HomeMy WebLinkAbout1983-06-081'98
June 8, 1983 (Regular Day Meeting)
A regular meeting of the Albemarle County Board of Supervisors was held on June 8, 1983,
at 9:00 A.M., in Meeting Room #7 of the Albemarle County Office Building, Charlottesville,
Virginia.
Board Members Present: Mr. James R. Butler, Mrs. Patricia H. Cooke (Arrived at 9:08 A.M.),
Mr. Gerald E. Fisher, Mr. J. T. Henley, Jr. (Arrived at 9:31 A.M.), Mr. C. Timothy Lindstrom
and Miss Ellen V. Nash.
Absent: None.
Officers Present:
County Attorney.
Messrs. Guy B. Agnor, Jr., County Executive, and George R. St. John,
Agenda Item No. 1.
Chairman, Mr. Fisher.
Call to Order.
The meeting was called to order at 9:07 A. M. by the
Agenda Item No. 2. Consent Agenda. Motion was offered by Mr. Lindstrom, seconded by
Miss Nash, to accept and approve the consent agenda. Roll was called and the motion was
carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Butler, Fisher, Lindstrom and Miss Nash.
None.
Mrs. Cooke and Mr. Henley.
Item No. 2.1. Statement of Expenses for the State Compensation Board for the month of
May, 1983, for the Director of Finance, Sheriff, Commonwealth's Attorney and Regional Jail,
were approved as presented.
Item No. 2.2. Report of the Department of Social Services for the month of May, 1983,
was presented in accordance with Section 63.1-52 of the Code of Virginia.
Item No. 2.3. Report of the County Executive for the month of May, 1983, was presented
as information in accordance with Virginia Code Section 15.1-602.
Claims against the County which had been examined, allowed and certified for payment by
the Director of Finance and charged to the following funds for the month of May, 1983, were
also presented as information:
Commonwealth of Virginia Current Credit Account
General Fund
School Fund
Cafeteria Fund
Textbook Fund
Joint Security Complex Fund
Grant Project Fund
Capital Improvements Fund
Town of Scottsville 1% Local Sales Tax
Mental Health Fund
$ 35,679.74
611,073.02
1,944,800.00
41,302.00
81.47
72,503.74
1,050.00
252,916.05
356.97
256,522.58
$3,216,285.57
Item No. 2.4. Letters dated May 20, 1983, from the Virginia Department of Highways and
ation, signed by Oscar Mabry, Deputy Commissioner, were received as follows:
"As requested in your resolution dated February 9, 1983, the following
addition to the Secondary System of Albemarle County is hereby approved,
effective May 20, 1983.
ADDITION
LENGTH
IVY FARM SUBDIVISION
Ipswich Place - From: Route 657 Northwesterly
0.20 Mi. to End of Cul-de-sac.
0.20 Mi."
"As requested in your resolution dated February 9, 1983, the following
addition to the Secondary System of Albemarle County is hereby approved,
effective May 20, 1983.
ADDITION LENGTH
IVY FARM SUBDIVISION
Pheasant Lane - From: Route 1015 Southerly
0.45 Mi. to End of Cul-de-sac
0.45 Mi."
Item No. 2.5.a. Letter from Highway Commissioner, Harold King, giving tentative 1983-84
for Interstate, Primary and Urban System and Transit and Six-Year Improvement
, dated May 19, 1983, was received.
Item No. 2.5.b. Letter ~rom Highway Commissioner, Harold King, dated May 13, 1983,
1983-84 Construction Allocations for the Secondary System, was received.
June 8, 1983 (Regular Day Meeting)
Item No. 2.6. Letters dated May 19, 1983, from H. Bryan Mitchell, Virginia Historic
Landmarks Commission, stating that the properties of C!iffside, Edgehill, Carrsbrook, and
Guthrie Hall have been placed on the Virginia Landmarks Register, were received.
Item No. 2.7.a. Notice from the Potomac Edison Company dated June 2, 1983, requesting
an increase in rates based on financial operating review was received. A public hearing is
scheduled for September 23, at I0:00 A.M. in Richmond.
Item No. 2.7.b. Notice from the C & P Telephone Company dated June 7, 1983, re. investi-
gation to consider the impact of Modified Final Judgment in United States vs American Tole
was received. ·
Item No. 3. Approval of Minutes: January 5 and April 20, 1983.
Mrs. Cooke had read the minutes of January 5 and reported finding no errors or omissions
Miss Nash had not read the minutes of April 20, 1983. Motion was offered by Miss Nash,
seconded by Mr. Butler, to approve the minutes of January 5, 1983, as presented The motion
carried by the following recorded vote: '
AYES: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Lindstrom and Miss Nash
NAYS: None. ·
ABSENT: Mr. Henley.
Agenda Item No. 4a. Highway Matters:
Mr. Fisher noted the following request:
Request - Seminole Trail Volunteer Fire Company.
"The Seminole Trail Fire Department requests amendment of SP-78-?0 to remove
the requirement of the 14-foot paved emergency access roadway to Commonwealth
Drive.
We do not believe it is possible to limit use of this roadway even if our
station were manned 24 hours per day. The lane will constitute an attractive
nuisance and its benefits will not offset this disadvantage. Experience on
the site has already shown this nuisance potential since people have driven
automobiles, motor bikes, motorcycles and bikes across the uncleared right
of way."
Mr. Tucker noted that on April 6, 1983, the Board reviewed a request from Seminole Trail
Fire Company to delete a requirement for a public road connector between Commonwealth Drive
and Berkmar Drive across property of the Fire Company. At that time, the Board decided that
a temporary access should be installed at this time to fulfill the condition on the special
permit, and that the alignment of a future road for public use should be approved by the
Virginia Department of Highways at this time and shown on the site plan. Pending those two
ac~tions, the conditions would be fulfilled and the Fire Company could obtain a-certificate
of occupancy for their training room. Mr. Tucker showed to the Board the revised site plan
-showing a temporary parking area which can be used until the Board determines that a public
connector road is necessary. Mr. Tucker said Dr. Iachetta is requesting that the Board
reconsider its thoughts relative to the emergency access road. The Fire Company is presently
making some fire engine time runs in the Berkeley/Four Seasons area to see if they really do
save time by going through to Commonwealth Drive when they have a ~call in the Berkeley/Four
Seasons area.
Dr. Iachetta said the Fire Company has requested this change because of the impact a
permanent road would have on the site. The grades for that future road would demolish most
the parking area the way it was originally laid out. The alternative just presented by Mr.
Tucker eliminates the permanent curbing which is a substantial amount of money, and also the
blacktop that was in the original plan. Dr. Iachetta said the Fire Company itself would not
receive enough benefit from the fourteen foot emergency access to Commonwealth Drive to put
up with the hassels of having such a road in place. The Fire Company has already had problems
with maintaining limited control across the right-of-way by the public. The Fire Company
has looked at a lift-gate type of control which would have to be operated from the station.
Dr. Iachetta said he feels the gate would have to be replaced very often. During some time
runs, no particular benefit in time savings has been found to alleviate the nuisance problem.
The Fire Company has invested over $~1,000 this year in the community room which will be of
benefit to the neighborhood and the Fire Company would like to move its bingo operation from
Woodbrook School to the Fire Company building. Dr. Iachetta said he has talked with Larry
Claytor of the Rescue Squad and the Rescue Squad is not interested in this emergency access
road since there is no substantial savings in response time. The Fire Company can also
foresee a problem with going through a residential area which usually does not have vehicular
traffic.
Mr. Fisher said he believes that eventually there will have to be public access from
Berkmar to Commonwealth Drive. Dr. Iachetta agreed but said that the Fire Company did not
want to invest funds in a parking lot which will eventually have to be disrupted.
Mr. Tucker said that should the Board decide to proceed further with the request from
Dr. Iachetta, a public hearing on an amendment of the special permit will need to be scheduled
before both the Planning Commission and the Board.
Mr. Fisher asked Mr. Dan Roosevelt, Resident Highway Engineer, for comments. Mr. Roosevel~
said his department is concerned that the permanent road remain shown on the site plan and
that no action be taken by the Board to prohibit ¢onstructicn of that road at some future
time. The benefit of the emergency access road would be apparent during times of high water
over Dominion Drive and Commonwealth Drive. Mr. Fisher asked if there are any highway funds
available for construction of the permanent road. Mr. Roosevelt said there are only Secondary
Road Funds and he is not sure the Department would allow the use of these funds for constructio
of such a road at this time. Mr. Fisher asked for an estimated cost. Mr. Roosevelt said
this would be a thirty-six to forty foot wide, curb and gutter roadway, of approximately 300
feet in length; probable cost, $25,000.
20o
June 8, 1983 (Regular Day Meeting)
Dr. Iachetta said the Fire Company has determined that it can run its vehicles through
any amount of water that might overflow Commonwealth Drive. For a true emergency, a four-wheel
vehicle can go through the existing right-of-way now, or if a small amount of brush were cut',
other vehicles could use that right-of-way.
Mr. Maynard Elrod, County Engineer, said he had met with Dr. Iachetta to discuss the
benefits of building the parking area to the grade that will be necessary when the permanent
road is constructed, versus leaving the current elevation which would place the parking lot
at a higher elevation which would have to be lowered about five feet at the time a permanent
road went through. Mr. Fisher said if the County decided at that time that the permanent
road should be constructed, the Fire Company probably would not have the money to rebuild the
parking lot. It seems to be a waste of money not to go ahead and grade it out to what will
be needed at that time. Mr. Elrod said it depends on how long it will be before the road is
built. For those time reasons, the Fire Company decided to prime and seal the road and use
temporary curbs rather than asphalt.
Mr. Tucker said when this issue first came up, the Board discussed the fact that the
plans for Route 29 North called for the closing of the cross-over at the entrance to DominiOn
Drive. If no need is found for this new access before that happens, that alone will trigger-
the need for this new road. Mr. Fisher said if the conditions of approval are left as
presently worded, the Fire Company can build its parking lot, but the Board might find that
in Just a few years (or it might be 20 years), the road is needed, then the investment will
have been wasted. Miss Nash asked how this proposed road would affect the parking on the
site. Mr. Tucker said that most of this parking area is for the community room; there is
room in front of the building for the volunteer firemen to use
Mrs. Cooke said she is not in favor of requiring the Fire Company to build a road. The
Fire Company has trouble raising funds for equipment and the services that they furnish as a~
volunteer group. She asked what the Board can do to help them use their facilities and at
the least cost to the Fire Company. Mr. Tucker said the site plan can be developed in two
phases, with Phase I being the least expensive (temporary design of a road and parking lot as
recommended by the County Engineer). This would put the parking lot at grade and require
minimum grading and the taking down of a small amount of trees, use of railroad ties for
curbing around the lot, and posting of a bond for the emergency road while the Board schedules
a public hearing on the request to relieve the Fire Company from construction of the emergency
road. This would allow the Fire Company to obtain a certificate of occupancy and use the
building as desired. Phase II, which is the ultimate design of the property, would require
the actual construction of the road, and installing curb and gutter. The majority of the
expense would accrue to the County for the road construction. (Note: Mr. Henley arrived at
9:31 A.M. )
Mr. Lindstrom said the Board needs to make a decision as to whether this road should be
constructed at this time. He does not have strong feelings about the road, but feels the
requirement should be lifted from the special use permit so the fire company can use its
facilities. He asked if the prime and double seal in the parking area is a substantial
expense, and asked if the lot might be gravelled at~ this time. Dr. Iachetta said that the
cost of the seal is 905 per square yard; the gravel must be put in place anyway. Mr. Lindst~om
asked if the staff would be agreeable to having Just a gravelled surface. Mr. Tucker said
the staff feels it will be quite a while before any public road is constructed on this prope~t~
and that is the reason for requesting the prime and seal. Mr. Elrod said the parking lot is
quite steep so there would be trouble keeping the gravel in place for any length of time~
Dr. Iachetta said there is presently a drainage problem on the property (affecting the resc~J~
squad property) which must be corrected.
At this time, Mr. Lindstrom offered motion to adopt the following resolution of intent,
adding that the staff should request Mr. Roosevelt to investigate the possibility of using
Secondary Road Improvement funds to finance construction of the road adjacent to the Semin01e
Trail Volunteer Fire Company building between Berkmar Drive and Commonwealth Drive, but in
any event to show the right of way as being dedicated to public use so that should the money
become available, the road can be built. The motion was seconded by Mrs. Cooke and carried
by the following recorded vot'e'
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
BE IT RESOLVED that the Board of County Supervisors of Albemarle County,
Virginia, intends to amend Special Permit 78-70 for Seminole Trail Volunteer
Fire Department/Charlottesville-Albemarle Rescue Squad, Inc.,. to delete
condition three which presently reads "Access from Berkmar Drive to
Commonwealth Drive will be only fOr emergency use until such time that
public access is deemed necessary by the Board of Supervisors"; and
BE IT FURTHER RESOLVED, that it is the Board's intent that alignment
for this future road still be shown on the site plan; and
FURTHER REQUESTS the Planning Commission to hold public hearing o.n
said proposals to amend SP-?8-?0 and report back to this Board at the earliest
possible date.
Agenda Item No. 4b. Other Highway Matters.
Mr. Lindstrom expressed his appreciation to Mr. Roosevelt for some work done on the
shoulders along Route 676 at Ivy Creek Methodist Church.
Mr. Butler asked if Mr. Roosevelt had arrived at any estimated cost for work on the
curve on Route 22 at Keswick Store. Mr. Roosevelt said the District Engineer has authorized
him to do some survey work and drawings to see how much cutting would have to be done on the
curb. Information relative to this request will be furnished at a later date.
June 8, 198B (Regular Day Meeting)
Mr. Lindstrom asked for a report on the Georgetown Road Walkway. Mr. ElrSd said~there
have been some technical problems with the contractor which have now been resolved. The
Walkway may be completed by the beginning of the next school year. Mr. Lindstrom said he
would like to remind Mr. Roosevelt of the conversation that took place about four years ago
between Dr. Iachetta, Lester Hoel, Mr. Roosevelt and himself about the four-laning of George-
town Road (Route 656). Mr. Lindstrom said it was decided at that time that there would be no
such improvement and he understands that the word has.not been received by all parties. He
does not want this. project on somebody's drawing board. Mr. Roosevelt said the County has
shown Georgetown Road in its adopted Comprehensive Plan as a two-lane roadway.
Agenda Item No. 5. ~Vacation of Ashmere Subdivision (Deferred from March 9, 198B)~ Mr.
St. John recommended that the Board defer this item again; but more than thirty days. Motion
was offered by Miss Nash to defer this item until July lB, 198B. The motion was seconded by
Mr. Lindstrom and carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Agenda Item No. 14. Bids: Parking Lot - County Office Building. Mr. Agnor said that
three contractors submitted bids for this project. Faulconer Construction Company was the
low bidder with a price of $27B,712.10 and a time frame of 120 days. Total budget for this
project is estimated at $Bll,583 which includes $273,713 for construction; $13,636 for a five
percent contingency; $19,22B for architect/engineer fees; $961 for architect/engineer fee
contingency; $3,500 for compaction testing (the field is so flat is does not drain well so
will have to have some filling work); and $500 for printing of plans. The Capital Improvement
Program contains an item of $484,152 for complet~ ~h~.~C~unty, Of~ce Building compI~eX and
parking lot. Also included in that figure is expansion of the telephone system into the
remodeled wing, furniture and fixtures, and moving expenses. Mr. Agnor said he would recommend
that the bid from Faulconer Construction Company be accepted and that the Board authorize an
appropriation for the parking lot of SBll,58B. Motion was then offered by Mr. Lindstrom that
the bid of Faulco~ner Construction Company be accepted and that the fallowing resolution be
adopted.:
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia,
that $311,58B be, and the same hereby is, appropriated from the Capital Improvement
Fund and transferred to Code 9700-7060.01 for construction of the parking lot
of Phase II of the Albemarle County Office Building Project, by the construction
firm of Faulconer Construction Company.
The motion was seconded by Mr.~ Henley. Mr. Fisher said he had received a couple of
questions fromt~itikens asking whether the parking lot would take the entire football field.
Mr. Agnor said it takes the football field to the short fence between the football field and
the baseball diamond. The construction will connect that field via a ramp along the railroad
side, with the parking area directly around the building. The two lots will be interconnected
and will create a new main entrance for this building from Preston Avenue at Fourth Street so
that when the reconstruction of McIntire Road takes~place, the present entrance will be
closed and a new entrance will already be in place. The construction not only removes the
temporary wooden bleachers, but also the concrete stadium and develops the entire football
field into parking area.
Miss Nash asked if the City still owns the baseball diamond. Mr. Agnor said no; the
County owns the land, but it is being used by City baseball leagues. Roll was called at this
time, and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Agenda Item No. l?. Authority to Execute Agreement re- Easement - Centel.
Mr. Agnor said that this is a request to sign an easement for a buried telephane line
across Chris Greene Lake property to a tenant house owned by Mr. Frank Quayle. The easement
borders the roadway into Chris Greene Lake along an existing easement and then goes across a
small area of parks property. The Parks s~aff has examined the easement and finds that it
will not conflict with any use of the park. It is recommended that the easement be granted
and the County Executive be authorized to sign same on.behalf of the County. Mrs. Cooke
offered motion to accept the recommendation of the County Executive. The motion was seconded
by Miss Nash and carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Agenda Item No. 20. Claim against the Countyre: Starks.
Mr. St. John mentioned his letter of May 19, 1983, requesting that this item be included
on the agenda, and the letter dated May 17, 1983, from Sa'ad E1-Amin, attorney for the Starks:
"I have a copy of the letter written to the Board of Supervisors by
Mr. Amin, May l?, 1983.
This constitutes a claim against the County, which should be put on the
Supervisors' agenda for answer.
I, as County Attorney, am required to recommend disposition of this claim,
and I am going to recommend disallowance.~ i do not think it is necessary
to have Mr. and Mrs. Starks present, nor to hear any further evidence on
this matter, as in my judgment the claim is not allowable as a matter of
law, on its face."
June 8, 1983 (Regular Day Meeting)
Mr. St. John Said the Board is already familiar with the facts because of previous
discussion of flooding conditions on Commonwealth Drive. This claim, in essence, requests
that the County institute condemnation proceedings with ~the.~pu-rpose of, and ~ view ~oward,.
paying for the damage done to the real and personal property of Mr. and Mrs. Starks due to
the flooding of that property. Mr. St. John said he believes that this claim could not
lawfully be approved as a matter of law; it would not be a proper expenditure of public
funds. Mr. St. John then recommended that the claim be ~isallowed by the Board of Supervisors
Mr. St. John said that under State Code, no action can be brought in Court until this claim
has been made to the Board of Supervisors. Several months ago, Mr. El-Amen asked for documen-
tation showing denial of this claim; he believed that the claim had been made and denied
previously during discussions which were held about the flooding in this area. Mr. St. John
said a review of those minutes and documentation on file lead him to believe that there had
never been a claim presented in the form required by State statute. Mr. E!-Amin has now made
a claim in proper form.
Mr. Fisher said the County Attorney has recommended that the Board disallow this claim,
and he req~e~te~ a motion to that effect. Miss Nash offered motion that the Board disallow
the claim as set out above. The motion was seconded by Mr. Henley and carried by the following
recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
The Clerk was asked to notify Mr. E1-Amin by certified mail of the Board's action.
Agenda Item No. 21. Special Appropriation - Budget Amendment: Summer School Program.
Mr. Agnor said the County School system is going to administer the summer school program
for both Albemarle and Charlottesville students t~is year. ~The School Board~, at a meeting
held on May 25, 1983, requested the Board to make an appropriation for this self-sustaining
program in the amount of $27,050. This request was based on a projection-of fi~e sections of
enrichment instruction and nineteen sections of remedial instruction. It was also noted in
the request that the amount of the appropriation may need to be amended depending on the
actual enrollment in the program. The Director of Finance, Ray Jones, advises that the Board
take two separate actions on this request. First, that the Board adopt a motion this date
endorsing the program and authorizing the Department of Education to begin the program on
June 20, 1983; second that the Board wait to approve the actual appropriation at the July 6
meeting because actual expenditures will take place in the 1983-8~sg&~cal year.
Mrs. Cooke offered motion to accept the recommendation of the Director of Finance that
the Department of Education be authorized to begin this program on June 20, with the actual
appropriation of funds taking place after the beginning of the new fiscal year. The motion
was seconded by Mr. Lindstrom and carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, L±ndstrom and Miss Nash,
None.
Agenda Item No. 22d. Apointment: Jefferson Area Board on Aging. Mr. Butler noted that
an application had been received from Dr. Richard W. Lindsay for this Board. He has also
personally called Mr. Butler about wanting to serve on this Board. Dr. Lindsay is a Professor
of Medicine and Head of the Division of Geriatric Medicine at the University of Virginia
School of Medicine. Miss Nash offered motion to appoint Dr. Lindsay to this vacancy for a
term to begin immediately and expire on March 31, 1985. The motion was seconded by Mr.
Butler and carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Agenda Item No. 22b. Appointment: Metropolitan Planning Organization Technical Committee
Mr. Lindstrom said he has talked with both of the County representatives on this committee
about an appointment he would like to make to the committee. There has been talk of having a
citizen member (as a watchdog) who could be sure that all of the possible alternatives to a
Route 29 bypass through the western part of the County are clearly examined. Mr. Lindstrom
then nominated Mrs. Charlotte Humphris to this committee. Mrs. Cooke seconded the motion
which carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
NqDe.
Agenda Ztem No. 22c. Appointment: Jail Board. Mr. Henley said an appointee is needed
for the Jail Board. The term of Mr. John Burns has expired and he is not eligible for
reappointment.
Agenda Item No. 22h. Appointment: Soil Erosion Advisory Board. Mr. Lindstrom noted
that Lt. Cot. Dirk Van der Voet has stated that he does not wish to be reappointed to this
Board. Mr. Lindstrom would like to sign a letter of appreciation to Lt. Col. Van der Voet
for his service on this Board.
Agenda Item No. 6. Public Hearing: An Ordinance Amending and Reenacting Section 14-13
of the Albemarle County Code referencing Certain Maps Defining Reservoirs Subject to the
Requirements Applicable to Water Supply Reservoirs Utilized by the Rivanna Water and Sewer
Authority. (Advertised in the Daily Progress on May 24 and May 31, 1983.)
June 8, 1983 (Regular Day Meeting)
Mr. Agnor said that there was an unintentional omission on the current map in that the
map does not show the Ivy Creek area or the U~per Reaches of the South Fork Rivanna Reservoir
as being subject to the ordinance provisions. The revision is to replace this one map with
five new maps outlining each of the reservoirs in detail; specifically detailing actual tax
map and section numbers affected by the ordinance.
The public hearing was opened. With no one present to speak for or against this ordinance
amendment, ~he public hearing was closed. Motion was immediately offered by Mr. Lindstrom to
adopt the f~llowing ordinance:
AN ORDINANCE AMENDING AND RE-ENACTING
SECTION 14-13 OF THE ALBEMARLE COUNTY CODE
REFERENCING CERTAIN MAPS DEFINING RESERVOIRS SUBJECT TO
THE REQUIREMENTS APPLICABLE TO WATER SUPPLY RESERVOIRS
UTILIZED BY THE RIVANNA WATER AND SEWER AUTHORITY
BE IT ORDAINED by the Board of Supervisors of Albemarle County that Section
14-13 of the Albemarle County Code is hereby amended and re-enacted as follows:
Section 14-13. Reservoirs affected.
The following reservoirs shall be subject to the requirements set
forth in this-article: Sugar Hollow, Ragged Mountain, Upper and Lower,
South Fork Rivanna, Beaver Creek, and Totier Creek. The boundaries of
these reservoirs are shown on maps attached hereto and on file in the
office of the clerk of the board of supervisors, entitled as follows:
"Sugar Hollow Reservoir, County Code Section 14-14, Tax Maps 24, 25, 38";
"Ragged Mountain Reservoir, County Code Section 14-15, Tax Maps 59, 74,
75"; "SOuth Fork Rivanna Reservoir, County Code Section 14-16, Tax Maps
30, 44, 45"; "Beaver Creek ReservOir, County Code Section 14-17, Tax Maps
41, 56, 57"; and "Totier Creek Reservoir, County Code Section 14-18, Tax
Maps 130, 136".
The foregoing motion was seconded by Mrs. Cooke and carried by the following recorded
vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Agenda Item No. 7. Public Hearing: An Ordinance amending and reenacting Sections
14-15(b), 14-16(b), 14-!7(b) and 14-18(b) of the Albemarle County Code to prohibit use of any
internal combustion engine on water supply reservoirs utilized by the Rivanna Water and Sewer
Authority. (Advertised in the Daily Progress on May 24 and May 31, 1983.)
Mr. Agnor said that the Rivanna Water an~ Sewer Authority Board of Directors took action
on December 20, 1982, and again on February 28, 1983, at the request of a citizen and also
from the Division of Game and Inland Fisheries, proposing a relaxation of the ordinance
requirements so that instead of prohibiting boats equipped with combustion engines within the
boundaries of the water supply reservoirs, these boats would be permitted under certain
conditions. The County Attorney drafted proposed amendments to relax the requirements, and
those amendments are the subject today of this public hearing. It was brought to the attention
of the Rivanna Board that to physically remove internal combustion engines from some boats is
a very complicated process in that it removes the steering linkage from the boat as well as
some of the electrical wiring. It is impractical for some of those types of removals to
occur. In order to respond to this concern the Rivanna staff and Rivanna Authority Board
had meetings with representatives of the Division of Game and Inland Fisheries and examined
ordinances from other localities where similar prohibitions are imposed on reservoirs. It
was learned that on Game Commission lakes, internal combustion engines are not required to be
removed from the boat, but are not allowed to be used, and are required to be tilted so that
from the shore an officer can recognize that the motor is not being used. This ordinance
today will bring the County ordinance more into line with the ordinances of the Fish and Game
Commissioh regulations. If the boat has a removable gas tank, it will require that the tank
be removed before entering the water. It has been found that a number of gas tanks are buiIt
into the hull, so there is no way to remove the tank. This ordinance will allow the engine
to be left on the board, put into a tilted position while on the reservoir, and require the
removal of a removable gas tank.
The public hearing was opened. Mr. John Kaufman from Free Union, a supervising fishery
biologist for the Division of Game and Inland Fisheries, said the Commission supports the
changes recommended by the Rivanna Authority. He said the existing Albemarle County ordinance
is unique by the fact that it is the only ordSnance in the State which prohibits the mere
presence of an outboard motor on a boat. The regulation as it is worded can present serious
problems to fishermen who might fish other waters, such as Lake Anna, or Lake Monticello.
The Commission feels the ordinance can be modified to incorporate the concerns of the County~
about allowing outboard motors on the reservoirs.
Mr. Fisher said he had supported the existing ordinance because of the people who cannot
resist the temptation to turn on the motor when their electric battery fails. He asked how
these requirements are enforced on Game and Inland Fisheries lakes. Mr. Kaufman said it is
part of the regulations, so the person would be given a ticket for violating that part of the
code. Mr. Fisher asked how often that happens. Mr. Kaufman said there are very few violations.
He said that the Division of Game and Inland Fisheries did not even know the existing County
regulations were in effect until August of last year. Mrs. Cooke asked if the ticket constitut~
a fine or a warning. Mr. Kaufman said it is usually a fine; that is the prerogative of the
judge.
Mr. Woody Calhoun said he and his wife fish on the lakes involved and have never had a
more enjoyable summer. Both he and his wife are disabled, and if they awake in the ~0rnings
feeling good, they can go out and fish for a few hours. Since his wife has arthritis, she
could not get up and walk around in a "john" boat with any safety, so they have a large boat.
He requested that the Board rescind this regulation.
With no one else present to speak for or against the ordinance, the public hearing was
closed.
Jufle 8, 1983 (Regular Day Meeting)
205
Motion was then offered by Mr. Henley to adopt the following ordinance:
AN ORDINANCE AMENDING AND RE-ENACTING
S~OTIONS 1~-15(b), 1~-1~(b), 14-17(b), AND 1~-18(b)
OF THE ALBEMARLE COUNTY CODE TO PROHIBIT USE OF ANY
INTERNAL COMBUSTION ENGINE ON WATER SUPPLY RESERVOIRS
UTILIZED BY THE RIVANNA WATER AND SEWER AUTHORITY
BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that
Sections 14-15(b), 14-16(b), 14-17(b), and 14-18(b) of the Albemarle County Code
are hereby amended and ~re-enacted as follows:
~Sec~tion t4-15~. ,Same -- Ragged Mountain~ Upper and Lower.
(a) Same.
(b) Prohibited uses. Swimming, hunting, trapping, picnicking, and
overnight camping shall be prohibited within the boundaries of the Ragged
Mountain Reservoir, Upper and Lower. Fishing, canoeing and boating without
a permit from the City of Charlottesville Public Works Department shall be
prohibited. Ail boats operated with internal combustion engines shall be
prohibited within the boundaries of the Ragged Mountain Reservoir, Upper
and Lower, except for those boats operated by the Rivanna Water and Sewer
Authority for water supply purposes. The owners of those boats equipped
with internal combustion engines not having written permission to operate
the same shall at all times have the engine tilted in a non-operating posi-
tion when within the boundaries of ~he Ragged Mountain Reservoir, Upper and
Lower. In such case, for those boats equipped with or utilizing removable
gas tanks, the gas tanks shall be removed prior to entering Reservoir waters.
Section 14-16. Same -- South Fork Rivanna.
(a) Same.
(b) Prohibited uses. Swimming, hunting, trapping, picnicking and
overnight camping shall be prohibited within the boundaries of the South
Fork Rivanna Reservoir. Ail boats operated with internal combustion engines
shall be prohibited within the boundaries of the South Fork Rivanna Reservoir
except for those boats operated with the written permission of the Rivanna
Water and Sewer Authority. The owners of those boats equipped with internal
combustion engines not having written permission to operate the same shall
at all times have the engine tilted in a non-operating position when within
the boundaries of the South Fork Rivanna Reservoir. In such case, for those
boats equipped with or utilizing removable gas tanks, the gas tanks shall be
removed prior to entering.Reservoir waters.
Section 14-17. Same -- Beaver Creek.
(a) Same.
(b) Prohibited uses. Swimming, hunting, trapping and overnight camping
shall be prohibited within the boundaries of the Beaver Creek Reservoir. Ail
boats operated with combustion engines shall be prohibited within the boun-
daries of the Beaver Creek Reservoir, except for those boats operated by the
Rivanna Water and Sewer Authority for water supply purposes. The owners of
those boats equipped with internal combustion engines not having written
permission to operate the same shall at all times have the engine tilted in a
non-operating position when within the boundaries of the Beaver Creek Reservoir.
In such case, for those boats equipped with or utilizing removable'gas tanks,
the gas tanks shall be removed prior to entering Reservoir waters.
'SeCtion 14-18. Same -- Totier Creek,
(a) .Same.
(b) Prohibited uses. Swimming, hunting, trapping and overnight camping
shall be prohibited within the boundaries of the Totier Creek Reservoir. Ail
boats operated within internal combustion engines shall be prohibited within
the boundaries of the Totier Creek Reservoir, except for those boats operated
by the,_Bivanna Water and Sewer Authority for watter supply purposes. The
owners of those boats equipped with internal combustion engines not having
written permission to operate the same shall at all times have the engine
tilted to a non-operating position when within the boundaries of the Totier
Creek Reservoir. In such case, for those boats equipped with or utilizing
removable gas tanks, the gas tanks shall be removed prior to entering Reservoir
waters.
The foregoing motion was-seconded by Mr. Butler and carried by the following recorded vote
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisherl Henley, Lindstrom and Miss Nash.
None.
Agenda Item No. 8. Public Hearing: An Ordinance to Amend and Reenact Section 4-3 of
the Albemarle County Code concerning the Disposal of the Bodies of Dead Animals and Fowl.
(Advertised in the Daily Progress on May 24 and May 31, 1983.)
June 8, 1983 (Regular Day Meeting)
Mr. Agnor said that the existing ordinance requires that if an owner does not properly
dispose of a dead animal or fowl,.the magistrate can order the animal or fowl cremated and
$5.00 for the animal or $1.00 for the fowl can be recovered. This ordinance amendment states
that this cremation would be ordered by a judge of the General District Court and the fees
recovered would be the actual cost of the cremation, but not more than $7.5.00 for an animal,
or $5.00 for a fowl. This is primarily to update costs and shift responsibility to the judge
of the General District Court, and was brought about by a recent case in court where a
violator was not held guilty because of a flaw in this ordinance (State law had been changed,
but the County ordinance had not been amended to match that change).
At this time, the public hearing was opened.
Jeff McDaniels of the State Health Department said the case was tried in court last week
and nul-processed because the ordinance as written is invalid. This amendment will update
County law to match State law and make the ordinance valid once again.
With no one else rising to speak, the public hearing was closed. Motion was offered by
Mr. Henley to adopt the following ordinance:
AN ORDINANCE TO AMEND AND RE-ENACT SECTION 4-3 OF THE
ALBEMARLE COUNTY CODE CONCERNING THE DISPOSAL OF
THE BODIES OF DEAD ANIMALS AND FOWL
BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia,
that Section 4-3 of the Albemarle County Code is hereby amended and re-enacted
as follows:
Section 4-3. Disposal of bodies of dead animals and fowl.
When the owner of any animal or grown fowl which has died knows of
such death, such owner shall forthwith have its body cremated or buried,
and, if he fails to do so, any Judge of a General District Court, after
notice to the owner, if he can be ascertained, shall cause any such dead
animal or fowl to be cremated or buried by an officer or other person
designated for the purpose. Such officer or other person shall be entitled
to recover of the owner of every such animal so cremated or buried, the
actual cost of the cremation or burial, not to exceed $75.00, and of the
owner of every such fowl so cremated or buried, the actual cost of the
cremation or burial, not to exceed $5.00, to-be recove~red in the s~ame- ~-
manner as officers' fees are recovered, free from all exemptions in favor
of such owner. Any person violating the provisions of th±s section shall
be guilty of a Class IV misdemeanor.
Nothing in this section shall be deemed to require the burial or
cremation of the whole or portions of any animal or fowl which is to be
used for food or in any commercial manner.
The motion was seconded by Mrs. Cooke and carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Agenda Item NO. 9.
1983).
SP-83-20.
Rivanna Water and Sewer Authority (Deferred from May 18,
Mr. Fisher noted that this petition was deferred in order to allow some additional
information to be presented to the Board relative to the cost of installing this proposed
interceptor line along an alternate route lying on Route 250 West, and several other concerns
expressed by Board members and the public at that meeting.
Mr. Paul Shoop, Design Engineer for the Rivanna Water and Sewer Authority, noted report
entitled "Design Information for the Crozet'Interceptor" dated June 2, 1983, which has been
furnished to the Board. Mr. Shoop went over the report in detail; a few sections are excepted
below:
"Plans and specifications for Part II of the Crozet Interceptor have been
reviewed and approved by the Virginia State Department of Health, the Virginia
State Water Control Board, and the Army Corps of Engineers. The plans are
currently being reviewed by the Environmental Protection Agency and a grant
offer is anticipated to be forthcoming. Construction of Part II is antici-
pated to begin in the summer of 1983. The line will include gravity sewer
along Little Ivy Creek from Route 708 to a point west of West Leigh where
Little Ivy Creek crosses the C & 0 Railway and enters West Leigh Subdivision.
Ail line sizing and design flows to this point were based on the fifty-year
development of the Community of Crozet. Design routings were based on
following gravity flow routes along existing drainage basins. Beginning
at this point (the C & 0 Railway), three alternate routes were considered:
1) Construct a gravity sewer through West Leigh and construct a pumping
system to tie into the Morey Creek system; or
2) Construct a pumping station paralleling C. & 0 Railway property to tie
into the Morey Creek System; or
3) Construct a pumping system along Route 250 to tie into the Morey Creek
system.
The three alternatives listed can handle sewage flows of 2500 gallons per
minute which is the limiting capacity of the Morey Creek Interceptor. The
2500 gpm is projected to be reached in twenty to twenty-four years.
June 8, 1983 (Regular Day Meeting)
Virginia Sewerage Regulations require that projects such as the Crozet
Interceptor be designed for a fifty-year life. Three possible routes to
handle the flow after the 2500 gpm capacity of the Morey Creek Interceptor
has been exceeded, are:
1)
2)
Gravity sewer along Ivy Creek to a point north of Farmington; construct
a pumping system to the Morey Creek Interceptor and construct a gravity
sewer parallel to the existing Morey Creek and Moores Creek Interceptors;
or
Gravity sewer along Ivy Creek to a point west of Albemarle High School;
construct a pumping system to the Albemarle/Berkeley system; and parallel
that system and the Meadow Creek Interceptor to the Rivanna Interceptor;
or
Construct a gravity sewer along Ivy Creek around the South Rivanna Reservoir
and tie into the Rivanna Interceptor.
The decision on this ultimate route does not need to be made at this time and
has no bearing on the "West Leigh" issue at hand.
West Leigh Gravity Routing
Of the three options available at West Leigh, the route along Route 250 was
dropped from consideration because pumping head requirements would necessitate
two pumping stations as opposed to the one for the C & 0 Railway pumping route.
This left two options to study: 1) gravity sewer through West Leigh; and
2) a pumping system parallel to the C & 0 Railway. The cost of these two
options was evaluated both as to twenty-year and fifty-year project lives.
If the Morey Creek Interceptor were to be abandoned in twenty years, the actual
cash outlay would be higher for the C & 0 routing. Since a majority of the
costs would be in operations and maintenance, this option would be $817,051
higher than the route contemplated in the special permit request. In twenty
years, if the flow were split between Morey Creek and the residual flow route,
the actual cash outlay would be higher for the C & 0 route and about $907,981
higher than the route contemplated in the special permit request.
Mr. Shoop.said a.~qmestion was raised at the May 18 meeting of the Board as to whether
estimate of cost of property acquisition for the alternate routes had been made. Ail property
acquisition will be private for either route, therefore, the cost of easement purchase will
be negligible compared to the estimated construction and restoration costs.
A question was also raised as to the impact on property values in West Leigh. The
special use permit required for this project confirms the location of the facilities within
the floodway. The fact that the underground structures will be located where no buildings
could be constructed, and with properties being restored to their original condition, will
warrant nominal impact on property values. Any damages will be paid for in the easement
acquisition.
Mr. Shoop said a question about odors was also raised. The main source of odors in a
sewage system is septicity. The Rivanna Authority is concerned with septicity in that it
hinders biological treatment. For this reason, hydrogen peroxide or a substitute will be
added as an oxidant to "freshen" the sewage and minimize odors. Additionally, vented manholes
have been strategically located next to the railroad and in a pasture near a barn.
Mr. Shoop said two issues were raised by property owners in West Leigh. Regarding the
lake, the County Engineer and the Watershed Management Official will be involved in the
review and inspection of erosion control measures during construction. The Rivanna Authority
is also willing to perform a depth survey of the lake before and after construction to
determine impact resulting from construction of the interceptor. Regarding the roads, the
Authority is willing to have the County Engineer's Office assist in reviewing road conditions
before and after construction to ensure restoration. Mr. Shoop said he would be happy to
answer any questions.
Mr. Fisher said he cannot believe the Rivanna Authority is looking at three alternatives
that go directly to the South Fork Rivanna Reservoir. The whole point of the 1973 EPA study
was to find alternative routes to keep sewage service away from the Reservoir. That study
recommended that no sewage lines be built closer to the Reservoir than along Route 250 West.
Mr. Shoop said the original design work done by Ecol Sciences in 1974 was based on the then
current Albemarle County Comprehensive Plan which had a life of twenty years. Therefore,
they looked for a twenty-year design solution. Mr. Fisher asked why the size of the Morey
Creek Interceptor could not be increased. Mr. Shoop said that is a feasible alternative,
but that decision is still twenty years away. Mr. Fisher asked if any of the "green" (three
alternatives) routes shown on the map on the wall were a part of the original Four-Party
Agreement which created the Rivanna Authority. Mr. Shoop said if the question is whether
the Four-Party Agreement binds any of the routes, he believes the wording in the agreement
is only "to construct-a Crozet Interceptor" and does not set out the exact routing. Mr. Agnor
said the Four-Party Agreement does not address specific routing. There was a pollution
abatement study (the Malcolm Pirnie Report) which caused the Rivanna Authority to be created.
That report showed the Crozet Interceptor in general terms going from Crozet, down Ivy Creek,
around the Reservoir, and then to the Rivanna River, but that was just a conceptual idea.
Mr. Lindstrom asked if any cost analysis of enlarging the Morey Creek/Moores Creek
Interceptors to handle the fifty-year flows as opposed to the building of any of the three
alternative routes has been made. Mr. Shoop said the Rivanna Authority has not analyzed
which of the three alternative routes it would choose.
,208.
June 8, 198~ (Regular Day Meetin~)~
Mr. Lindstrom said the whole issue of the South Fork Rivanna watershed has. been a major
problem for many years. This Board has been trying to direct growth away from the Reservoir
area. Unless the Rivanna Authority has really good monetary reasons for running these lines
into that watershed, he feels the alternative of enlargement of the Morey Creek/Moores Creek
Interceptors should be selected. When the Rivanna Authority did not bring forth such a
proposal, it made him curious to know whether there was any'consideration given to just
expanding the size of the existing interceptors. Mr. Shoop said the original design of the
Crozet Interceptor was actually for a gravity sewer flowing to a point behind Farmington,
and with the elevation changes from that point, all flow could be handled with a single
pumping station to the Moores Creek Interceptor~. A lot of the design work has been calculated
on what might happen in twenty years. Mr. Fisher said he is totally opposed to making
decisions today on what might happen twenty years from now.
Mr. Lindstrom said he had been unable to determine from Mr. Shoop's answers whether or
not there had actually been a cost analysis made of enlargement of the existing Morey Creek/
Moores Creek Interceptors. Mr. Shoop said there had not been the exact type of cost estimate
made that Mr. Lindstrom was asking about. Mr. Lindstrom said the Board has imposed a tremendou:
cost on property owners in the watershed by regulating the way they can use their land.
That cost far exceeds any cost that would be involved in two pumping stations, or even one
pumping station; it is a question of fairness. The Rivanna Authority is really dealing with
another aspect of the problem. Mr. Shoop said he had tried to find a common solution. He
did some cost analyses on the alternative C & 0 route, pumping over the hill just beyond the
entrance to West Leigh. He also looked at the alternative of retaining what is already in
the ground and whether to size the line behind Farmington for the entire fifty-year flow.
Mr. Shoop then went into details explained in the report mentioned earlier.
Mr. Lindstrom said that after all the effort this Board has spent on protecting the
South Fork Rivanna watershed, he cannot approve a special permit for lines that go through
that watershed. Although he recognizes that there are additional costs, the Board has
imposed a lot of costs on private properties in trying to protect that Reservoir. Eventually,
there would be constant, repeated pressure to allow hook-ups to that line and he believes
the Albemarle County Service Authority might eventually accede to that pressure,. Mr. Lindstrom
said that in the back of his mind there is a slight suspicion that future customers may have
been the bases for looking at these particular routes. Mr. Shoop said that the lines were
choosen purely on the difference in cost between gravity flows and building pumping stations.
Mr. Agnor said he talked with Mr. George Williams when he learned of the proposed routing.
Mr. Agnor said it has been his understanding for a number of years that the proposal for a
line to the Rivanna River was dead and buried. The Ecol Sciences report dealt with a twenty-
year planning period, but regulations now require a fifty-year design. It is a completely
different set of circumstances. Even the new AWT Plant does not have a fifty-year life.
Mr. Agnor said that even though the Rivanna Authority is looking at a fifty-year plan,
perhaps the design work should be limited to a twenty-year cycle, which was the original
cycle for the pollution abatement program.
Mr. St. John said the Board should recognize at this time the legal nature of the County's
adopted Comprehensive Plan. A fifty-year life is two and one-half times the life of the
present plan. The question is, when this Comprehensive Plan expires, will the next plan be
built on what has been done under the plan in effect at this time, or does the Board anticipate
that when this plan expires it will be totally reversed and scrapped rather than building on
the present plan. Mr. St. John said he does not believe that the General Assembly, in
setting up this land use program, meant that a comprehensive plan would just die at the end
of its twenty-year life. The Board cannot sit here today and claim to be living under the
present plan, and at the same time approve something that is contradictory to the concept of
the plan after it expires. Mr. Fisher said that is exactly what he was trying to say. Mr.
St. John said there are legal implications involved in endorsing or approving the "green"
(the three alternative routes) lines shown on the map. There would be legal implications
affecting the present Comprehensive Plan and its status if the Board should endorse anything
like this proposal.
At this point in the discussion, the public hearing was reopened. First to speak was
Mr. Rick Richmond who made a statement (copy of file in the Clerk's Office), a summary of
which follows:
"The report (Design Information for the Crozet Interceptor, dated June 2, 1983)
is a comparison of apples and oranges. The estimated savings are speculative
and begin to accrue, if at all, only at the end of a twenty-year period. In
one breath, the Rivanna Authority states that it is not necessary to make an
ultimate de.cision to decide the West Leigh issue, yet in the next breath it
recommends spending a huge additional sum of money at the present time which
may result in savings in the long run only if you make the ultimate decision now.
The fifty-year life design requirements leave options for cost effective
shorter term construction techniques provided the. fifty-year concept is
considered in the overall design.' By using the new Chessie route there
will be a savings of between $197,747 and $400,000. It is irresponsible to
spend that amount of money.in 1983 with any projected savings as speculative
as set forth in the report."
Mr. Lou Eaton said he is the property owner most affected by the Rivanna proposal. This
line would run through 1500 feet of his property, nearly all of which is in the two hundred
year flood plain. He is in favor of the line, but does not feel that this issue has been
thoroughly evaluated in terms of long-term planning. He also does not believe the watershed
issue has been evaluated. Mr. Eaton said he is concerned because this line will restrict
the use of his property. He is concerned about the damage that will occur. Based on histor~'ca]
things he has seen as a geologist and topographic engineer, there is the potential for him
to be the receipent of a bad situation. His home is the original Meriwether Lewis land
grant house, dating to 1760; probably the oldest house in Ivy. Also, he does not believe
this line can be installed through his property without destroying a road which has at least
.two or t~hree years of life in it without having to resurface about 1300 feet of same. Mr.
Eaton said there are multiple reasons why he as a property owner is concerned.
'209
June 8 1 ~~ar Da~Meetin~__
Mr. Richard Atkinson said he lives in West Leigh. It is his barn by which the proposed
vent on the sewer line will be installed. The barn does not smell bad now, but he believes
it will in the future. He feels this will devalue his property and he would prefer that the
Chessie route be chosen;
Mrs. Nell Tiller said she lives in the Crozet area. She has been fighting for five
years to get the interceptor line installed to Crozet. When her family moved to the Crozet
area it was during a drought, so they did not know what they were getting into. Since that
time, they have spent about $2000 on their septic system. She said that her septic system
was pumped last Sunday and almost weekly. Septic systems are failing throughout the whole
coramunity. She feels badly that this line will affect the property of many, but if a decision
is not made soon, she feels that the State Water Control Board may take away the grant
money.
Mrs. Katie Hammock said she lives in Crozet. She asked that the Board put aside any
talk about land being torn up and consider this issue only from a health standpoint. She
said there is black, putrid sewage on top of the ground in some places in Crozet, and children
play on that ground. She begged the Board to decide on the route for this interceptor line
and said that if a decision is postponed, someone might die.
Mr. Phil Dougherty said he lives in West Leigh. He has no objection to this line, but
is present only to question the routing of the line through West Leigh.
Mr. Fisher said he has been working on this proposed Crozet Interceptor since 1972. He
has been to Richmond about six times seeking the necessary money, and he does not expect to
let the project get lost. With no one else rising to speak, the public hearing was reclosed.
M~. Lindstrom said he can echo the comments made by the people from Crozet. He has
been working on this problem for a long time. The question is not whether this interceptor
will be built, but if it will be built in such a way as to foreclose any part of the line
going through the South Fork Rivanna watershed. Mr. Lindstrom said the Comprehensive Plan
that this Board has worked on is one that he feels the Board must stand by. Mr. Lindstrom
said he understands that this special use permit would not be necessary if there were not
alternative routes available. Mr. Lindstrom said he thinks the route directly along Route 250
West is the alternative that should be picked and for that reason he offered motion to deny
SP-83-20. He said he would like to add to the motion that it is the sense of this Board that
the C & 0 alternate be selected and that planning be done to make the Route 250 interceptor
line shown in the Comprehensive Plan, the permanent line, and that all planning for constructioI
of lines through any part of the South Fork Rivanna watershed, be avoided.
Mr. Fisher asked the staff if denial of the special permit application is the way to
accomplish the construction of the C & 0 route. Mr. Tucker said that there will still be
parts of the line in the flood plain. He said it would be better to condition the permit on
the alternate C & 0 route. Mr. L~ndstrom asked if a special permit is actually required.
Mr. Tucker said the special permit is required only because the line goes through the flood
plain. Mr. Lindstrom asked if it would be sufficient to say that approval of the special
permit is conditioned on following the C & 0 alternative. Mr. Tucker said yes. Mr. Lindstrom
said he would then change his motion to do just that.
Mr. St. John reminded the Board that this approval carries with it a finding that the C &
alternate route is in accord with the recommendations in the Comprehensive Plan according to
Vi.rginia Code Section 15.1-456. This project cannot be built unless it is found to be in
accord with recommendations of the Comprehensive Plan. Mr. Lindstrom said that possibly the
best way to approve this special permit would be to delete Condition #2 which presently
reads: ~'Staff approval of site plan for West Leigh pump station to include a landscape plan
and facade treatment;" and change that condition to read: "The C & 0 alternate will be the
route for the Crozet interceptor line;" and retain the other conditions recommended by the
Planning Commission. Mr. Tucker asked that the language just deleted be kept, but just
delete the words "West Leigh" so that the staff can still require a site plan for any pump
station along the route. Mr. Lindstrom changed wording to: "Staff approval of site plan for
any pump station to include a landscape plan and facade treatment." Mr. Lindstrom suggested
adding a condition #5 stating: "Route approved is limited to the C & 0 (Chessie) alternate."
Mr. Fisher restated the motion to say that SP-83-20 is approved as recommended by the
Planning Commission with an amendment in Condition #2 substituting the word "any" for "West
Leigh" and adding Condition #5 stating: "Route approved is limited to the C & 0 (Chessie)
alternate" as shown on the map on display. This motion was then seconded by Mrs. Cooke.
Mr. Lindstrom said that the Board is constantly "putting out brush fires" and it concerns
him. It is certainly no secret how this Board feels about preservation of the South Fork
Rivanna watershed. It is no secret how the Comprehensive Plan is worded and the effort that
has gone into preservation of the watershed for the past few years. He cannot understand how
significant planning can be done assuming that a twenty-year plan will be reversed in twenty
years and that the Board will go along with another alternate. The plan originally presented
to this Board by the Planning Commission would surely "put nails in the coffin" of all of the
planning that the Board has done recently. He cannot understand why agencies that work for
the public cannot work more consistently with one another. This board of supervisors is the
only group of people at this meeting who are elected to represent the citizens. It does seem
that the policies this Board sets would filter through to these other agencies that serve the
public.
The Chairman called for a vote on the motion which passed by the following recorded vote:
AYES: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
NAYS: None.
210
June 8, 1983 (Regular Day Meeting)
(The conditions of approval are set out below:)
l)
2)
5)
County Engineer review and approval in accordance with the requirements
of Section 30.3 Flood Hazard Overlay District of the Zoning Ordinance;
Staff approval of site plan for any pump station to include a landscape
plan and facade treatment;
Watershed Management Official review of contractor specifications and
grading permit ~o be guided by construction Best Management Practices
as outlined by the Watershed Management Plan, Comprehensive Plan, and
State Water Control Board;
Approval of appropriate local, State and Federal agencies;
Route approved is limited to the C & 0 (Chessie) alternate.
Agenda Item No. 10.
of Sewage Sludges.
Rivanna Water and Sewer Authority - Application for Land Disposal
Mr. Agnor said a letter had been received from Mr. Ronald E. Conner, Regional Director
of the State Department of Health, dated May 24, 1983, in reference to this subject. A plan
for the land application of sewage sludge from the Moores Creek wastewater treatment plant
has been formulated by the Rivanna Water and Sewer Authority staff. This land application is
for stabilized sewage sludge to be applied to parcels of agricultural land in the County
under the supervision of the Rivanna Authority, and in accordance with Sewerage Regulations
adopted in 1977. The plan includes five separate parcels of land totalling 210 acres.
Additional sites will be submitted for approval at a future date. Mr. Agnor said the Board
has been notified of this matter because of recently enacted legislation (Section 32.1-164.2)
which requires ~hat the local governing body be given an opportunity to comment on the applicat:
Mr. Agnor said that a Comprehensive Sludge D~sposal Plan for the Rivanna Water and Sewer
Authority. has been forwarded to the State for approval. He asked Mr. Paul Shoop, member of
the Rivanna staff, to explain about the disposal procedures and the site selection.
Mr. Shoop said part of the overall design of the Moores Creek AWT Plant is what will be
done with sewage sludge. A plan for the ultimate disposal of municipally generated sewage
sludge on agriculture land has been presented to the State Health Department and the State
Water Control Board for approval. The intent of the plan is to calculate loading rates based
on several considerations. Because this area has a nominal amount of industrial waste, the
sites have been selected on the basis of nitrogen loading as to expected crop uptake. However,
in the South Fork Rivanna drainage basin, the loading rates have been set based on phosphorus
uptake of a particular crop.
Mr. Fisher asked how stream boundaries are protected; is there a setback? Mr. Shoop
said the Health Department requires a fifty foot setback from the edge of a stream.
Miss Nash asked how many farmers are involved in this program. Mr. Shoop said the
Rivanna Authority has been disposing of liquid sewage sludge for years. The majority of the.
property owners who were originally involved in the program have liked the benefits from the
use of the sludge. His office has received calls from farmers inquiring about the program;
but it has principally been through the grapevine.
Mr. Fisher asked the Watershed Management Official for comments. Mr. Norris said he has
read and reviewed the plan. It would seem appropriate that the setback presently in effect
in Albemarle County in the watershed areas be applied in this case. Also the plan specifically.
mentions just the South Fork Rivanna watershed, but should also apply to the Totier Creek
watershed. Mr. Norris said the application forms that are enclosed in the study seem thorough,
but the program relies heavily on the individual property owners doing what they say they
will do. The plan does not require any monitoring of application rates, so it is up to the
landowner to put the material where he says he will put it and at the proper rate.
Mr. Lindstrom asked if there is a substantial demand for this program in the South Fork
Rivanna Watershed. Mr. Shoop said there is a demand all over the County, but currently it is
not being used in the watershed.
Mr. Fisher said if the Watershed Management Official feels it is all right for such
application of sewage sludge within the watersheds with the reduced loading rates and~ with
the requirement for an additional setback, would the Board members like to make a formal
comment?
Mr. Lindstrom then made motion to offer the following comments relative to the Comprehensi~
Sludge Disposal Plan for the Rivanna Water and Sewer Authority, as prepared by the Rivanna
Water and Sewer Authority staff, dated October, 1982, and revised February, 1983:
l)
Any reference made in the report to the South Rivanna Reservoir, South
Rivanna Reservoir Drainage Basin, or South Rivanna Reservoir Watershed;
should be changed to read "Watershed of any water supply impoundment
located within Albemarle County".
2)
In the application form entitled "Land Use Requirements and Restrictions
For the Use of Composted Sludge On Agricultural Lands" (as illustrated
on page 9 of the above noted report), the following information should
be added:
a) Under APPLICATION, a paragraph lettered (D) should be added stating:
Sludge is prohibited in accordance with the Albemarle County Runoff
Control Ordinance, which states "Except as herein otherwise expressly
provided, it shall also be unlawful for any person to construct any
sewage disposal system any part of which lies within the limits
prescribed in this section, as follows: a) within two hundred hori-
zontal feet of the one hundred year flood plain of any impoundment;
or b) within one hundred horizontal feet of the edge of any tributary
stream." (Albemarle County Code Section 19.1-6(a)(2).
June 8 _1,8 _Re:-ul~ar Da~E Meeti__~
vote:
AYES:
NAYS:
b)
Under RATE OF APPLICATION, letter (D) should be changed to read as
follows:
"Application sites located within the watershed of any water supply
impoundment located within Albemarle County, must be in accordance
with Application regulation (D) above. Ail of the sites outside this
area must be located fifty feet from any surface water."
The foregoing motion was seconded by Miss Nash and carried by the following recorded
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
(Mr. Fisher left the meeting at 11:43 A.M.)
Agenda Item No. 11. Dance Hall Permit. Mr. Agnor noted letter dated May 21, 1983, from
Bruno C. Wehren, Director of Operations, Red River Rib Company, making application for a
dance hall permit and giving information relative to the request as required by the Albemarle
County Code. Attached to that letter are memorandums from the Fire Prevention Officer and
the Building Official stating that the building is in compliance with applicable laws. Mr.
Henley asked if there was any one present to speak. Ms. Coleen Keifer, Assistant Manager of
the Red River Co. said that the restaurant has received many requests from patrons asking for
a dancing area. Motion was immediately offered by Miss Nash, seconded by Mr. Lindstrom, to
approve this request for a dance hall permit for the Red River Rib Co.~ located at 1240
Seminole Trail, Charlottesville, Virginia, in accordance with Albemarle Code Section 3-12(b)(5)
Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Mr. Butler, Mrs. Cooke, Messrs. Henley, Lindstrom and Miss Nash.
None.
Mr. Fisher.
Agenda Item No. 12. Public Hearing: Community Development Block Grant (CDBG) -- Housing
Rehabilitation (Advertised in the Daily Progress on May 27, 1983).
Mr. Tucker gave the staff's report as follows:
INTRODUCTION AND PURPOSE
Albemarle County is one of three hundred and three localities in the State
eligible to apply for Community Development Block Grants (CDBG). As you
may be aware, Albemarle County applied for funding in 1982 and was ranked
twenty-fifth out of one hundred fifty applications. Of the total applications,
only twenty-two received funding. Albemarle County also submitted a regional
grant application, along with Fiuvanna, Lousia and Nelson Counties. This
application was ranked thirty-fifth out of the total of one hundred fifty
applications. Both projects were aimed at rehabilitating the existing housing
stock for low-to-moderate income persons.
Following discussion of potential CDBG projects by the Board of Supervisors
on February 9, 1983, the Board voted to support applications for CDBG funds
in the same manner as in 1982: $500,000 for the local application, and $200,000
for the regional application. While both projects are aimed at rehabilitating
existing housing stock, the emphasis of the local application is to benefit
the "neediest" families through a basic grant program. The regional application,
on the other hand, proposes to assist a slightly different group of low-to-moderate
income persons through a very low interest loan fund (grants would be utilized
where necessary to assist in securing financing). Rehabilitation monies for
Albemarle from both the local and regional application will be executed through
the Albemarle Housing Improvement Program (AHIP).
The local application is aimed at rehabilitating housing in three strategy
areas identified in the Comprehensive Plan 1982-2002. These areas are Old
Dominion-Esmont-Porters, Blenheim-Woodridge and Boonesville-Mount Fair. The
regional application proposes to assist families in the three other strategy
areas: Covesville-Alberene-North Garden, Dudley Mountain and Southwest
Mountain-Cismont-Keswick.
The local proposal contains the following facets:
1) Total request of $500,000 from CDBG funds;
2)
Fifty-five units to be rehabilitated:
- Twenty-five units in 01d Dominion-Esmont-Porters area~
- Twenty units in Blenheim-Woodbridge area;
- Ten units in Boonesville-Mount Fair area;
3)
Rehabilitation efforts are directed at major improvements (units without
plumbing and/or major structural problems which may be hazardous);
Average cost of rehabilitation is estimated at $i0,000 (this will vary
according to job);
5) $6,000 of rehabilitation cost will be provided by CDBG monies;
June 8, 1983 (Regular Day Meating)
6)
The remaining $4,000 of costs will be leveraged (increasing the value
of the grant monies by the utilization of similar and compatible monies,
i.e., local monies, volunteer efforts, family contribution, other grant
programs such as Farmers Home, Charlottesville Housing Foundation Loan
Fund, and weatherization monies from Region 10 Energy Conservation Program);
?)
The grant program will be administered by the Planning and Finance
Departments and executed by AHIP;
8) No new structure or organization will be needed to complete the project;
9) The grant period will run for twenty-four months.
Participation in the rehabilitation program will be limited to those families
who qualify according to Section 8 Income Standards, published by the Department
of Housing and Urban Development (HUD). The Section 8 standards vary according
to locality; Albemarle County's are provided below:
Household Size 1 2 3 4 ~ 6 7 8
Income Limit lZ~,~50 16,0--50 18,~50 20,T00 21,350 22,~00 23,~50 25,T00
Albemarle Housing Improvement Program currently utilizes these standards for
determining eligible families in their ongoing rehabilitation efforts.
The proposed gran~ program will rehabilitate, approximately fifty-five units
in the three strategy areas. The improvements should remove approximately
twenty-three percent of the homes identified in these areas from the substandard
list.
The grant has an excellent chance of being funded this year, as. last year's
winners are not eligible to reapply. Also, refinements to last year's proposal
should strengthen the County's application in several areas. The grant application
will be submitted in June and grant offers are targeted for early August."
(Mr. Fisher returned to the meeting at 11:48 A.M.)
Mr. Tucker said the regional application will be the subject of a public hearing at the
Board's June 15 meeting, but Mrs. Jane Saunier from the Planning District Commission is
present today and would like to have a few minutes at the end of this discussion to mention
the articles of incorporation and membership recommendations for an entity proposed to manage
the regional grant.
At this point, the public hearing was opened, Mr. Ken Ackerman from the Monticello Area
Community Action Agency spoke in support of the application. He said that his organization
did a community needs survey in 1981 and housing was identified as the second greatest need
in the area. The MACAA staff could help with a housing rehabilitation program in several
ways; a resource specialist on the staff could provide information to community groups and
individuals on the availability of the program resources. Also, potential applicants could
be contacted and referred directly to the program. Mr. Ackerman said he hopes the County is
successful in gaining these funds because housing can provide direct benefits to low and
moderate income people.
With no one else rising to speak, the public hearing was closed.
moved to adopt the following resolution:
Mr. Butler immediately
RESOLUTION OF AGREEMENT TO APPLY FOR VIRGINIA COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS TO BE USED BY THE COUNTY
OF ALBEMARLE FOR HOUSING REHABILITATION FOR LOW
AND MODERATE INCOME FAMILIES
WHEREAS, it is the purpose of local governments to create a climate which
encourages a wide range of adequate housing for its citizens; and
WHEREAS, Albemarle County has participated in programs and activities which
have broadened the choice of housing for its citizens, particularly those who have
less choice in the market place; and
WHEREAS, this jurisdiction has accepted a mutual obligation to share in the
development of assisted housing opportunities through participation in the Thomas
Jefferson Planning District Commission Areawide Housing Opportunity Plan (AHOP); and
WHEREAS, one of the goals of the Comprehensive Plan is rehabilitation of
existing housing stock which does not meet minimum standards of quality, health,
and safety;
NOW, THEREFORE, BE IT RESOLVED,, that we, the Albemarle County Board of
Supervisors on June 8, 1983 do hereby authorize the submission of an application
titled Housing Rehabilitation Strategy to the Virginia Department of Housing and
Community Development for $500,000 in Community Development Block Grant funds for
housing rehabilitation for low and moderate income families in the County; the
source of funds for the proposed project are $500,000 from Community Development
Block Grant, $200,033 from Albemarle County budget, $17,500 from Region 10 Energy
Conservation Program, $7,824 from Monticello Area Community Action Agency, $110,000
from Charlottesville Housing Foundation loan fund, and ~69,550 from family and
volunteer labor contribution; public hearings, duly advertised, have been held
to gain public input for the development of this proposal; and
BE IT FURTHER RESOLVED that we, the Albemarle County Board of Supervisors,
do hereby authorize the County Executive of Albemarle County to sign on behalf
of the County of Albemarle any necessary certifications and assurances relating
to the application as may be required by the Commonwealth of Virginia, subject
to the approval of the County Attorney.
.... ne ~81 LRe cular Da~ Meeti_~
The motion was seconded by Mr. Henley. Miss Nash said she did not realize the Board had
put 9200,000 in the County budget for this expenditure. Mr. Tucker said the money is a part
of the County's contribution to the Albemarle Housing Improvement Program. Mr. Keith Mabe
said this money is for a two-year period of time. An estimate had to be made of what the
Co~ty appropriation to the program might be. The $200,000 figure is about seventy-five
percent of the AHIP appropriation. Mr. Gary 01ivera said that there will be no additional
costs to the County from this program. This amount was projected as part of the current
operating funds which support AHIP. Roll was called on the motion which passed by the
following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Mrs. Jane Saunier was present to speak about the application for a regional CDBG appli-
cation which will be the subject of a public hearing before the Board on June 15, 1983. Mrs.
Saunier said that last year, one of the deficiencies noted was a lack of "readiness to go".
Therefore, the Thomas Jefferson Planning District Commission has prepared articles of incor-
poration and membership recommendations for the entity proposed to manage the regional grant.
This Thomas Jefferson Housing Improvement Corporation will be a twelve member board with
three members being appointed by each governing body (Albemarle, Fluvanna, Louisa and Nelson).
Mr. St. John has reviewed the proposed articles of incorporation and has recommended a couple
of changes. Mrs. Saunier said she is trying to get the Corporation into place, get board
members appointed, and call a meeting of same before the application deadline on July 1, 1983.
This board will need to look at the kinds of criteria to be used in making loans, the eligi-
bility of individuals, and the board also needs to set target and strategy areas. There are
also some additional resources which may be used for making loans if the region should not be
successful in obtaining this money. Mrs. Saunier said the members of the corporation will
not be wasting their time, nor will the members appointed to the board. Mrs. Saunier asked
if the Board could appoint a governmental representative this morning.
Mr. Fisher asked Mr. Agnor for a recommendation as to an apPointee. Mr. Agnor recommend~
that M~. Keith Mabe, Principal Planner, be appointed. Mr. Fisher said he was surprised; he
felt that Mr. Agnor would have recommended the Housing Coordinator. Mr. Agnor said that
later on today's agenda there is an item to adopt a revised pay plan for the County; one of
the reconur~endations in that plan will be to dissolve the existing Housing Office and change
the Planning Department to the Department of Planning and Community Development, thus absorbin
the housing function with the planning function. There will no longer be a housing coordin~
At this point, Mr. Lindstrom offered motion to appoint Mr. Keith Mabe as a County
representative on the Thomas Jefferson Housing Improvements Corporation Board. The motion
was seconded by Mr. Butler and carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Agenda Item No. 13. Set Public Hearing to Amend Service Areas of the Albemarle County
Service Authority to Conform to Revised Comprehensive Plan.
Mr. Fisher said he had requested that this item be placed on the agenda for discussion.
This came about following a discussion he had with the Planning Director. Last winter, the
Board adopted a revised Comprehensive Plan, and there were some changes made in the growth
areas in that plan. The Board has taken no action to change either the zoning or the service
areas to conform to the Comprehensive Plan. Adoption of a motion today will start the process
of preparing maps and having those raaps reviewed by the Planning Commission before returning
same for Board action. After a short discussion, motion was offered by Mr. Lindstrom to
direct the staff to advertise these amendments for a public hearing on July 13, 1983. The
motion was seconded by Miss Nash and carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Mr. Lindstrom asked if the Board should direct that amendments be prepared to the zoning
map itself to make same conform to the changes made in the Comprehensive Plan. Mr. Fisher
said he does not have any idea at this time what the implications of these changes would be.
Mr. Lindstrom said it might be a good idea to at least set a public hearing on amending the
zoning map so the Board can at least discuss the changes. Mr. Lindstrom then offered motion
to set a public hearing on an amendment to the Zoning Ordinance (Map) to also bring that into
conformance with the amendments recently made to the Comprehensive Plan. The motion was
seconded by Mr. Butler.
Mr. Fisher suggested that Mr. Lindstrom add to his motion that this item be heard on
August 3, 1983. Mr. Lindstrom added that to his motion. Mr. Butler accepted that amendment
to the motion. Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
At 12:08 P.M., the Board recessed for lunch, and reconvened at 1:31 P.M.
,214
June 8, 1983 (Regular Day Meeting)
Agenda Item No. 15. Request for Industrial Development Authority Bonds: Westbury
Hall.
Mr. Jim Murray, Chairman of the Industrial Development Authority, was present and
said he would like for the Board to defer today's discussion of the request for Westbury
Hall because of changes in the State law regarding Industrial Development Authority
procedures. As indicated to the Board recently, the new Federal law requires that a
public hearing be held on requests for bonds but did not specify exactly which body was to
hold the public hearing. The Virginia General Assembly has enacted legislation which will
become effective on July l, 1983, requiring the Authority to hold an advertised public
hearing. Mr. Murray said the Authority has been operating for the past six months on the
assumption that the governing body was to hold the public hearing. The Authority held a
hearing on the Westbury Hall request but the hearing was not legally advertised. Therefore,
if this request for Westbury Hall is not acted on before the new legislation goes into
effect on July l, 1983, then the Authority will have to advertise and rehear the request.
Mr. Murray said in conjunction with this request, the Industrial Development Authority
Ordinance must be amended to allow one additional bond issuance. Unless the Board schedules
a meeting before July l, 1983, to hear the amendment to the ordinance and receive the
Westbury Hall request, nothing else can be done today. Mr. Murray also noted that he has
attempted to maintain an unbiased approach to any requests brought to the Authority and is
not pushing this project on the Board. However, the Authority did approve the project on
the grounds that this is a facility for the elderly and is virtually identical to three
other projects which have been funded by the Authority. Therefore, the Authority did not
feel it could deny this request.
Mr. Fisher said perhaps some action could be taken today to schedule a public hearing
on an amendment to the ordinance and also hear the merits of the Westbury Hall proposal at
the same meeting.
Mr. Murray said in the past he has discussed with Mr. Fisher and Mrs. Hancock the
possibility of using a County staff member as clerical help for the Authority. Mr. Murray
said the workload has become great with reams of information being requested on various
bond issuances and his secretary cannot continue to handle this function. Mr. Fisher
asked Mr. Agnor to discuss this situation with Mr. Murray to see if a solution of the
problem can be found. Mr. St. John said he felt the County does have the responsibility
to provide some staff help to the Authority or there could be a disaster if proper records
are not kept.
Mr. Fisher then asked if there was any mechanism in the legislation creating the
Authority which allows the Authority to collect a fee for direct cost of services. Mr.
Murray said last week, the Authority adopted a resolution to amend the application form
for industrial bonding to inform applicants that expenses of counsel and associated
administrative expenses will have to be incurred by the applicant. Therefore, the clerical
help for Authority will not be a County expense.
The Board concluded the discussion and no action was taken at this time.
Agenda Item No. 18. Approval of Revisions to Pay/Classification Plan.
Mr. Agnor presented the following memorandum dated June 6, 1983 for the revisions to
the Pay and Classification Plan:
"In December, 1982, the Professional Group was employed to review the existing
employee classifications and salary ranges to determine if the plan accurately
reflects the County operations, and to recommend revisions to update the plan
and keep it competitive with comparable employers.
Attached is an explanation of the methodology used by the consultant in this
review, and the conclusions and recommendations (Copies of these attachments
are on file in the Clerk's Office.) The following summarizes the findings
and recommended revisions:
The plan is generally accurate and has been adequately maintained by
the staff through annual revisions.
Of 97 position titles, 18 are recommended for reclassification upward
by one or two grades, one is recommended for a five grade increase and
two are recommended for a one grade reduction. (These changes are as
follows: Clerk III, Real Estate Transfer Clerk, Clerical Supervisor,
Business License Examiner, Senior Business License Examiner-retitled
position, Deputy Director of Finance, Director of Finance, Programmer/
Analyst, Data Processing Manager-retitled Director of Data Processing,
Director of Engineering, Facilities Inspector I, Facilities Inspector II,
Deputy Zoning Administrator, Director of Inspections, Printer I, Director
of Parks and Recreation, Director of Social Services, Deputy Sheriff
Positions, and Deputy Animal Control Officer. Two positions reduced by
one grade are the Appraiser I and Appraiser II. The appraiser series
now includes a senior leVel position since the position of Supervisor
of Assessments has been eliminated.)
Six new position titles recommended to be added to the plan are
as follows: Supervisor of Administration, Printer II, Assistant
Director of Staff Services (this is not to be funded for 1983-84, but
kept in the plan for future needs), Office Manager-Social Services,
Senior Programmer/Analyst, and Chief Accountant.
June 8, 1983 (Regular Day Meeting)
The salary schedule was determined to be competitive, and the five
percent adjustment planned for July 1 in the FY 83-84 budget should
maintain the competitive position, and possibly provide a competitive
edge.
The current salary schedule format with six, five percent merit steps
and two longevity merit steps is recommended to be retained, with
the addition of a two and one-half percent merit step between each full
merit step to provide a two level merit plan instead of the single level
merit plan now being used. Currently a merit step of five percent is
awarde~nnually to an employee whose performance is determined to be
outstanding. A two level plan would provide a two and one-half percent
step to an employee whose performance is determined to be above average.
The revisions are recommended for adoption effective July 1.
Staff '~eVi'e~ '~ 'Rec'ommendations:
The department heads have studied the consultant's recommendations, and
generally concur in the revisions. On a departmental basis, the following
changes are recommended in the salary ranges proposed:
A. Finance
The new position of Chief Accountant proposed for a Range 19 should be a
Range 21. The position requires an applicant to be eligible for a
Certified Public Accounting Certificate, and a starting salary
effective July 1 of $18,661 (Range 19, Step A) is below the market for
such a position. A recent advertisement for applicants for this
position has proven the inadequacy of the salary range.
B. Data Processing
The new position of Senior Programmer/Analyst proposed for a
Range 21 should be Range 22 to provide a two range spread between a
Programmer/Analyst (Range 20) and the senior position. Other senior
positions have a two range seniority over the next lower position.
C. Inspec't'i'ons
1. The new position of Senior Facilities Inspector proposed for a
Range 18 should be Range 19 to provide a two range spread between the next
lower position of Facilities Inspector II.
2. Deputy Building Official proposed for Range 18 should be Range
20 to recognize the seniority over the Inspectors in the departments.
D. Parks and Recreation
!. The Director's proposed Range 27 should be reduced to Range 25
as the first increment of moving the position from Range 22 to Range 27.
The consultant's recommendation was for a five step adjustment over a two-
year period. A move to Range 27 can be considered next year in the annual
revision to the plan for Fiscal Year 1984-85.
2. The positions of Park Superintendent and Recreation Superintendent
proposed for Range 16 should be Range 18 to recognize the departmental
relationship between these two positions and the Director's position.
E. Planning
The Director of Planning has been retitled Director of Planning and
Community Development to recognize the functions of community development
assumed in the past several years by the Planning Department. These
functions include staff coordination of budget requests of human service
agencies, the Capital Improvement Program, and the Community Development
Block Grant program (CDBG). Effective July 1, it is proposed that the
staff of the Housing Coordinator be merged with the Community
Development Division of the Planning Department. The merger will
centralize the coordination of housing programs in the department where
the community development responsibilities are already assigned, and will
eliminate the part-time position of Housing Coordinator. These duties
will be assumed by the Chief of Community Development in the Planning and
Community Development Department. The merger will also result in a full-time
Executive Assistant on the County Executive's Staff, replacing the part-time
Administrative Assistant and Housing Coordinator. To recognize the merger
and the resulting increased staff of the Planning Department, it is
recommended that the Director of Planning and Community Development be
revised from Range 29 to Range 30.
~ne 8, 1983 (Regular Day Meeting)
F. Police Department
1. The job description of the position of Sheriff is recommended for
revision to include the duties of Chief of Police of the County Police
Department. (This does not include an increase in pay.)
2. A new position classification of Police Officer is recommended
with the same salary range (14) and job description as a Deputy
Sheriff. ~
Your approval of the consultant's proposed plan with the r~'visions
recommended by the staff is respectfully requested, with an effective date
upon adoption for new positions requiring June approval, and other revisions
taking effect July 1."
Mr. Fisher asked if there are sufficient funds already included in next year's budget
to cover the monies involved in this revision. Mr. Agnor said yes, with the exception Of
the Parks budget because the range changes in this department were not anticipated. He
noted that there are funds reserved in the personnel budget for merit increases
and that amount has never been fully utilized.
Without any further discussion, motion was offered by Mr. Henley, seconded by Mr.
Lindstrom, to approve the revisions in the Pay/Classification Plan as explained (entitled
"Personnel Management System" by the Professional Group, Richmond, Virginia) and recommended
by Mr. Agnor in the foregoing memorandum with the effective date of the revisiOns being
July l, 1983, except the new position classification for the Police Officers being effective
this date. Roll was called on the motion and same carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Agenda Item No. 16. Public Hearing: Agricultural/Forestal District Ordinances.
(Advertised in the Daily Progress on May 24 and May 31, 1983.)
At the Board meeting on June 1, 1983, the County Attorney was requested to redraft the
parent ordinance creating the Agricultural and Forestal Districts in order to eliminate the
right to all subdivisions of property in these districts not just those subdivisions as
defined in the Subdivision Ordinance. Mr. St. John said this has been done and noted the
following wording "and other than a subdivision having a minimum lot size of 21 acres or a
maximum density of one dwelling unit per 21 acres" has been inserted to alleviate concerns
expressed at the June I meeting.
Mr. Henley said he will support the ordinance as it is presently worded if the provision
regarding the rental of more than one dwelling unit on any parcel only applies to new
construction and not existing rental units. Mr. St. John said the intent is for new construct~
and existing rental units would be grandfathered under new legislation. With that understandir
Mr. Henley said he would accept the contents of the ordinance.
Mr. Fisher asked if there were any additional staff comments before the public hearing
was opened. Mr. Robert W. Tucker, Jr., Director of Planning, was present and noted that
since the public hearing on April 20, 1983, Mr. John Morris has requested that this property
containing 211 acres, which meets the criteria of the Agricultural and Forestal District,
be added to the district. Mr. Tucker also noted that some of the property owned by Mr.
Guenther Hawranke which is within the Scottsville growth area in the Comprehensive Plan has
been recommended by the Planning Commission to be deleted from the Agricultural,/ Forestal
District.
The public hearing was then opened. Mrs. Peggy Van Yahres was present and noted that
the average person will be confused with the reference to sections contained in the ordinance
and not really understand the intent of the ordinance. She asked for an explanation of
what the term "more intensive use" really means. Mr. St. John said the term means any
subdivision, or any division of land, except for a subdivision into lot sizes of twenty-one
acres or more, or the building and occupancy of dwellings on land that is not to be divided.
Mr. Lindstrom said he intended that the only subdivisions which would be permitted in
this district would be those with parcels larger than twenty-one acres or those for family
divisions. Mr. Lindstrom said he still questions whether the language .actually prohibited
any subdivision other than a subdivision having a minimum lot size of 21 acres. Any
subdivision of land is a more intensive use as defined in Section 18-2 of the Subdivision
Ordinance. If the ordinance did not refer to Section 18-2 then he would not question the
wording. Mr. St. John suggested deleting the clause "any subdivision of land as defined in
Section 18-2 of the County Code" in the last paragraph of the ordinance and adding the
words "any division of land" in its place. Mr. St. John said that would allow family
divisions and densities of more than twenty-one acres. Mr. Lindstrom was satisfied with
that suggestion.
Mrs. Van Yahres asked if rental units were built for farm employees and then found not
to be needed for that purpose if the units could be rented. Mr. St. John said once a unit
is built for an employee and has been occupied as such, he did not feel the Board could
require approval if the unit is then rented to someone outside of the farming operation.
(Miss Nash left the n~eting at 2:26 P.M.)
)n
Juu~ 8~ 198~ (ReMular Day Meeting)
217
Mrs. Van Yahres said when a similar ordinance was adopted in Greene County, it was not
made effective for thirty days in order that the property owners in the district could have
time to withdraw their application if so desired. She was concerned because this ordinance
does not contain such a provision. Mr. Fisher asked the timetable involved for the adoption
of this ordinance. Mr Tucker said June 30 is the deadline on this first Agricultural/Forestal
District Application. Mr. Tucker suggested that the parent ordinance be adopted today and
that the ordinance actually creating the two districts be adopted at a later date. Mr.
Henley asked how many property owners would have to be notified. Mrs. Van Yahres said
there are about fifteen. Mr. Tucker said a letter could be sent to the property owners
giving a deadline and if there is no response, then it can be assumed that the property
owners are agreeable to the provisions in the ordinance. Mr. Fisher agreed with this
suggestion.
Mr. Lindstrom said he has some concern that a district might be adopted and then an
individual change his mind after the adoption. Therefore, he preferred an extra meeting be
scheduled at the end of June on the ordinance creating the districts. Mr.'~Fisher suggested
June 29, 1983, as the date for the adoption of the ordinance creating the districts.
Mrs. Van Yahres said another concern is that the ordinance does not contain the exact
amount of time the ordinance will be in effect. The Board has the authority to set the
time for a minimum of four years up to a maximum of eight years. Mr. St. John said he did
not see any requirement in the legislation for setting a time to review the ordinance.
However, inserting~a date would be all right. He then read Section 15.1-15Il(E) of the
State Code regarding the review of the districts created and noted that if there is no date
inserted, then the local governing body would be under the mandate of the Code to review at
any time from four to eight years after the adoption of this ordinance. If there is-no
review or any modification of the district, then the district would continue as originally
constituted. Mrs. Van Yahres felt a time period should be included in order that a landowner
could withdraw his property from the district in the future. Mr. Lindstrom asked if the
ordinance terminates, if there is not a review. Mr. St. John did not feel the Code provides
the Board with the right to state that after a certain period of time, the ordinance will
automatically expire.~ However, any owner can apply to withdraw his property by filing a
written notice of termination with the local governing body and after a hearing where
reasonable cause is shown, the governing body may allow the withdrawal.
Mr. Fisher said he felt this discussion should have been handled at a committee level
rather in public session. He felt the Board is ready to adopt the parent ordinance and
schedule the ordinance creating the specific districts for a meeting on June 29, 1983. He
said Mrs. Van Yahres should meet with Mr. St. John to work out her specific concerns. Mr.
Lindstrom suggested that the answers to the questions be submitted at the Board's meeting
on June 15, 1983.
With no one else present to speak for or against adoption of the ordinances, the
public hearing was closed.
Mr. Henley then offered motion to adopt the following ordinance creating the Ag
and Forestal Districts. Mr. Lindstrom suggested that the wording as suggested by Mr. St.
John regarding division of land be deleted and the words "any condominium development with
a maximum density of more than one dwelling unit per 21 acres" be added in the last paragraph
between "21 acres" and "or". Mr. Henley accepted that amendment to his motion for adoption.
Mr. Lindstrom seconded the motion and same carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley and Lindstrom.
None.
Miss Nash.
AN ORDINANCE CONCERNING THE CREATION OF
AGRICULTURAL AND FORESTAL DISTRICTS
BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia,
as follows:
1. That the Board may, by ordinance, from time to time, create one or
more agricultural and forestal districts within the County in accordance with
the Virginia Agricultural and Forestal Districts Act (Title 15.1, Chapter 36
of the Code of ~irginia (1950), as amended).
2. That the procedure for and the consequences of the creation of such
districts shall be as set forth in the said Act.
3. That the Director of Planning shall cause to be prepared application
forms conforming to the sample form set forth in Virginia Code Section !5.1-1509E,
and shall thereafter maintain in his office for use by eligible landowners a
reasonable number of copies of such forms.
4. Each application for creation of an agricultural and forestal district
shall consist of the completed application forms as set forth hereinabove,
together with all required maps, and shall be submitted to the Planning
Commission, at the office of the Director of Planning, in twenty copies.
5. Each such application shall be accompanied by a fee of fifty dollars.
June 8, 1983 (Regular Day Meeting)
6. As a condition for approval of any proposed agricultural and forestal
district pursuant to this ordinance, any parcel in the proposed district shall
not be developed to a more intensive use during the period which said parcel
remains within the proposed district without the prior approval of the Board.
For purposes of this ordinance, the term "more intensive use" shall include
any use which is not permitted by right in the Rural Areas (RA) zoning district;
any division of land other than a subdivision which is required to be reviewed
pursuant to Section 18-57'of the County Code, and other than a subdivision
having a minimum lot size of twenty-one acres; or any condominium development
with a maximum density of more than one dwelling unit per twenty-one acres;
and the rental of more than one dwelling unit on any parcel, other than
dwelling units occupied by members of the immediate family or any of the owners
of such parcel or by bona fide farm employees, together with their respective
families, if any.
Motion was then offered by Mr. Lindstrom, seconded by Mr. Henley, to defer action on
An Ordinance Creating Two Agricultural and Forestal Districts to June 29, 1983. Roll was
called and the motion carried by the following recorded vote:
AYES: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley and Lindstrom.
NAYS: None.~
ABSENT: Miss Nash.
(Mr. Henley left the meting at 2:47 P.M.)
Agenda Item No. 23. Other Matters Not on the Agenda.
Mrs. Cooke said a problem in the Carrsbrook area concerning the shooting of cats with
pellet guns has been brought to her attention. Mrs. Cooke asked if there is an ordinance ~
prohibiting the use of pellet guns in residential areas. Mr. St. John said there are laws
against cruelty to animals and if the person can be found there are laws against such
crimes.
Mr. Agnor said each summer the Board cancels a meeting in order to have a vacation.
If this is to be done~this year, action is needed in order to schedule zoning items. After
a brief discussion, motion was offered by Mr. Lindstrom, seconded by Mrs. Cooke, to cancel
the August 17, 1983, meeting. Roll was called and the motion carried by the following
recorded vote:
AYES:
NAYS:
ABSENT:
Mr. Butler, Mrs. Cooke, Messrs. Fisher and Lindstrom.
None.
Mr. Henley and Miss Nash.
Mr. Fisher then distribUted a copy of the following statements and requested that both'~
be inserted in the minutes of this meeting. Motion to incorporate the following statement~
into the minutes was offered by Mr. Lindstrom, seconded by Mrs. Cooke, and carried by the
following recorded vote:
AYES: Mr. Butler, Mrs. Cooke, Messrs. Fisher and Lindstrom.
NAYS: None.
ABSENT: Mr. Henley and Miss Nash.
Let the minutes reflect that on May 23, 1983, four members of the Board
accepted an invitation to meet with certain officials of the University of
Virginia in executive meeting, at the offices of the Charlottesville-Albemarle
Chamber of Commerce, at which those officials informed the Board members of the
University's interest in possible acquisition of real property in the County,
for public purpose. Those Board members attending were Mrs. Cooke, Miss Nash,
Mr. Butler and Mr. Fisher. The County Executive, Mr. Agnor, was also present.
No action was taken.
Let the minutes reflect that on May 25, 1983, five members of the Board
of Supervisors attended a news conference scheduled and conducted by officials
of the University of Virginia in the County Office Building, at which those
officials made public the University's plans to pursue funding for the
establishment of the National Electron Accelerator Laboratory at a location
near the Charlottesville-Albemarle Airport in Albemarle County. Those Board
members attending were Mrs. Cooke, Miss Nash, Mr. Butler, Mr. Fisher and Mr.
Lindstrom. The County Executive was also present. No action was taken.
Mr. Fisher then asked Mr. Agnor to arrange a meeting of the City/County Consolidation Co~
review staff reports on consolidation of the City and County Social Services Departments and t!
City and County Inspections Departments.
At 2:57 P.M., the Board recessed and reconvened at 3:06 P.M.
Lttee to
June 8~ 1985 (Regular Day Meeting)
Agenda Item No. 19. Appeal: Wendell Wood Commercial Area Site Plan. (Site Plan of
Parcel B located on U. S. Route 29 about 0.8 Mi. North of the North Riganna River, Rivanna
District for Wendell W. Wood, drawn by R. O. Snow & R. W. Ray, Inc., dated April 16, 1983)
Mr. Fisher said he had requested that this site plan be reviewed since the Planning
Commission's approval regarding entrances for this plan differed from the recommendations
of the staff. This is the last large parcel of undeveloped commercially-zoned property on
Route 29 North and there has been some concern about the development of same. He then
asked Mr. Tucker to summarize the site plan.
Mr. Tucker referred to three different recommendations for this site~pla~;~on~ £rom
the applicant, one from the staff, and one as approved by the Planning Commission. Mr.
Tucker pointed out Austin Drive which is the main access into the General Electric property
and is to also be an entrance for this commercial site. Mr. Tucker said there are about
ten acres of commercial land between the end of this project and Camelot Drive which is not
included in this proposal. (Miss Nash returned to the meeting at 3:ll P.M.)
Mr. Tucker said this property lies in the area for public water a'nd sewer service, but
sewer capacity is not available in the Camelot Treatment Plant at this time. Mr. Tucker
said a letter was received from a representative of General Electric expressing concern
that the Austin Drive entrance may be used before Austin Drive is taken into the State
Secondary System. Mr. Tucker said the Planning Commission required that Austin Drive be
taken into the State System before any grading or construction begins on Parcel A of' this
site plan. Therefore, that concern has been alleviated. Another concern of General Electric
was the screening for this project. General Electric has gone to considerable expense to
provide a good landscaping plan for their property. The applicant is proposing a good
screening plan and is being required to have the landscaping done upon the completion of
grading in each area. There will be a bond held to assure that this is done. Mr. Tucker
also noted that this plan is for a long-range project and it is hoped that when the project
is finally completed, the trees planted will be mature enough to provide adequate screening
from surrounding properties.
Mr. Tucker then summarized the staff recommendations for the entrances as follows:
1. The direct access on the Parcel "A" site plan should be deleted because
of its proximity to the Austin Drive intersection. Although this proposed
entrance meets the requirements of the ordinance (500 feet from the crossover),
the staff feels that some turning movement problems might occur. The access
noted from Austin Drive should adequately serve this parcel. (Mr. Tucker
said the Site Plan section of the Zoning Ordinance and the Route 29
North Corridor Study recommendations indicate that any entrance must be
located at least 500 feet from a crossover and this meets that requirement.)
2. The direct access proposed on the Parcel "C" plan should also be deleted
for two reasons. First, the Highway Department has commented that plans have
been developed for Route 29 North which will alter the grades on the entrance
proposed at Parcel "C". The Department is recommending that the applicant
grade this entrance to its ultimate slope to prevent a slope in excess of
15 percent when the Highway Department does this road work on Route 29 North,
or that this entrance be deleted. The applicant's objection to this
recommendation is that no timetable has been set for this road work and
regrading this entrance will be detrimental to the site. This road work
was supposed to have been a part of the project on the bridge over the North
Fork Rivanna, but was deleted due to a lack of highway funds.
Second, the staff recommends deletion of this proposed entrance because
when Briarwood Drive is constructed it should serve this part of the project
adequately. The staff is recommending that Briarwood Drive be constructed
from Route 29 North to the end of the commercial area to serve either
Parcel "B" or "C", whichever develops first.
3. The staff recommends that the direct access on Parcel "B" be retained
as proposed by the applicant. This includes the 200 foot turn lane and 200
foot taper as proposed.
4. The staff does not feel that construction of a third lane with curb
and gutter along the entire frontage of the property is justified if the
above recommendations are accepted. But, the applicant has provided
for the grading of the third lane on the site plan.
Mr. Tucker then summarized the conditions recommended by the staff regarding the
entrances:
lg.
Virginia Department of Highways and Transportation approval of commercial
entrances at Parcel "B" and Briarwood Drive, including turn lanes,
both northbound and southbound, where applicable;
lh.
Delete the entrances on Parcels "A" and "C" shown d'irectly onto Route
29 North (southbound lane).
June 8, 1983 (Regular Day Meeting)
Mr. Tucker said the Planning Commission at its meeting on May 24, 1983, recommended
the following conditions for the entrances which differed from the staff:
lg.
Virginia Department of Highways and Transportation approval of commercial
entrances on Parcels "A" and "B" and Briarwood Drive, including the northbound
turn lane at Briarwood Drive, and full third lane designed for a rural
section from Austin Drive to Briarwood Drive inclusive;
lh. Delete the entrance on Parcel "C" shown directly onto Route 29 North
(southbound lane).
12. Austin Drive, from Route 29 to its intersection with Briarwood Drive, shall
be accepted into the State Secondary System prior to any grading or
construction on Parcel "A".
Mr. Tucker then continued summarizing the conditions of the Planning Commission. Mr.-~
Lindstrom said since this is a long range project but the grading will be done early in the
project, is there anything other than Soil Erosion Ordinance requirements proposed to
stabilize the soil in the area. Mr. Tucker said the Soil Erosion Ordinance provides for
seeding the area after grading. Mr. Lindstrom said that would allow the parcel to remain
the same for eighteen months without any improvements. Mr. Tucker said a bond is required
with the grading permit so that the landscaping will be done when the grading is completed.~
(condition #4 as recommended by the Planning Commission). Mr. Fisher asked how long such a
bond can be held. Mr. Tucker said if construction is not begun within eighteen months of
approval, the site plan expires. Mr. Fisher asked what happens to the performance bond at
that time. Mr. Tucker said the performance bond does not expire with the site plan.
Mr. Tucker then continuedwith the conditions recommended by the Planning Commission.
He noted that this is strip commercial and the proposed reverse frontage, interior access
roads are preferred by the staff rather than having individual entrances directly off of
Route 29. Mr. Tucker noted that the applicant is proposing that the dirt from the grading
of this property be used for improvements to the bridge on the southbound lane of the North
Fork Rivanna River.
Mr. Fisher asked about the sewage being pumped up hill to Camelot Treatment Plant.
Mr. Tucker said the sewer lines~are above the elevation of the buildings so there will'be
pumping up to the line and then gravity feed down to the Camelot Plant. The Albemarle
County Service Authority does not want the responsibility for individual pumps at individual
buildings.
Mr. Fisher then asked for comments from the Highway Department regarding the entrance
requirements of the Planning Commission. Mr. Bryon Coburn, Assistant Resident Highway
Engineer, was present. He said the recommendations of the Route 29 Corridor Study are to
be followed wherever possible. The Planning Commission did approve the entrance between
Briarwood and Austin Drive with a full third lane which is a requirement of the study.
Basically, the Highway Department does not have any objections to the Planning Commission's
conditions.
Mr. Fisher then asked for comments from the public. Mr. Wendell Wood, applicant, was
present and said he preferred to keep the entrance south of Briarwood but understood the
concerns of the Highway Department regarding the future grading of Route 29. Mr. Wood said
the entrance from Austin Drive is desired because this makes the project economically
feasible. He also noted that the third lane requirement will be built with reluctance.
Mr. Wood said the entrances are not that close and the plan contains almost a mile of road
frontage. In conclusion, Mr. Wood said he hoped that the Board did not change the Planning
Commission's conditions.
Mr. Fisher noted that only a portion of Parcel C has been included in this site plan.
He felt future development on this parcel will require a connector road with this site plan
and he did not see any provision for that. Mr. Wood said that is the intent even though it
is not shown on the site plan. Mr. Tucker said when another phase of this plan is brought
in for approval, that can be required and if this property is subdivided, then access
easements could be provided.
Next to speak was Mrs. Joan Chapman, a resident of Briarwood. She said the distance
between Briarwood and Route 29 North is very short and did not feel a shopping center in
this particular area is in the best interest of the residents. She did not feel the residents
of Briarwood and Camelot should have to suffer from the noise and other nuisance items
related to a shopping center. She noted that the back of her lot is located on the curve
where Sections A and B meet. Mrs. Chapman said the property is not wide enough for a
shopping center. Mr. Fisher noted that this land was zoned for commercial use before
Briarwood was zoned for residential use. The issue before the Board today is not whether a
shopping center can be built on the property but what is the best plan, particularly access
from Route 29 North.
Mr. Fisher then asked Mr. Coburn if the roads in Briarwood meet Highway Department
standards. Mr. Coburn said Austin Drive can be taken into the State system once the final
paving takes place. The preliminary plans for Briarwood Drive have been reviewed and are
acceptable as far as the grading is concerned. Mr. Coburn said the property is steep and
it was recognized from the beginning that the property would be difficult to work with.
Mr. Fisher asked what the elevation of the buildings would be when the road grading is
done. Mr. Roger Ray, land surveyor for the applicant, was present and said the buildings
will be closer to the grading of Route 29 North. Mr. Ray said the buildings are ten to
twenty feet higher than the elevation of the existing Route 29 southbound lane. Mr. Wood
noted that a person looking out of a Briarwood home would lOok over the top of this commercial
property.
June 8, 1983 (Regular Day Meeting)
22 i
Mr. Lindstrom asked how the banks will be stabilized since it appears that some may be
forty feet tall. Mr. Tucker said the banks cannot exceed a two to one slope and that slope
can be easily stabilized with white pines. He said the requirements of the Soil Erosion
Ordinance will be met not only from the vegetation and stabilization requirements but slope
requirements as well.
Mr. Maynard Elrod, County Engineer, was present and briefly summarized the requirements
of the Site Development Plan. He noted that if there is any drainage toward the slopes,
the developer will construct a berm ditch at the top of the slope to drain the water off
the side. He also noted that condition 5 of the Planning Commission is intended to handle
the stabilization of the banks and other disturbed areas. Mr. Tucker also noted that the
manner in which the 'soil erosion will be handled has to be shown on the grad!mhE permit.
Mr. Elrod said the Soil Erosion Ordinance requires that the disturbed areas be seeded
within sixty days after an area is disturbed.
Mr. Fisher said with the review of the plan and the reverse frontage planned for
access to the buildings, he is satisfied with the Planning Commission's approval. Since
the Highway Department does not have any problem with the recommendations, and unless there
is a change desired by the Board, the action of the Planning Commission on May 24, 1983,
will stand. No requests for changes were offered by the Board.
Agenda Item No. 24. Other Matters Not Listed on the Agenda.
Mr. Fisher said Mr. St. John has brought to his attention that since the Board will be
meetng on June 29, 1983, to consider the ordinance for an Agricultural and Forestal District,
the Industrial Development Authority request could be handled at that time. A brief dis
followed on whether to amend the Industrial Development Authority Ordinance to allow an
unlimited number of bond issuances. Mr. St. John said this would need to be handled separatel
from the Westbury Hall proposal. He also felt that the only control the Board currently
has on bonds is the type of facilities and the number of bond issuances. Therefore, he did
not feel the Board would desire that control eliminated.
Mr. Lindstrom then offered motion to advertise for public hearing on June 29, 1983, an
ordinance to amend Section 2-52 of the Industrial Development Authority to increase the
number of bond issuances from eight to nine and to hear the Westbury Hall proposal if the
applicant and the Authority are ready at that time. Miss Nash seconded the motion and same
carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Mr. Butler, Mrs. Cooke, Messrs. Fisher and Lindstrom and Miss Nash.
None.
Mr. Henley.
Mr. ~Tucker then noted that the Planning Commission has recommended that some property
owned by F. Pierson Scott which is to be us'ed by the Town of Scottsville for the borrow
area for the levee be deleted from the Agricultural and Forestal District. Mr. Fisherm said
that should be discussed on June 29, 1983, when the ordinance is considered.
Mr. Agnor noted that the Scottsviile Precinct Change Committee report has been received.
He asked Miss Nash how she wished this report handled. Miss Nash said the Committee would
like to present the report and the Electoral Board feels they should also be present since
they initiated the precinct change. Mr. Fisher suggested that this report be presented on
June 15, 1983. Mr. Agnor saidboth groups would be notified of that date.
Agenda Item No. 25. At 3:53 P.M., without any further business to come before the
Board, the meeting was adjourned.