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HomeMy WebLinkAboutMay 05, 1988 Special Meeting5'24 A Special Meeting of the Frederick County Board of Super- visors was held on May 5, 1988, at 10:30 A.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; L. A. Putnam and Charles W. Orndoff, Sr. Mr. Orndoff was not present when the meeting started. Also present were John R. Riley, Jr., County Administrator; Stephen F. Owen, Assistant County Administrator; Lawrence R. Ambrogi, Commonwealth's Attorney; W. Wayne Miller, Shawneeland Sanitary District Manager and Barbara Ratcliff, Finance Director. CALL TO ORDER The Chairman called the meeting to order and asked that everyone observe a moment of silence. Mr. Riley stated that the County had received a notice Bankruptcy Court in Harrisonburg stating that certain items would be put up for sale with reference to Mr. Don Lamborne and Marjec and it was his understanding that the County may be interested in purchasing the utility company. He stated that the meeting has been scheduled for Friday, May 13, in Harrisonburg and this is why the special Board meeting was called. BOARD RETIRED INT EXECUTIVE SESSION Upon motion made by Dudley H. Rinker, seconded by L. A. Putnam 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 acquisition of property. Mr. Orndoff arrived at this time. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by L. A. Putnam, seconded by Charles W. Orndoff, Sr. and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION O 025- Upon motion made by L. A. Putnam, seconded by Charles W. Orndoff, Sr. and passed unanimously, the Board reconvened into Regular Session. Mr. Don Lamborne appeared before the Board and asked why he was not notified earlier of this meeting. He stated that he felt this was not fair to him and he did not appreciate the manner in which this meeting had been handled. Mr. Stiles stated that the Board was not sure until Tuesday evening, May 3rd, that this meeting would be necessary. Mr. Lamborne stated that the bankruptcy started in September, 1978. He further stated that he resented what HALOAS had done over the years and that he felt the Board should not consider taking over this utility system. Mr. Roger Lamborne appeared before the Board and asked why this meeting had been called. Mr. Riley replied that due to the bankruptcy and the hear- ing scheduled for May 13, the Board felt a meeting was needed. Mr. Stiles stated that if these utilities were purchased they would be conveyed to the Sanitation Authority. Mr. Roger Lamborne asked why the County would not loan the utility company the money to do this. Mr. Stiles replied that the County is not in the business of loaning money. Mr. Roger Lamborne asked about bonds. Mr. Riley replied that it would have to go to referendum. Mr. Stiles stated that the County does not do this but the Sanitation Authority does. He further stated that he felt the people in Shawneeland needed an uninterrupted supply of drinking water and it appears this is the only way this can be guaran- teed. Mr. Donald Lamborne asked how much money the County was talking about. Mr. Stiles replied that he did not know at this point. Mr. Lamborne asked the Board to reconsider this matter. Mr. Roger Lamborne asked when the property owners would have an opportunity to be heard on this. 526 Mr. Stiles replied he would schedule a public hearing at the Board meeting on May 11 at which time the public could make their feelings known to the Board. Mr. Lamborne stated that there were some problems with the water system and he indicated that he felt a lot of these prob- lems were caused by outsiders and vandalism. He further stated that he felt the Board should leave the water system as it is and it will be taken care of. Mr. Riley asked Mr. Lamborne how long it would take him to get the system fixed to assure all users that they would have the water supply they need. Mr. Lamborne replied that he was not sure but if the County would do something about the vandals it would help to eliminate a lot of their down time with the system. Mr. Rhodes stated that the Sheriff's Department could look into and handle the vandalism problem. Mr. Stiles told Mr. Lamborne if he could bring to the Boarc at their meeting on May 11 a solid plan for the utility company that the Board could consider, otherwise they would not have an choice other than to offer to the Bankruptcy Court to purchase the utility company in Shawneeland. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the following resolution was approved: WHEREAS, The Trustee of the estate of Donald R. Lamborne and Jean E. Lamborne have filed a motion to sell free and clear of liens, by private sale to the Debtors, the follow- ing: Stock certificates owned by the Debtors in Shawneeland Utilities Company, Inc.: WHEREAS, the Frederick County Board of Supervisors has determined that it is in the County's best interest to acquire said stock certificates which constitute the Shawneeland utility system: THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors, acting on behalf of the Shawneeland Sanitary District, hereby offers $9,500 to the abovementioned Trustees, to be presented into the United States Bankruptcy Court for the Western District of Virginia, on Friday, May 13, 1988, in Harrisonburg, Virginia. Passed this 5th day of May, 1988. 527 Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, for Lawrence R. Ambrogi, Commonwealth's Attorney and John R. Riley, Jr., County Admini- strator, to attend the bankruptcy meeting in Harrisonburg, Virginia on Friday, May 13th on behalf of the County. Upon motion made by L. A. Putnam, seconded by Charles W. Orndoff, Sr. and passed unanimously, $236,873 was approved for construction of roads in Shawneeland as spelled out in the bid that was recently awarded. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS/ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. rman, Boa d of Supery Cler , Board of Sulbervisors