Loading...
February 26, 1986 Regular Meeting28=1 A Regular Meeting of the Frederick County Board of Supervisors was held February 26, 1986, at 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Winchester, Virginia. PRESENT Kenneth Y. Stiles, Chairman; Will L. Owings, Vice - Chairman; Will L. Owings; Robert M. Rhodes; Rhoda W. Maddox; Thomas B. Throckmorton and C. William Orndoff, Jr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend Conrad Christianson of the Bethel Lutheran Church. ADOPTION OF AGENDA Mr. Riley stated that Mr. Ambrogi had an announcement regarding Shawneeland. Mrs. Maddox stated that she had an item under County Officials for the permanent record. Mr. Stiles stated that he had a Proclamation under County Officials as well as correspondence to be referred to Committee. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the Agenda was adopted as amended. APPROVAL OF MINUTES Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the minutes of the Regular Meeting of January 15, 1986 were approved. With reference to the minutes of January 29, 1986, Mr. Riley stated that he thought Route 673 was to be added to the list of Major Project Road Improvements Plan. In reviewing the tapes and notes, this Route was not to be added to the list. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the minutes of the Regular Meeting of January 29, 1986 were approved. INTMENT /APPOINTMENT TO THE NORTHWES VIRGINIA The reappointment /appointment to the Northwestern Virginia Health Systems Agency, Inc. was tabled. RESOLUTION OF APPRECIATION OF WALT CUNNINGHAM Mr. Riley read the following resolution: 28 WHEREAS, Walter Cunningham served as Chairman of the Fire and Rescue Committee for the County of Frederick from February 17, 1983 until January 20, 1986, and WHEREAS, Mr. Cunningham donated many hours of hard work toward the successful establishment of the Committee, and WHEREAS, he is dedicated to providing the leadership necessary to the Fire and Rescue service in order to maintain an efficient and cohesive organization. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does hereby express its sincere appreciation to Walter Cunningham for his dedication to service for Frederick County. BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to Mr. Cunningham. RESOLVED this 26th day of February, 1986. /s/ Kenneth Y. Stiles /s/ Rhoda W. Maddox Kenneth Y. Stiles, Chairman Rhoda W. Maddox /s/ Will L. Owings Will L. Owings, Vice - Chairman /s/ Robert M. Rhodes Robert M. Rhodes ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors /s/ Tho B. Throckmorton Thomas 3. Throckmorton /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. Mr. Cunningham was present to accept his resolution. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the above resolution was approved. PROCLAMATION - HOMEBUILDERS ASSOCIATION Mr. Riley read the following proclamation: WHEREAS, The Home Builders and allied businesses of our area actively promote the growth of Frederick County by industrious and skilled work, and WHEREAS, Todays housing results from expert craftsman- ship, adept management and advanced product technology, and WHEREAS, The Top of Virginia Building Association is holding a "DREAM HOME" Show on March 14 -15 and 16 at the Apple Blossom Mall and the Winchester Armory, to share with the public the newest advances in our Dream Homes. NOW, THEREFORE, BE IT PROCLAIMED, That the week of March 10 through 16, 1986, be recognized as "Home Builders Appreciation Week" to be observed throughout the area with fitting recognition, activities and acclaim. /s/ Kenneth Y. Stiles Kenneth Y. Stiles, Chairman /s/ Rhoda W. Maddox Rhoda W. Maddox /s/ Will L. Owings Will L. Owings, Vice - Chairman /s/ Robert M. Rhodes Robert M. Rhodes /s/ Thomas B. Throckmorton Thomas B. Throckmorton /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. ATTEST: 283 /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr, and passed unanimously, the above proclamation was approved. BEN VORHIES, EXECUTIVE DIRECTOR OF THE PRIVATE INDUSTRY Mr. Ben Vorhies, Executive Director of the Private Industry Council, appeared before the Board to present his Annual Report. He gave a breakdown of all the programs that are under the Council and the percentage of participants in each of these programs. He further stated that some of the cuts that were proposed did not occur and that he would like to request that the Board approve the Plan as presented. Mr. Vorhies stated that the Plan requires eleven (11) of the sixteen (16) governing bodies' approval before it can pass. Mr. Stiles asked what the logic was in eliminating classroom programs rather than some of the other programs that PIC fund. Mr. Vorhies stated that the Council had to cut programs other than those that had been cut before and OIC was one that had not been cut. Mr. Riley read a letter from Mr. Kenneth Furchak, County representative on the PIC, wherein he stated that he is not in favor of County endorsement of Plan II -A as presented by the Council. Mrs. Dorothy Brewer, representative on the PIC from Frederick County, appeared before the Board and stated that she felt a message needed to be taken back to the Council on the Board's feelings on OIC and classroom training. Mr. Stiles referred to a letter that he had received from Sharen Gromling, Personnel Director for the City of Winchester, stating that the City of Winchester did not vote in favor of Plan H -A. JOHN POUX, EXECUTIVE DIRECTOR OF THE TRI- COUNTY OIC ADDRESSED THE BOARD Mr. John Poux, Executive Director of the Tri- County OIC, appeared before the Board and stated that even though Mr. Vorhies had stated in his report that the classroom programs would not be cut this year. He further stated that inasmuch as the Federal Budget had not been finalized, there was still a possibility, as far as he was concerned, that PIC could still cut OIC classroom programs in this year's Budget and he therefore requested that the Board not approve Plan II -A. Mr. John Tyson, Board Chairman of OIC, appeared before the Board and stated that he felt OIC was doing a very good job of training the individuals that had entered the classroom programs. Mr. George Johnston, Member of the OIC Board, appeared before the Board and stated that he felt the cuts are going to affect OIC if not this year, definitely next year, and the hand writing is on the wall and that it would not be in the best interest of Frederick County for the Board to approve this plan. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, to deny Plan 11 -A as presented by the Council and Mr. Riley is to notify all other jurisdictions within the service area of the Board's decision. Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, the Master Plan of PIC was approved as presented. PREALLOCATION HEARINGS SCHEDULED FOR APRIL 2, 1986 IN STAUNTON Mr. Riley read a letter from Mrs. Beverly Sherwood, President of the Citizens Committee for Improvements to Route 522 North, requesting improve- ments to Route 522 North. The Board requested that a resolution be prepared for this hearing on April 2 and that Mr. Riley and Mrs. Maddox will attend this meeting. MRS. RHODA MADDOX, BOARD MEMBER REPRESENTING GAINESBORO 1 \V 1 \LLA 1 IVI \JIIIr U L I MILLI\ IILI\ AI \V IYII \• 1.11V\r I\ IYI/1VVVA Mrs. Maddox stated that she had been asked on numerous occassions if she was related to Mr. Chuck Maddox, Engineer with the firm G. W. Clifford and Associates, Inc., and she would like the records to show that she is not related in any way to Mr. Chuck Maddox. MIDDLETOWN FIRE DEPARTMENT IN A WRITTEN REQUEST, ASKED THAT THE MIDDLETOWN SCHOOL PROPERTY BE DONATED TO THE MIDDLETOWN FIRE AND RESCUE Mr. Riley stated that the Middletown Fire and Rescue was requesting that the Middletown School property be donated to them for their future building needs. The Board referred this matter to the Public Works Committee. ROAD RESOLUTION - LAKESIDE ESTATES, SECTION II - APPROVED Mr. Watkins presented this request. 285 Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the following resolution was approved: BE IT RESOLVED, that the Virginia Department of Highways and Transportation is hereby requested to add the following roads in Lake- side Estates, Section II, to the Secondary System of Frederick County pursuant to Section 33.1 -72.1 of the Code of Virginia, 1950, as amended: I. Aspen Drive from White Pine Circle to 40 feet North of Willow Oak Circle, containing 670 feet; and, 2. Willow Oak Circle from Aspen Drive to the dead -end, containing 700 feet; AND FURTHER BE IT RESOLVED, that the Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of 60 feet with necessary easements for cuts, fills and drainage; recorded in Deed Book 407, Page 572, dated April 26, 1973. FIRE AND RESCUE COMMITTEE REPORT Mr. Orndoff, Chairman of the Fire and Rescue Committee, presented the following Committee report and stated that it was for information only and no action was necessary: The Fire and Rescue Committee met on February 17, 1986, at 7:30 P.M., in the Round Hill Fire Company facility. All Fire Companies were represent- ed. Also present were Bill Orndoff (Stonewall Supervisor) and Bob Harriman. The following items were discussed: I. Items Requiring Board Action None. II. Items Not Requiring Board Action A. The Committee was briefed on the progress to date of the Subcommittee studying the proposed Fire Administrator's position. The Subcommittee is to meet again this Thursday, February 20. B. The Committee voted unanimously to eliminate the fire service input to the CIP and utilize annual budgeting for Capital Expense. C. The Committee was advised that the County had been declared eligible for the Fire Program Funds. We should be receiving further infor- mation from the State sometime after March 30th. D. The Committee discussed a letter from Greenwood Fire Company's Board of Directors. The letter requested that the Committee ask the Board to appoint a representative to the Committee that is not actually involved with a Fire Company. The Committee voted to discuss the request during the Association meeting that was held immediately following this meeting. E. The next meeting will be held March 17, 7:30 P.M., at the Round Hill (Co. 15) facility. SHAWNEELAND TAX SETTLEMENT - APPROVED 286 Mr. Larry Ambrogi stated that he had a settlement that he would like to present to the Board for their approval that offered a tax settlement in the amount of seventy five thousand dollars ($75,000) for certain parcels of land in Shawneeland. Following considerable discussion on this proposal by Mr. Ambrogi, the Board felt this proposal was a step in the right direction and hopefully this would get this situation off dead center where it had been for a number of years, ever since Shawneeland declared bankruptcy. They felt it would not only be beneficial to the County, but also the landowners in Shawneeland. Mr. Throckmorton expressed concern on those pieces of property not listed in the order and how this would affect the County. Mr. Ambrogi stated that this order dealt with property that belonged to the Nicholas Miller Trust and that is all. The Board requested that a summary of the liens that are remaining on property in Shawneeland be requested from the Commissioner of the Revenue's Office. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the following tax settlement agreement with Shawneeland was approved: UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF VIRGINIA Harrisonburg Division IN RE: MARJEC, INC. Bankruptcy Case No. 78 -00245 JOHN THORPE RICHARDS, EXECUTOR OF NICHOLAS C. MILLER ESTATE V. Complaint No. 13 JOHN G. LEAKE, TRUSTEE OF THE MARJEC, INC. BANKRUPTCY ESTATE and COUNTY OF FREDERICK, VIRGINIA MOTION FOR APPROVAL OF COMPROMISE USING ASSETS OF BANKRUPTCY ESTATE COMES NOW the Estate of Nicholas C. Miller, by counsel, and the County of Frederick, Virginia, and respectfully represent unto the Court as follows: 1. On March 21, 1985, the Estate of Nicholas C. Miller filed a Complaint for Declaratory Judgement against John G. Leake, Trustee of the Marjec, Inc. Bankruptcy Estate and the County of Frederick, Virginia. 287 2. The gravamen of the Complaint is the assertion that the lien of Frederick County, Virginia for real estate taxes which accrued subsequent to September 14, 1978 on real estate of Marjec, Inc. is void and of no effect. 3. The parties have arrived at a compromise whereby Frederick County agrees to substantially reduce its claim for real estate taxes during the period set forth herein, in exchange for, and subject to, its receipt of payment, also set forth herein. 4. On March 23, 1984, the Bankruptcy Court entered an Order approving the sale of a 200' x 200' tract owned by Marjec, Inc. to MCI Telecommunications Corporation for the sum of $62,500.00. The real estate sold to MCI Telecommunications Corporation by the Trustee of Marjec, Inc. was subject to the liens of the Estate of Nicholas C. Miller and if its lien was valid, Frederick County. Because of that the Order directed: It appearing to the Court that the sum of $62,500.00 is the purchase price of said tract is an advantageous one and in the best interest of creditors it is, accordingly, ADJUDGED and ORDERED, that said sale be, and the same hereby is, approved and confirmed free of any liens with any such liens to attach to the proceeds of sale. It is further ORDERED that Thomas J. Chandler, Jr., Trustee herein, execute and deliver his deed with special warranty of title to the said MCI Telecommunications Corporation, upon the payment to him of the sum of $62,500.00 in cash. It is further ORDERED that said Trustee hold said sum in a separate interest - bearing account pending further order to this Court. 5. At this time the Trustee still holds the approximate sum of $58,910.00 on account of the sale to MCI Telecommunications Corporation, with the liens of Nicholas C. Miller Estate and, if valid, Frederick County, remaining in those proceeds. 6. Similarly, by Order entered 1985, the Bankruptcy Court approved the sale of a by lot to Timber Ridge Ministries, Inc. for the sum of The sale was ordered free and clear of the liens of Nicholas C. Miller Estate and Frederick County, with their liens to attach to the proceeds of sale, and with the Trustee to hold the funds subject to further Order of the Court. At this time the Trustee holds the approximate sum of $18,442.00 on account of the sale to Timber Ridge Ministries, Inc. 7. If the claim of Frederick County is valid, it is owed for real estate taxes by Marjec, Inc. for the years 1981 through 1985, including penalties but exclusive of interest, $131,163.50. In addition, there are delinquent taxes on the large tract (in excess of 5,000 acres) described as Tax Map No. 48 -A -49 for the years 1978 through 1980 in the total amount of $19,447.85 (exclusive of interest); and delinquent taxes on the 149.28 acre tract known as 49- A- 2(A) -5 (which tract encompasses most of the "common areas" of Shawneeland, such as the pitch and putt golf course, picnic grounds, lake and so forth) of $12,398.96. The total of the amount figures is $163,009.49, again, exclusive of interest. 8. In settlement of this adversary proceeding, Frederick County has agreed to accept the sum of $75,000 in complete satisfaction of all real estate taxes owed by Marjec, Inc. for the years 1981 through 1985, all delinquent taxes owed for the years 1978 through 1981 on the large tract described as Tax Map No. 48 -A -49. The payment of this sum would not discharge the delinquent taxes due for the years 1978 through 1980 on the 149.28 acre tract known as 49- A- 2(2) -(5) which would remain liens on that tract of real estate. 9. The justification for application of the funds received to delinquent taxes of parcel 48 -A -49 is that both the tract sold to MCI Telecommunications Corporation, and the tract sold to Timber Ridge Ministries, Inc. were portions of 48 -A -49. 10. The proceeds from the MCI sale and the Timber Ridge sale would have been subject to either the lien of the Nicholas C. Miller Estate or Frederick County. s ft 11. The acceptance of the settlement would discharge more than $150,000 of secured, priority claims against the Marjec, Inc. bankruptcy estate for the sum of $75,000.00 and would thus appear to be beneficial to the bankruptcy estate and to the creditors of Marjec, Inc. WHEREFORE, the undersigned pray that the Bankruptcy Court approve the proposed settlement and Order the Trustee to deliver all of the remaining proceeds from the MCI Telecommunications Corporation sale to the Treasurer of Frederick County, and so much of the proceeds of the sale to Timber Ridge Ministries, Inc. as is necessary to make up the sum of $75,000.00, and that the Bankruptcy Court enter an Order that the balance of the proceeds of sale be discharged of the lien of the Nicholas C. Miller Estate and shall become general bankruptcy estate funds. FREDERICK COUNTY, VIRGINIA By: /s/ John R. Riley, Jr. Its: County Administrator John G. Leake Trustee William E. Shmidheiser, III of Wharton, Aldhizer & Weaver 90 North Main Street Harrisonburg, Virginia 22801 (703)434 -0316 Counsel for John Thorpe Richards, Executor for the Nicholas C. Miller Estate FINAL WORK ON 1986 -87 BUDGET Mr. Riley gave a final figure for the Parks and Recreation Department and the School Board Budget. BYRON BRILL FROM WAYSIDE FOUNDATION ADDRESSED THE Dr. Byron Brill appeared before the Board at which time he presented each Board Member with a packet of information about the operation of the Wayside Foundation. He stated that with the recent fire at the Inn he felt this would have a definite impact on attendance at the theatre, thus reducing the Foundation's income, therefore he would like to request on behalf of the Foundation a donation from the Board. Mrs. Eve Newman, Member of the Wayside Foundation, appeared before the Board stating that any donation the Board could make would be very much appreciated. Mr. Stiles asked Dr. Brill if he planned to make a similiar request of the City of Winchester. Dr. Brill replied that he was. Mr. Stiles referred this request to the Finance Committee for their meeting on March 4. DISCUSSION OF HEALTH DEPARTMENT BUDGET Dr. Paul Pedersen, Director of the Local Health Department, appeared before the Board to give a breakdown of the Health Department Budget from the State level as well as the share needed on the local level. He further stated that he felt the Budget for 1986 -87 was short approximately $16,000 and in order to meet the expenses this amount would be needed from the County. The Board discussed in depth with Dr. Pedersen how much money comes from the State as compared to what comes from the locality. Mr. Riley asked if the County maintained the current Budget level what would this mean to the Health Department as far as cuts were concerned. Dr. Pedersen replied that it would probably mean that one Sanitarian and one Public Health Nurse would be laid off. Mr. Owings stated that if the Board cut the Budget then it meant less services for County citizens. The question concerning whether or not perk permit fees could be collected by the Inspections Department was asked by Mrs. Maddox. Mr. Roy Williams, Administrative Assistant of the Health Department, appeared before the Board and stated that local jurisdictions cannot collect perk permit fees. Mr. Rhodes stated that he felt the County needed to get the message out regarding this forced or mandated funding, the message being that it has to stop. Mrs. Maddox stated that she was opposed to the perk fee when the Board voted to approve it but she did not feel the County could risk losing the services provided by the Health Department. Mr. Throckmorton stated that he did not feel the County could lose the services in question and he did not feel the proposed raises were that much. Mr. Orndoff stated that if he thought giving the money in question would take away all the complaints the Board Members receive on the Health Department he would agree to the request but he knew it would not, and further that he agreed with what Mr. Rhodes said earlier that the County has to say "No" to this mandating by the State. Upon motion made by Thomas B. Throckmorton and seconded by Will L. Owings, to increase the current Health Department Budget by $15,000. W1 The above motion was approved by the following recorded vote: Aye - Kenneth Y. Stiles, Will L. Owings, Rhoda W. Maddox and Thomas B. Throck- morton. Nay - Robert M. Rhodes and C. William Orndoff, Jr. Mr. Stiles stated that he felt a little more accountability on the part of the Health Department to the County would help their situation. Mr. Wayne Madigan, representing coaches from the Middletown area, appeared before the Board opposing cuts in the Little League and other youth programs. Mr. Grant Patton, resident from Stephens City, appeared before the Board to oppose any increase in fee charge stating that he felt this fee should cover the charge for instructor and materials needed and not for any staff time. Mr. Stiles stated that the following adjustments were offered regarding the Budget. $500,000 to the School Board and this is to include pay raises as mandated by the State. $120,000 for 6% pay raises for County employees. $675,000 local funds to Parks and Recreation. $20,000 for capital expenditures for Parks and Recreation to be taken out of Fund Balance leaving $655,000 for Parks and Recreation in their operating Budget. Mr. Stiles further stated that this meant the County was looking at a $523,000 deficit at this point. Mr. Carl Fryling, Finance Committee Member, stated that he felt the Board needed to go back to the drawing board and reduce this deficit even if it meant doing it line by line. Mrs. Maddox stated that this was brought about because of Revenue Sharing and that the Departments have been at this level for the past three (3) years. Mr. Owings stated that the State mandate on teachers salaries is what created the deficit, and further that there are only so many places you can cut as there are State mandates on the following Departments: Welfare, Social Services, Sheriff, Library, Health Department and Schools which means after these there is only so much money left. Mr. Stiles stated that he felt the Board should consider in the future approving the School Board Budget line item by line item and that no trans- fers would be made without Board approval. 291 Mr. Orndoff referred to Fire Companies and their capital improvement list and suggested that nothing would be spent out of this line item before first receiving Board approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, to advertise for Public Hearing on March 26, 1986, in the County Courthouse, to raise real estate taxes by seven cents (7�) from the current fifty eight cents (58�) per hundred to sixty five cents (65�) per hundred and four dollars and thirty five cents ($4.35) on machinery and four dollars ($4.00) on merchants capital. This will be voted on by the Board at their first meeting in April (9th). UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, 17 AS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. s Chairman, Bo of Supervisors Clerk, Board of Superv' rs