proffers as noted. This property is located approximately 3 1/2 miles West of Winchester, fronting on the West side of U. S. Route 522, near Albin and is identified as Parcel 76 -0 on Tax Map 2 in the Gainesboro Magisterial District. REVIEW OF PRIORITY LIST FOR SIX YEAR SECONDARY ROAD IMPROVEMENTS Mr. Watkins presented this priority list for the Six Year Secondary Road Improvements Plan and stated that it was for the Board's review and would be voted on next Fall. RENEWAL OF T HE SOUTH FREDERICK AGRICULTURAL AND IOD Mr. Watkins presented this request. Upon motion made by Charles W. Orndoff, Sr. and seconded by Robert M. Rhodes, to approve the renewal of the South Frederick Agricultural and Forestal District for an additional five year period beginning May 22, 1990. The above motion was approved by the following recorded vote: Aye - Kenneth Y. Stiles; Robert M. Rhodes; Roger L. Crosen; W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Abstaining - Dudley H. Rinker since he is a participant in the Agricultural District. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr. and passed unanimously, the following County citizens were appointed to serve on the Citizens Committee for the South Frederick Agricultural and Forestal District: John Marker, Stanley Bauserman, Jimmy Brumback and Paul Anderson. REZONING REQUEST #012 -89 OF TOP OF VIRGINIA DEVELOPMENT CORPORATION CALEB HEIGHTS - -STONEWALL MAGISTERIAL ICT - Mr. Watkins presented this rezoning request and noted the 11 - proffers that were being presented as part of this request. He also noted what the applicant proposed with reference to prof- fers and the environment. Mr. Watkins stated that the Historic Resources Advisory Board had reviewed the proposal and recommend- ed denial of this rezoning due to the significance of the site in relation to the Third Battle of Winchester. He stated that the Planning Commission and staff recommended approval of this request. Mr. Watkins at this time presented petitions opposing this project, numbering 2,150. Mr. Smith and Mr. Crosen stated that on advice of legal counsel they would abstain from any discussion or vote on this matter due to possible conflict as their employers could be involved with this project. Mr. Watkins read letters at this time from owners of the Winchester Mall, Security Trust on behalf of Nash Trust and a letter from Dave Holliday to Roger Delauter concerning addition- al proffers. Mr. John Foot, Attorney with Hazel & Thomas from Manassas, representing The Top of Virginia and Dave Holliday, appeared before the Board at this time. He stated that he started with this project in October of 1989 and he wanted to thank the County staff and the Historicl Resources Advisory Board, as well as certain citizens, for all their assistance during the work on this project. He addressed the various proffers, one being traffic and that it would exit on Route 661 rather than Route 7. The question of whether the County should use its power of eminent domain in order to gain access from this project to Route 7 was also discussed. Mr. Chuck Maddox, of G. W. Clifford & Associates, showed slides of exactly where this development would be, one an eighteen acre tract and one forty acre tract for a total of two hundred twenty acres. He stated that this land is within the urban development area. He discussed the Transportation Plan for the County and how it relates to this development and what was being recommended to the Board. He explained the sources of water and sewer in this area and noted that this area is well within the service area. He addressed the area that was to be set aside as historic area within this development. Mr. Maddox stated that the plans called for low density with just over 2.2 units per area within the wooded area. Mr. Maddox further 590 stated that one of the proffers is that they will continue test- ing on the Red Bud stream to be sure this development is in no way causing any harm to this body of water. Mr. Foot again addressed the Board and stated that never once had the developer lost site of the legitimate interest in historic preservation but there were also those rights which accede to someone's ownership of land in this Country. He stated that he felt Mr. Holliday had been willing to harmonize these interests, but not surrender them. He stated there would be no development before January 1, 1991, assuming access will be available to Route 7. Mr. Rinker asked for clarification of where property was located on the map that could be purchased later by private citizens and felt the map was somewhat misleading concerning this as he did not feel lines should have been drawn on someone else's property. Mr. Rinker asked about Proffer B1, under trans- portation, and the County's role in eminent domain with reference to routing traffic to Route 7. Mr. Foot stated that this proffer is solely left to the discretion of the Board of Supervisors and that it was left in so that the power and The Top of Virginia's committment to fund- ing it remain with the Board. Mr. Rinker stated that he did not feel the County should condemn private property for private enterprise or a private individual, and without eminent domain there would not be access to Route 7, and without access to Route 7 there would not be a viable project. Mr. Rinker asked about the line for water and sewer and underground utilities. Mr. Maddox replied that this had already been approved. Mr. Rinker stated that he did not want the Parks and Recreation Department to be responsible for any of this park land. Mr. Orndoff asked what percentage of this drainage area would be going into Red Bud Run. Mr. Maddox replied twenty five percent, roughly. 591 The following citizens appeared before the Board to address this rezoning request: Mr. Manual Sempeles, of Stonewall District, stated that he was opposed to this request and that he had some problems with it. He stated that it would change the environment and the area already had problems with roads and this development would only make that worse. He asked who would be policing the proffers on the streams. Mrs. John Kirby, of Stonewall District and adjoining property owner, stated that she felt the cost of this project would go much further than any proffers that were offered. Mrs. Jane Yerkes, resident of Winchester, read a letter on behalf of the Preservation of Historic Winchester from Mr. Hugh Miller of the Department of Historic Resources, wherein he asked the Board to remember the land significance when making their decision. Dr. Stanley Hirschberg, resident of Back Creek District and member of the Board of Directors of the Cedar Creek Battlefield Foundation, stated that the Foundation opposed this development and felt that the battlefields should be preserved and Frederick County will be better served by a Third Winchester Battlefield Park rather than another subdivision. Mr. George Sempeles, resident of Stonewall District, stated that he was opposed to this request and stated that he did not feel the Board had the true picture of this development. He further stated that according to the plans there would be three hundred eighty houses built on one hundred five acres. He asked that the density on this be explained, and further that this rezoning application should not be approved until proper right - of -way is secured. Mr. Sempeles further stated that a major collector road with four lanes was scheduled to go right through the park. Mr. Bernie Schwartzman, of Stonewall District, stated that he was opposed to this rezoning as he felt the County could not afford this project because of all the need for services that 59! would come from a project this size, i.e., water, sewer, schools, police protection, etc. Mrs. Claudia Bean, President of Citizens for a Quality Community for Frederick County and the City of Winchester, stated that she did not feel a development of this type would enhance the quality of life in Frederick County and referred to the cost to the County for a development such as this. She passed out a letter wherein it was requested if this request is approved, that certain criteria be met with regard to historic significance. Mr. Roger Delauter, President of the Shenandoah Valley Civil War Foundation, stated that his Foundation was opposed to this development. Mr. Rhodes took over the chairmanship for a short time. Mr. Forrest Jones, past President of the Chamber of Commerce, stated that his Grandfather had fought on this battle- field and he would like to see a battlefield park built here. Mr. Stiles took the gavel back at this time. Mrs. Katie Rockwood, member of the Board of Trustees of the Preservation Alliance of Virginia, stated that they are opposed to this request and read a letter from Mr. David Brown, who is Director of the Preservation Alliance of Virginia, stating that this property should be preserved and not developed. Mrs. Cora Lee Brown, resident of Shawnee District, appeared in favor of this request and stated that an area within the development is proposed for a historic park and based on what is planned for the remaining area, she felt it would be an asset to the County. Mrs. Pat Gochenour, resident of Shawnee District, stated that she was opposed to this development as she felt the County schools in this area are already overcrowded and this develop- ment would only add to this concern. Mr. Butch Fravel, of Opequon District, felt that the Comprehensive Plan had been forgotten and that the historic aspect had been neglected, especially if this is approved, and urged for denial. 593 Dr. Wayne Seipel, of Stonewall District, stated that he was concerned that all Board members are not eligible to enter into discussion and vote on this important decision and asked if maybe the matter could be put to referendum. Mr. Stiles replied no, this is not allowed by the Code. Dr. Seipel asked if proffers are forever. Mr. Stiles replied yes. Dr. Seipel asked if this property was for sale. Mr. Holliday replied to a preservation group only. Dr. Seipel stated that he did not feel the Board was gett- ing enough in the area of proffers. Mr. Mike Kehoe, Town Manger, Town of Stephens City, and resident of Shenandoah County, stated that he was opposed to this request and felt additional burden will be put on County staff. Mrs. Barbara Thomas, stated that she was opposed to this as the schools and roads have not been addressed with regard to the impact on both if this is approved. Mr. Bernie McClung, of Stonewall District, appeared in favor of this request and asked for the Board's approval. Mr. Stone, of Gainesboro District, stated that he felt the Board had done a good job in controlling growth within the County and he felt this is a request that had two good areas, growth and historic preservation, and the Board should approve it. Mr. Foot thanked the Board for extraordinary patience in this matter and felt this had been a good public hearing for all concerned and asked the Board for favorable consideration. Mr. Rinker asked about Proffer number 3 on the second page and stated that the last half was a little confusing as to how many houses would be built in one year. Mr. Foot explained this and stated that twenty percent would be maximum. Mr. Rinker asked about the school proffer and did the total amount have to be broken down in three different categories of schools or did it all go into one school. 594 Mr. Stiles stated that to his knowledge there was not a problem with doing it this way and that this had been reviewed by the Commonwealth's Attorney's Office. Mr. Rinker stated that one proffer called for all the fire company donation going to Clearbrook and the fact that Greenwood is the second responder, he felt some should go to them. He asked about drainage going to the Red Bud stream, that the day the last house is built, the developer's responsibilities are over according to the proffer and he wanted to see some sort of bonding in the event some sort of clean up is needed. Mr. Rinker questioned the fact of eminent domain not being an issue, if it is not an issue, then they should be willing to take the last section out of Proffer 4B. Mr. Stiles clarifed this. Mr. Rinker did not agree with Mr. Stiles' clarification. He questioned the need for a main collector road to go all the way through the development. Mr. Foot stated this road could be changed if necessary. Mr. Orndoff asked for a show of hands from those present who were in favor of this request. Approximately thirty five people raised their hands. He stated that he had received approximately two to one letters in favor of this request. Mr. Rhodes stated that he felt tourism is great but it has its drawbacks. He further stated that he felt this was a compromise and it was in the best interest of everyone. Upon motion made by Charles W. Orndoff, Sr. and seconded by Robert M. Rhodes, to approve rezoning request number 012 -89 of Top of Virginia Development Corporation (Caleb Heights), P. 0. Box 3276, Winchester, Virginia, to rezone 211.04 acres from RA (Rural Areas) to RP (Residential Performance) for Single - Family and Multi- Family Housing. This property is located two miles Northeast of Winchester, just North of Route 7, located South and adjacent to Route 661 and East and adjacent to I -81, and identified as Parcel 88 -0 on Tax Map 54 in the Stonewall Magisterial District. 595 M The above motion was approved by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes and Charles W. Orndoff, Sr. Nay - Dudley H. Rinker. Abstaining - Roger L. Crosen and W. Harrington Smith, Jr. Mr. Stiles stated that this request had been on the books for some time and the fact that it had received Board approval did not mean development is headed straight for the Stephenson area and this in no way obligated the County for urban develop- ment. He further stated that the County would assist in what- ever way they could to help the group raise funds in order to purchase the section of historic land they are interested in. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WASrORDERED THAT THE, BOARD OF SUPERVISORS ADJOURN. f C man, Board of Supervisors Cie rk, oard of Su ervisors