HomeMy WebLinkAboutMay 29, 1984 Special Meeting424
A Special Meeting of the Frederick County Board of Supervisors was held
on May 29, 1984, at 8:00 P.M., in the Board of Supervisors' Meeting Room, 9
Court Square, Winchester, Virginia.
PRESENT: Kenneth Y. Stiles, Chairman; Will L. Owings, Vice - Chairman;
Robert M. Rhodes; Rhoda W. Maddox; David L. Smith and C. William Orndoff,
Jr.
Mr. Stiles called the meeting to order and stated that this meeting had
been called to discuss and respond to the following letter hand delivered to
him by Mr. Paul Rhinehart:
To Frederick County Board of Supervisors
Due to unexpected circumstances beyond my control, and in order to
prevent disruption to the tire industry and to avoid chaos, I am resuming
hauling of tires.
After discussing this matter with my representative, it was decided
that this action was necessary.
I acknowledge that this is in violation of the thirty day notice to
haul, which was made under duress at the time it was submitted.
Dated May 26, 1984
/s/ Paul E. Rhinehart, Jr.
Paul E. Rhinehart, Jr.
Mr. Rhinehart appeared before the Board and stated that since the fire
the producers were being bogged down with tires and that he had tried other
sources in order to dispose of these tires, and when they saw that he was in
a squeeze they raised the cost per load by $100, thus his reason for
drafting this letter to the Board. He further stated that he had been
encouraged, not only from the local standpoint but also the National level,
to pursue this project, and he hoped the Board could realize the disruption
that would be caused if they would not permit him to haul tires.
Mrs. Maddox stated that Mr. Rhinehart mentioned National level and she
asked him if they had offered him a Grant.
Mr. Rhinehart replied yes and stated that they said he was more than
qualified and that they would be back to talk with him once everything was
straightened out.
Mr. Owings asked Mr. Rhinehart why he felt compelled to take these
tires.
Mr. Rhinehart stated that the County would not take them at the
Landfill.
Mr. Stiles asked Mr. Rhinehart if his furnance was close to completion
at the time of the fire.
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Mr. Rhinehart stated that was correct.
Mr. Stiles asked Mr. Rhinehart how long he would estimate it would take
to complete the furnance.
Mr. Rhinehart replied three months.
Mr. Rhodes asked Mr. Rhinehart how many tires he thought he would have
by the time the furnance was operational.
After discussion by the Board and Mr. Rhinehart it was determined that
Mr. Rhinehart would have approximately a million tires at the end of three
months.
Mr. John O'Brien, a resident of Route 608, appeared before the Board in
opposition to Mr. Rhinehart storing tires stating that this land was zoned
Agri cuItu ral- Residential.
Mr. Stiles stated that Mr. Riley and Mr. Ambrogi had drafted a series
of alternative courses of action for the County to take which will be
considered in Executive Session.
BOARD RETIRED INTO EXECUTIVE SESSION
Upon motion made by David L. Smith, seconded by C. William Orndoff, Jr.
and passed unanimously, the Board retired into Executive Session in
accordance with Virginia Code, 1950, Section 2.1 -344, Subsection A (6) to
discuss Legal matters.
BOARD WITHDREW FROM EXECUTIVE SESSION
Upon motion made by David L. Smith, seconded by C. William Orndoff, Jr.
and passed unanimously, the Board withdrew from Executive Session.
BOARD RECONVENED INTO REGULAR SESSION
Upon motion made by David L. Smith, seconded by C. William Orndoff, Jr.
and passed unanimously, the Board reconvened into Regular Session.
Mr. Stiles made the following statement:
The position taken by the Board in its February 9, 1983 Memorandum of
Understanding was that Mr. Rhinehart must cease hauling tires and
stockpiling them by September 1, 1983 if the furnance was not operational.
When Mr. Rhinehart continued hauling past September 1, 1983, the Board of
Supervisors authorized the County Attorney to take appropriate legal action.
Nothing has occurred that would cause the County to change that position.
The Board cannot change its position as long as:
1. The fire continues to burn.
2. The cleanup is not completed to the satisfaction of relevant
agencies and the impact of the fire assessed.
3. The furnance is not fully operational.
We will refer to the Public Works Committee the issue of alternative
methods of disposal of tires.
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UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
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