Loading...
HomeMy WebLinkAbout1982-05-12May 12, 1982 '(Regular Day Meeting) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on May 12, 1982, at 9:00 A.M., in Meeting Room #7 of the County Office Building, 401 McIntire Road, Charlottesville, Virginia. BOARD MEMBERS PRESENT: Mr. James R. Butler, Mrs. Patricia H. Cooke (arrived at 9:06 A.M.), Mr. Gerald E. Fisher, Mr. J. T. Henley, Jr., Mr. C. Timothy Lindstrom (arrived at 9:03 A.M.), and Miss Ellen V. Nash. OFFICERS PRESENT: County Attorney. Mr. Guy B. Agnor, Jr., County Executive and Mr. George R. St. John, Agenda Item No. i. Call To Order. Board Chairman Gerald E. Fisher. The meeting was called to order at 9:05 A.M., by NOT DOCKETED. Mr. Agnor introduced Mr. Maynard Elrod to the Board, as the new County Engineer. Mr. Agnor stated that Mr. Elrod started work at the beginning of May, and this was his first opportunity to meet the Board of Supervisors. Mr. Agnor then noted that Mr. J. Ashley Williams, Acting County Engineer, was also present, and said that Mr. Williams would be leaving Albemarle County for a position in Richmond. Mr. Fisher wished both Mr. Elrod and Mr. Williams his best in their new endeavors. Agenda Item No. 2. Consent Agenda. Mr. Agnor presented a ten item consent agenda for the Board,s approval, noting the addition of one item to the list received by Board members in their tentative agenda package; that being a request to take roads in Rivan- wood, Section I, into the State secondary system. Motion was offered by Mr. Henley, seconded by Mr. Lindstrom, to approve and adopt the consent agenda as presented and recommended by the County Executive. 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. Item No. 2.1. Lottery Permit. Lottery permit request was received from the Charlot- tesville Business and Professional Woman's Club for games on March 25-28, 1982. This permit was approved in accordance with the Board's adopted rules and regulations for the issuance of such permits. item No. 2.2 Statements of expenses for the Director of Finance, Sheriff, Common- wealth's Attorney and Regional Jail for the month of April, 1982, were presented; said statements were approved as presented. Item No. 2.3. Statement of expenses incurred in the maintenance and operation of the Regional Jail for the month of April, 1982, was presented along with summary statement of prisoner days, statement of jail physician and salaries of paramedics and classification officer; said statements being approved as presented. Item No. 2.4. A letter was received from Mr. George H. Gilliam, trustee for the Walker Land Trust, dated April 8, 1982, requesting that roads in Rivanwood subdivision be taken into the State Secondary System of Highways. In accordance with Mr. Gilliam's request, the following resolution was adopted: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the Virginia Department of Highways and Transportation be and is hereby requested to accept into the Secondary System of Highways, subject to final inspection and approval by the Resident Highway Department, the following roads in Section 1, in Rivanwood. Beginning at station 9+93 of Rivanwood Drive, a point common to the edge of pavement of State Route 676 and the centerline of Rivanwood Drive; thence with Rivanwood Drive in a northeasterly direction 1,114.64 feet to station 21+07.64, a cul-de-sac and the end of Rivanwood Drive. Beginning at station 9+90 of Harrison Drive~, a point common to the edge of pavement of station 15+98.99 of Rivanwood Drive and the centerline of Harrison Drive; thence with Harrison Drive in a southeasterly direction 705.05 feet to station 16+95.05, a cul-de-sac and the end of Harrison Drive. BE IT FURTHER RESOLVED that the Virginia Department of Highways and Transportation be and is hereby guaranteed a 40 foot unobstructed right of way and drainage easements along these requested additions as recorded by plats in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 669, page 437. 2010 May 12, 1982 (Regular Day Meeting) Item No. 2.5. Letter re: 1982-83 Construction Allocations for the Secondary System. A letter dated April 30, 1982, was received from Mr. Harold C. King, Highway Commissioner, regarding the 1982-83 Secondary System construction allocations which were compiled in accordance with the 1982 Appropriations Act. Item No. 2.6. Letter re: Sharing of Ivy Landfill Road Cost by State. A letter dated April 30, 1982, was received from Mr. A. S. Brown, State Secondary Roads Engineer, regarding Revenue Sharing matching funds for the fiscal year 1981-82 in the amount of $150,000 toward project 0637-002-169, C501, the Ivy Landfill Road. Item No. 2.7. Letter re: Water and Sewer Master Plan. A letter dated May 5, 1982, was received from Mr. J. W. Brent, Executive Director of the Albemarle County Service Authority, regarding the engagement of the firm of C. E. Maguire, Inc. for the development of a comprehensive master plan for the expansion of the Authority's water distribution and sewer collector systems. Item No. 2.8. Report of the Department of Social Services for the month of February, 1982, was presented in accordance with Virginia Code Section 63.1-52. Item No. 2.9. Report of the County Executive for the month of April, 1982, 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 April, 1982, were also presented as information: Commonwealth of Virginia Current Credit Account General Fund School Fund Capital Improvements Fund Textbook Fund Joint Security Complex Fund Town of Scottsville 1% Local Sales Tax Federal Revenue Sharing Fund Grant Projects Fund Mental Health Fund $ 126,677.57 761,815.01 2,203,839.87 56,048.51 901.59 80,242.04 316.18 2,428.50 2,227.22 242~860.23 $3~477~356.72 Item No. 2.10. Letter re: Public Utilities. A letter dated May 10, 1982, was received from the Virginia Electric and Power Company noting application filed for an increase in rates before the State Corporation Commission; (Case No. PUE 820018) on which a hearing will be held on July 12, 1982, at 10:00 A.M. in Richmond. Agenda Item No. 3. Approval of Minutes. Messrs. Henley, Lindstrom and Fisher reported that they did not read their assigned minutes of September 9, October 7, October 14 and November 11, 1981. Miss Nash stated that she read the minutes of November 4, 1981, and noted one cor- rection, that being on page 433, under Agenda Item No. 3 regarding the Industrial Develop- ment Authority. Miss Nash requested the abbreviation "Ltd." be written out in full "Limited", to be consistent with similar references within the paragraph. Miss Nash also reported having read the minutes of November 13, November 18 (after- noon), November 18 (night), November 19 and December 2, 1981; with no additions or correc- tions necessary. Mrs. Cooke reported having read the minutes of March 22, 1982, with no additions or corrections necessary. Motion was then offered by Mr. Lindstrom, seconded by Miss Nash, to approve the minutes of November 4, November 13, November 18 (afternoon), November 18 (night), November 19, December 2, 1981 and March 22, 1982 with the correction as noted. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. NAYS: None. Agenda Item No. 4a. Highway Matters: Closing of a portion of State Route 768. (Deferred from April 14, 1982.) Mr. Daniel S. Roosevelt, Resident Engineer for the Virginia Department of Highways and Transportation, said he received a telephone call from an assistant City Attorney, who informed him that City Council had directed the City Department of Parks and Recreation to apply for a permit from the Virginia Department of Highways and Transportation for an entrance. It seems that City Council does not feel that this section of State Route 768 should be abandoned or discontinued. Mr. Fisher noted that no one from the City was present regarding this matter, and suggested deferring discussion on this agenda item until later in the meeting. May 12, 1982 (Regular Day Meeting) Agenda Item No. Route 743. Highway Matters: Discussion of resolution from School Board on The following resolution adopted by the School Board on April 12, 1982, was presented to the Board as information pertaining to construction which is to take place on Hydraulic Road in the near future: BE IT RESOLVED by the Albemarle County School Board as follows: The School Board has received a letter dated December 2, 1981, from D. S. Roosevelt, Resident Engineer, Commonwealth of Virginia, Department of Highways and Transportation, concerning Highway Project 0743-002-153,C501, Hydraulic Road, Albemarle County, Virginia, which affects the School Board's Albemarle High School property. The School Board also has received a copy of Project 0743-002-153,C-501, Plan Sheets No. 9 (as revised 10/21/80, 11/17/80, 2/9/81, 2/13/81 and 5/12/'81), No. 10 (as revised 10/21/80, 11/17/80, 2/9/81, 2/13/81, 3/4/81, 3/20/81 and 8/12/81), and No. 10-B (as revised 2/9/81, 2/13/81, 3/4/81, 3/20/81 and 8/12/81), hereafter the "Plans", which indicate the right-of-way and improvements which will be constructed on the Albemarle County School Board property. The School Board agrees in principle to dedicate the right-of-way as shown on the Plans to the Depart- ment of Highways and Transportation without compensation for land or damages, provided the Department of Highways and Transportation does the following: The Plans indicate replacement parking which will be constructed by the Highway Department within the current right-of-way of State Route 657 (Lambs Road). The Plans also indicate the triangular area bounded by existing Lambs Road, relocated Lambs Road, and Hydraulic Road will be cleared, grubbed and properly seeded. Where possible, any hardwoods located within the triangular area referred to above will be preserved. The area between Hydraulic Road and the Albemarle High School parking lot will be properly landscaped. The area in question is also bounded by the Hydraulic Road entrance to the school and the relocated intersection of Lambs Road and Hydraulic Road. The "grass area" between the roadway and the parking lot will be approximately 14 feet to 16 feet wide and be on a 2-1 slope. This will place the parking lot some 3-5 feet below the roadway and may present some difficulty in mowing the slope. Therefore, once the construction project is completed, the Highway Department will plant a "hedge-type" material in this area, preferably a Hetz Blue Juniper. Once established, maintenance of the hedge will be the responsibility of the School Board. Finally, upon completion of the Project, the Highway De- partment will transfer the triangular parcel shown on the Plans and the property under existing Lambs Road to the School Board. Mr. Roosevelt said this resolution is the result of correspondence between the School Board and the Highway Department. Mr. Roosevelt said rather than a financial settlement for land taken for the Hydraulic Road improvement project, the School Board preferred to have the Highway Department restore da. mages incurred during the construction phase; hence the above resolution. Mr. George St. John said the Board did not need to take any action on this resolution at this time. Mr. Roosevelt ~aid a condemnation certificate has been filed so the Highway Department may legally enter the property, but that actual transfer of the property will not take place until the project is completed. Mr. St. John said only when the property is ready to be transferred to the Highway Department will the Board of Supervisors need to take action. Agenda Item No. 4d. Highway Matters: Other Matters. Mr. J. Ashley Williams, Acting County Engineer, was present to report on progress in obtaining easements for the George- town Road Walkway along with Mr. Jim Nunnally, an independent appraiser, who was employed at the April 14, meeting to make appraisals. Mr. Nunnally said he has done a preliminary study of this project area and estimates $8,000 for the easements including damages (i.e. shrubs etc.). Mr. Nunnally said damages or replacement of shrubs should not be included in construction costs but rather in purchase of the easement. Mr. Nunnally said if a flat fee is paid for damages, then the property owner can decide whether he wishes to replace any landscaping removed for the walkway; if this is included in construction costs, then the County would replace those shrubs and be liable at a later date should any of those plants die. Mr. Nunnally said he would charge the County approximately $2,000 for con- tacting property owners and obtaining easements. Mr. Nunnally said he would try to obtain signatures on all the easements which are needed, but if no signature is obtained, then'a certificate of condemnation would have to be~ filed. Mr. Nunnally said the County would have to obtain the land under State Code Section 15.1-238 since no public hearing has been held on this project. Mr. St. Joh~ said there is another method for taking the easement, but it leaves the opportunity for property owners to contest which would require court action rather than simply a thirty day waiting period. Mr. Lindstrom said ~he would like to see the project handled so all property owners are treated equally, not have some property donated and other land purchased at full value. Mr.'Nunnally said $10,000 should purchase all of the easements and~pay~his fee. Mr. Williams stated that a $10,000 fee for purchase of easements would bring the total project estimate to $57,000. Motion was then offered by Mr. Lindstrom to authorize Mr. Nunnally to proceed with contacting property owners along the west side of Georgetown Road to obtain the easements necessary for construction of the walkway, and that the County Attorney's office draw the necessary easements. The motion was seconded by Miss Nash and carried by the following recorded vote: AYES: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. NAYS: None. 202 May 12, 1982 (Regular Day Meeting) Agenda Item No. 4b. Highway Matters: Public Hearing: Pursuant to the Code of Virginia, Sections 33.1-155 and 33.1-157, notice is hereby given that the Board of Super- visors of Albemarle County, Virginia, will consider abandoning a portion of State Route 652 in Fieldbrook Subdivision. (Advertised in the Daily Progress on April 28 and May 5, 1982.) Mr. William S. Roudabush was present, representing Mr. Joseph W. Richmond. Mr. Roudabush said this two part request was scheduled for public hearing today, but that he has been informed that no action can be taken at this time due to advertising requirements as specified in State Code Section 33.1-157. Mr. Dan Roosevelt of the Highway Department said the portion of road which is only platted (and not constructed in any way) does not concern the Highway Department; however, the Highway Department would not like to see the existing section of road abandoned (under State Code Section 33.1-155) until there is a new section of road constructed to replace it. Mr. Roudabush said he would like to see the matter handled in two parts so that the process can be accomplished as quickly as possible. Miss Lettie E. Neher, Clerk, stated that due to Section 33.1-157 abandonment of the portion of road which is only platted and has never been constructed has been advertised for the June 9, 1982, Board meeting in order to meet the thirty day advertisement requirement stated in that Code section. She indicated that notices have been placed along the road and at the County Courthouse as also required in that State Code section. Mr. Roudabush said that the new section of Route 652 which is being constructed to replace the existing section of Route 652, will not be completed for quite a long time. Mr. Fisher suggested that the public hearing be held since a portion of this request was advertised for this meeting. No one from the public was present wishing to speak either for or against this petition, and Mr. Fisher declared the public hearing closed. At the suggestion of Mr. St. John, motion was offered by Mr. Lindstrom, seconded by Miss Nash, to defer action to the June 9, 1982, meeting of the Board. 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. Agenda Item No. 4d. Other Highway Matters: Mrs. Cooke thanked Mr. Roosevelt for placing signs on Huntington Road as she had requested. Mr. Henley said there are still quite a few "chuck holes" on the County roads which needed to be filled, specifically on Route 810. Mr. Lindstrom asked if the Highway Department had cleaned up the litter problem on the road near Red Brook Farm. Mr. Roosevelt said it was dirty this morning, but did not know if this was new litter, or if his crew had never cleaned the original problem. Mr. Roosevelt said he would follow up on this matter. Mr. Fisher requested repairs to Edgemont Road which goes up Observatory Mountain stating that in some spots the pavement is only four feet wide. Agenda Item No. 4a. Closing of a portion of State Route 768. Mr. Fisher noted that Mr. Eugene German Director of Parks for the City of Charlottesville was still not present, so Mr. Fisher recommended this item be deferred until the June 9, 1982, regular day meeting. NOT DOCKETED. Mr. Lindsay G. Dorrier, Jr., Albemarle County Commonwealth Attorney, was present, and introduced two students visiting for Youth in Government Day. Mr. Fisher requested Board members to change the date of the meeting scheduled between the Board of Supervisors and members of the Annexation and Revenue Sharing Nego- tiating Committee, set for May 20, 1982, to May 24 at 2:00 P.M. in the Albemarle County Office Building. Mr. Fisher said he also wished to remind the Board about the meeting between the Board of Supervisors and the Rivanna Water and Sewer Authority regarding the Buck Mountain Creek Reservoir set for May 13, 1982. Mr. Fisher asked Mr. St. John if the Board should adjourn to May 13th in order to hold a legal meeting. Mr. St. John said if the Board of Supervisors will be discussing public business, he would advise adjourning, to that date Mr. Fisher requested Board members to reserve May 19, 1982, at 5:30 P.M., as a time for an executive session to discuss legal matters resulting from the upcoming referendum on annexation and revenue sharing. Mr. Agnor introduced Pearl Quarles and Kathy Simmons, students visiting for Youth in Government Day. Mr. Agnor also introduced Miss Ellie Bishop of the Extension Service, who coordinated the Youth in Government activities. May 12, 1982 (Regular D'ay Meeting) Agenda Item No. 4e. Highway Matters: Appeal: Talbotts Gasoline Sales and Automobile Laundry Site Plan. (Site Plan for Retail Gasoline Sales and Automobile Laundry Facilities, U.S. Route 29 and Berkmar Drive, prepared by W. S. Roudabush, Inc., dated March 10, 1982 and revised April 9, 1982. Tax Map 61U, Parcels 01-15 and 01-16.) Mr. Robert W. Tucker, Jr., Director of Planning, was present and stated he has received a request from Mr. William S. Roubabush to withdraw this site plan request. Mr. Tucker said that he did not have anything in writing and would therefore recommend deferral until the June 9, 1982, regular day meeting. Mr. Roudabush was present and stated that he was representing Mr. Talbott in this matter. Mr. Roudabush said Mr. Talbott had taken every precaution in planning this gasoline sales and auto laundry facility on the proposed site. Mr. Roudabush said that in order to meet the entrance requirements set by the Highway Department, Mr. Talbott. optioned another adjacent lot which would then share an entrance with an adjoining business. Mr. Roudabush said Mr. Talbott had agreed to a turn~ng lane across the entire frontage of the property as well as a number of other smaller concessions in order to develop this site. Mr. Roudabush said Mr. Talbott felt that this appeal would bring additional canditions, and since Mr. Talbott was already unhappy having to share an entrance to this site, he has decided to withdraw the site plan at this time. Mr. James R. Skove, member of the Albemarle County Planning Commission, who appealed the approval of this site plan (NOTE: Mr. Skove's letter dated April 21, 1982, addressed to Mr. Robert W. Tucker, Jr., Director of the Albemarle County Department of Planning, is on file in the office of the Clerk to the Board of Supervisors.) was present, and said he had nothing further to add to his letter. Mr. Fisher asked if this item should be deferred until a formal letter of withdrawal is received from Mr. Talbott. Mr. St. John advised that since this withdrawal request has been received from Mr. Roudabush, an authorized representative for Mr. Talbott, at a public meeting, a written letter is not necessary. Mr. Tucker said that Mr. Talbott had also requested subdivision of this property and that plat should also be withdrawn at this time. Mr. Roudabush said he would also request withdrawal of the subdivision plat entitled "Berkmar, Lots 15A and 16A, Revised Final Plat" which was approved by the Planning Commission on April 20, 1982. (Tax Map 61U, Parcels 01-15 and 01-16.) Motion was offered by Mr. Lindstrom to accept the withdrawal of the site plan and subdivision plat for Talbotts Gasoline Sales and Automobile Laundry, per the request of Mr. William S. Roudabush, agent for Mr. Talbott. 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. 5. Senior Citizen Passes to County Parks. Mr. Agnor noted receipt of a letter from Mr. Eston B. Stephenson, dated May 3, 1982, wherein Mr. Stephenson requests that the County consider providing all senior citizen residents of Albemarle County with life time free entrance passes to Mint Springs and Chris Greene Lake Parks. Mr. Agnor said Mr. Stephenson's letter was forwarded to Mr. Patrick K. Mullaney, Director of the Parks and Recreation Department, who responded with the following memorandum dated May 7, 1982: "Nearly all of the State and Federal Parks that we contacted have some type of special provision for senior citizens. We have determined that the age for senior c.itizens varies from agency to agency. It is my personal feeling that reduced rates should be based on "ability to pay" as opposed to age and we are hoping to work with our County Social Services Department, as we have in the past, to determine reduced season pass rates for families qualifying for their programs. However, in keeping with other State and local agencies and recognizing that most of the senior citizens that we deal with have relatively low incomes, it may be wise to offer some type of special consideration for senior citizens. In doing this at the present time with the new season upon us and a com- pletely new entry procedure to work with, our main concern is to eliminate as much confusion as possible for our cashiers and for our customers as they arrive at the park. For this reason we would like the Board's appro- val to proceed with one of the following two options: 1. That senior citizens (62 and over) be issued season passes. These passes would be issued only at the Parks and Recreation Department office after proper verification of age is presented. These passes would not be issued at the park site. Senior citizens who do not possess this pass will pay the regular park entry fee. We do not feel that this would result in a significant loss in revenue, because we do not have that many seniors currently using the park facilities. This option would be the easiest one for us to administer; or 2. Senior citizens will be admitted to the parks at the current reduced children's ra~es~ To qualify for these rates the person involved must possess a senior discount identification card (available from JABA for residents of Planning District 10 over sixty years of age) which they must present to the cashier on duty at the park. The reason we would like to use children's rates for this service is that otherwise we would have six different rates being charged at the front gate. If after our first year's experience we find that we can handle the traffic flow on busy days without too much problem, then we could change these rates if they prove to be unsatisfactory." 2::04 May 12, 1982 (Regular Day Meeting) Mr. Fisher said he felt most of the elderly would prefer to visit the parks during the week when there is less of a crowd. Mr. Fisher said he felt the first recommendation in Mr. Mullaney's memorandum was a good idea, but felt a policy such as this should be regularly reviewed, since the number of retiring persons is constantly increasing. He felt the statement about basing free passes on the ability to pay, rather than age, has merit and should be considered for use in the future. Mr. Butler commented that he felt a free pass policy for the elderly was a good idea. Miss Nash said that most of the parks surveyed by Mr. Mullaney were swimming facilities, and she doubted that many elderly utilized such facilities in great numbers; she supported this suggestion. Motion was then offered by Mr. Butler to accept as a new policy for the Parks and Recreation Department, Mr. Mullaney's recommendation one, which reads: "That ~senior citizens (62 and over) be issued free season passes. These passes would be issued only at the Parks and Recreation Department Office after proper verification of age is presented. These passes would not be issued at the park site. Senior citizens who do not possess this pass will pay the regular park entry fee." Mr. Agnor asked if any time limit was wished for this policy. Mr. Fisher said he would like to see this policy enacted for one year, at the end of which the policy can be reviewed and changed if necessary. Mr. Butler said he would accept the one year limitation to his motion. The motion was seconded by Miss Nash and carried by the following recorded vote: AYES: NAYS: Mr. Butler, Mrs. Cooke, Mr. Fisher, Mr. Henley, Mr. Lindstrom and Miss Nash. None. (NOTE: At 10:14 A.M., Miss Nash left the meeting.) Agenda Item No. 6. Literary Fund Loan Applications (3). Mr. Agnor presented a request from the Albemarle County School Board for three literary fund loan applications on the following projects. 1. Henley Middle School - Replacement of the roof, $250,000. Jouett Middle School - Replacement of the roof and the one-story high walls, $555,500. 3. Walton Middle School - Replacement ~0f the roof, $250,000. Mr. Agnor noted that these three items have been included in the five year budget for capital expenditures. Mr. Agnor said the reason for these loan applications coming to the Board before the capital budget is to meet deadlines for submitting the applications to the State. Mr. Agnor said the capital budget has been reviewed by the Planning Commission, and all three of the above requests have been recommended for inclusion in this program. Mr. Agnor said if the Board of Supervisors wished to authorize the applications, resolutions must be adopted. Mr. Fisher said he was extremely unhappy with having to replace the roofs of these three buildings so soon after construction and at such a high cost to the County. Mr. Agnor said these three schools are only a few of the many structures in this area built with a flat roof, which all having the same problem of leaking. Mr. Agnor said several of the buildings owned by the University of Virginia are having similar problems. Mr. St. John said his office has been investigating this problem, and stated that one of the school building roofs is still under warranty. Mr. St. John said the roofing material used on these structures has failed and that it is a nationwide problem. Mr. St. John said the State Attorney General is looking into the possibility of a class action suit against the manufacturers of the roofing materials, but that the County cannot wait for that suit to be decided, the roofs must be replaced as soon as possible. Mr. St. John described the problem with the roofing material and noted that the "Clerk of the Works" who supervised the construction of Walton School recommended not accepting the roof work at the time of completion. Mr. St. John added that the architect for that project did accept the work and the County was bound by the architect's acceptance. Mr. Butler asked if using literary funds for these projects would take away from future funding of other necessary school construction projects. Mr. Agnor said it has been the policy to use literary funds when available for a project, because it is less costly to borrow literary fund money at three percent interest, rather than defer the project until county funds are available. Mr. Fisher said these requests have been received as high priorities from the School Board because water leakage is damaging the structures and their contents as well as creating a fire hazard through the electrical systems. Mrs. Cooke said she would like some assurance that the repair work will be more satisfactory than the original installation. Mr. Agnor said that when the roof of the Joint Security Complex was replaced, an architect specializing in roofs was hired not only to design the new roof, but to actually supervise the construction of the new roof. Mr. Agnor said he would be glad to speak with Dr. Gutierrez and discuss the procedure used at the Joint Security Complex. Mr. Fisher felt that Mr. Agnor's suggestion to speak with Dr. Gutierrez should be carried out. Motion was then offered by Mr. Lindstrom to adopt the following three resolutions authorizing the Albemarle County School Board to apply for literary fund loans in the total amount of $1,055,500 and to recommend that money used from these loans permanently correct the leakage problem of the roofs. May 12, 1982 (Regular Day Meeting) WHEREAS, The School Board for the County of Albemarle, on the 30th day of April, 1982, presented to this Board, an application addressed to the state Board of Education of Virginia for the purpose of borrowing from the Literary Fund $250,000 for adding to or improving the present school building at Henley Middle School, to be paid in twenty annual installments, and the interest thereon at three per cent paid annually. RESOLVED, That the application of the County School Board to the State Board of Education of Virginia for a loan of $250,000 from the Literary Fund is hereby approved, and authority is hereby granted the said County School Board to borrow the said amount.for the purpose set out in said iapplication. The Board of Supervisors for said County will each year during the life of this loan, at the time they fix the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. WHEREAS, The School Board for the County of Albemarle, on the 30th day of April, 1982, presented to this Board, an application addresse6 to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $555,500 for improving the present school building at Jack Jouett , to be paid in twenty annual installments, and the interest thereon at three per cent paid annually. RESOLVED, That the application of the County School Board to the State Board of Education of Virginia for a loan of $555,500 from the Literary Fund is hereby approved, and authority is hereby granted the said County School Board to borrow the said amount for the purpose set out in said application. The Board of Supervisors for said County will each year during the life of this loan, at the time they fix the~regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. vote: AYES: NAYS: ABSENT: (NOTE: WHEREAS, The School Board for the County of Albemarle, on the 30th day of April, 1982, presented to this Board, an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $250,000 for adding to or improving the present school building at Walton , to be pai.d in twenty annual installments, and the interest thereon at three per cent paid annually. RESOLVED, That the application of the County School Board to the State Board of Education of Virginia for a loan of $250,000~from the~ Literary Fund is hereby approved, and authority is hereby granted the said County School Board to borrow the said amount for the purpose set out in said application. The Board of Supervisors for said County will each year during the life of this loan, at the time they fix the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. The foregoing motion was seconded by Mrs. Cooke and carried by the following recorded Mr. Butler, Mrs. Cooke, Mr. Fisher, Mr. Henley. and Mr. Lindstrom. None. Miss Nash. Miss Nash returned to the meeting at 10:32 A.M.) Agenda Item No. 7. Renewal of Community Attention Home Contract. Mr. Agnor explained that this contract is renewed with the City of Charlottesville on a yearly basis and that the wording in this contract is identical with prior years except for the areas regarding the rate of payment. Mr. Agnor said this contract sets the rate at that "being equal to the Title XX reimbursement rate as available to the Social Services Department clients". Mr. Agnor stated that although the wording is different, the method of payment is the same. Motion was then offered by Mr. Lindstrom, seconded by Mrs. Cooke, to approve the new Community Attention Home contract and authorize the Chairman of the Board of Supervisors to sign same. The contract reads as follows: THIS AGREEMENT, made and entered into this 12th day of May, 1982, between the CITY OF CHARLOTTESVILLE, party of the first part, and the COUNTY OF ALBEMARLE, party of the second part. W I T NE S S E TH: In consideration of the mutual benefits set forth in this agreement, the City of Charlottesville and the County of Albemarle agree as follows: 205 May 12, 1982 (Regular Day Meeting) AYES: NAYS: The City of Charlottesville operates the Community Attention resi- dential programs. Children from the County of Albemarle participate in these programs. The County of Albemarle agrees to pay to the City of Charlottesville for each child who resides within the jurisdictional boundaries of the County of Albemarle, who participates in a Community Attention program and whose custody has not been awarded to a social service agency that fee which is determined by the Virginia Department of Welfare, Title XX Division. (This is the same fee that the County of Albemarle Department of Social Services pays for each child residing within the jurisdictional boundaries of the County of Albemarle who participates in a Community Attention program whose custody has been awarded to that department.) The amount to be paid shall be pro-rated on a daily basis for each fraction of a month that each child participates in any Community Attention program. Payment shall be due the City of Charlottesville on the 20th day of each month for services provided during the prior month. Payment shall be made payable to the City of Charlottesville and mailed to Community Attention, P.O. Box 155, Charlottesville, Virginia, 22902 or delivered to the Community Attention office at 416 East Main Street, Charlottesville, Virginia. The City of Charlottesville agrees to provide room and board; family and personal adjustment counseling; recreation; transportation; educational and vocational training coordination; and medical services for each child from the County of Albemarle who participates in the Community Attention programs. The cost of any medical services not normally covered by the program shall be the responsibility of the parents or legal guardians of the child with the understanding that prior authorization is necessary for planned special medical expenses. This agreement shall be in effect from July 1, 1981, through June 30, 1982 and for each subsequent fiscal year until terminated by either party. It may be terminated by either party at any time, provided written notice is given to the other party at least 30 days in advance. Roll was called and the foregoing motion carried by the following recorded vote: Mr. Butler, Mrs. Cooke, Mr. Fisher, Mr. Henley, Mr. Lindstrom and Miss Nash. None. Agenda Item No. 8. Resolution for Litter Control funds for CAC2. Mr. Agnor noted that each year the State allocates funds to localities for litter control programs. Each locality in turn must adopt a resolution in support of such a program and indicate the name of the organization in charge of the litter control program. Mr. Agnor noted that in the 1982-83 fiscal year, Albemarle County has been granted $6,463 for the program to be administered by the Charlottesville/Albemarle Clean Community Commission. Mr. Fisher then explained the duties of the Clean Community Commission to Mrs. Cooke and Mr. Butler, who were not familiar with the organization. After a short discussion in which it was suggested that CAC3 present a yearly report of their activities at the next Board meeting, motion was offered by Mrs. Cooke to adopt the following resolution: WHEREAS the Board of Supervisors of Albemarle County, Virginia, recognizes the existence of a litter problem within the boundaries of Albemarle County; and WHEREAS the Virginia Litter Control Act of 1976 provides, through the Department of Conservation and Economic Development, Division of Litter Control, for the allocation of public funds in the form of grants for the purpose of enhancing local litter control programs; and WHEREAS having reviewed and considered the regulations and the appli- cation covering administration and use of said funds BE IT RESOLVED that the Board of Supervisors of Albemarle County: Hereby endorses and supports such a program for Albemarle County; and Hereby expresses the intent to combine with the City of Charlottesville in a mutually agreed upon and cooperative program, contingent on approval of the application by the Department of Conservation and Economic Develop- ment, Division of Litter Control, and contingent on receipt of funds; and Hereby authorizes the Charlottesville-Albemarle Clean Community Commission to plan and budget for a cooperative litter control program, which shall represent said program for all localities named in this re- solution; and Further authorizes the Charlottesville-Albemarle Clean Community Commission to apply on behalf of all of the above named localities for a grant, and to be responsible for the administration, implementation, and completion of the program as it is descirbed in the attached Application Form LC-G-i; and Further accepts responsibility jointly with Charlottesville-Albemarle Clean Community Commission and the City of Charlottesville for all phases of the program; and May 12, 1982 (Regular Da~ Meeting) 207 Further accepts liability for~its pro rata share of any funds not properly used or accounted for pursuant to the regulations and the appli- cation; and That said funds, when received, will be transferred immediately to Charlottesville-Albemarle Clean Community Commission and all funds will be used in the Cooperative Program to which we give our endorsement and support. Hereby requests the Department of ConserVation and Economic Develop- ment, Division of Litter Control, to consider and approve the application and program, said program being in accord with regulations governing use and expenditure of said funds. The motion was seconded by Mr. Butler and carried by the following recorded vote: AYES: NAYS: Mr. Butler, Mrs. Cooke, Mr. Fisher, Mr. Henley, Mr. Lindstrom and Miss Nash. None. Agenda Item No. 9. Deed: Greenwood Community Center. Mr. St. John presented the following deed to the Board, stating that in his opinion it is in order and ready for acceptance. Motion was offered by Mr. Lindstrom to authorize the Chairman to sign the deed accepting the Greenwood Community Center, as follows: THIS DEED OF GIFT, made this 28th day of April, 1982, by and between GREENWOOD COMMUNITY CENTER, a Virginia non-stock corporation, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, Grantee, WI TNE S SETH: That for and in consideration of the agreement of the County of Albemarle, Virginia, that it will continue, for so long as it deems it to be reasonably practical, to operate the property now owned by Grantor for the recreation, training and education of the citizens of the County, more particularly those of the Greenwood community, and to maintain the improve- ments thereon as a memorial to its citizens who have served in the Armed Forces of the United States and especially those who made the supreme sacrifice, and the said Grantor doth hereby GIVE, GRANT and CONVEY unto the County of Albemarle, Virginia, all that certain tract of land with improve- ments thereon, situated near Greenwood Depot in Albemarle County, Virginia, containing 18.4 acres, more or less, according to plat and survey by Hugh F. Simms & Son, attached to and made a part of a deed from John Ed Young, a widower, to Grantor, dated June 6, 1945, of record in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 284, page 185, and being in all respects the same land which was conveyed unto Grantor by the aforesaid deed of John Ed Young. Also conveyed hereby are the exclusive use of~well and the permanent~ easements for a water line and its maintenance over adjoining property which were reserved in conveyance to Kenneth C. Vorce, Jr. and~Susan H. Vorce by deed of Grantor dated September 6, 1979, of record in the afore- said Clerk's Office in Deed Book 680, page 761. IN WITNESS WHEREOF, Greenwood Community Center, a Virginia non-stock corporation, having no members entitled to vote, has caused this deed to be signed by its duly authorized officer in accordance with the Resolution duly adopted by a majority of the Directors in office at a duly constituted meeting of the Directors. The motion was seconded by Mr. Butler. Mr. Fisher noted that a misspelling was present in his name on this document, and he wished to have same corrected. Roll was then called and the motion carried by the following recorded vote:- AYES: NAYS: Mr. Butler, Mrs. Cooke, Mr. Fisher, Mr. Henley, Mr. Lindstrom and Miss Nash. None. Agenda Item No. 12a. Appropriation: Charlottesville/Albemarle Rescue Squad. Mr. Agnor noted receipt of the following request from Mr. Ray B. Jones, Director of Finance, dated April 30, 1982: "On August 12, 1981, you entered into an agreement with the Charlottes- ville/Albemarle Rescue Squad to advance $78,000 to be reimbursed over a ten-year period. The appropriation was to be made when needed at a later date. The Squad has taken bids'on the station facilities and wishes to draw down on the advance as the contract progresses with the first draw down anti- cipated in May, 1982. an appropriation from the Capital Improvement Fund to Code 9700-7060.13 in the amount of $78,000, as an advance to the Char- lottesville/Albemarle Rescue Squad per the agreement dated August 12, 1981, is needed." Motion was offered by Mr. Lindstrom, seconded by Mrs. Cooke, to adopt the following resolution: 2O8 May 12, 1982 (Regular Day Meeting) BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $78,000 be, and the same hereby is, appropri~ated from the Capital Improvement Fund and Coded to 9700-7060.13 for an Advance to the Charlottesville/Albemarle Rescue Squad per an agreement dated August 12, 1981. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Butler, Mrs. Cooke, Mr. Fisher, Mr. Henley, Mr. Lindstrom and Miss Nash. None. Agenda Item No. 12b. Appropriation: Special Election. Mr. Agn0r read a memorandum from Mr. Ray Jones, Director of Finance, .dated April 30, 1982, requesting an appropriation in the amount of $12,275 to cover an itemized list of costs relative to the special election on the annexation and revenue sharing agreement to be held on May 18, 1982. Motion was offered by Mr. Lindstrom, seconded by Miss Nash, to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $12,275.00 be, and the same hereby is, appropriated from the General Fund and Coded to the following codes for the special election on the annexation and revenue sharing agreement to be held on May 18, 1982: Code Item Amount 1302-1C10 Election Officials $ 7,200 1302-3006 Printing Ballots 300 1302-3007 Advertising 210 1502-3099 Miscellaneous Contracted Services 3,465 1302-5201 Postage 100 1302-5203 Telephones 900 1302-5504 Travel-Officials 100 $12,275 Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Butler, Mrs. Cooke, Mr. Fisher, Mr. Henley, Mr. Lindstrom and Miss Nash. None. Agenda Item No. 12c. Appropriation: Voting Machines. Mr. Agnor read a memorandum from Mr. Ray Jones, Director of Finance, dated April 30, 1982, requesting an appropriation in the amount of $13,600 to purchase four voting machines costing $3,400 each. Mr. Agnor noted that the number of voting machines required by the State Board of Elections and the State Code is based on the current population. Mr. Agnor said in order for the machines to arrive in time for the general elections in November, the machines must be ordered now. Motion was offered by Mr. Lindstrom, seconded by Miss Nash, to adopt the following resolution BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $13,600.00 be, and the same hereby is, appropriated from the General Fund and Coded to 9700-7060.77 for purchase of four voting machines. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Butler, Mrs. Cooke, Mr. Fisher, Mr. Henley, Mr. Lindstrom and Miss Nash. NAYS: None. Agenda Item No. 12d. Appropriation: School Energy Projects. Mr. Agnor noted that the request to use grant proceeds in the amount of $69,000 for energy projects was received in a memorandum from Mr. Ray B. Jones, Director of Finance, dated April 30, 1982. Mr. Agnor said the local share of this project was appropriated at the March 10, 1982, Board meeting and grant proceeds received since that date have been deposited in the Capital Improvement Fund. Motion was offered by Mr. Lindstrom, seconded by Mrs. Cooke, to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $69,000.00 be, and the same hereby is, appropriated from the Capital Improvement Fund and Coded to 19.33 for Energy Projects (Grant No. DE FG43 81R320039). Roll was called and the motion carried by the following recorded vote: AYES: Mrs. Cooke, Mr. Fisher, Mr] Henley, Mr. Lindstrom and Miss Nash. NAYS: None. ABSENT: Mr. Butler (left the meeting at 10:50 A.M.) May 12, 1982 (Regular Day Meeting~) Agenda Item No. 12e. Appropriation: Education. Mr. Agnor read the following memorandum from Mr. Ray Jones, Director of Finance, dated May 7, 1982: : "In a memorandum received from Dr. J. William Barton, Assistant Super- intendent for Finance/Business Management, dated April 29, 1982, he requests several capital improvement appropriations. Separate action from this memorandum is being requested on the Literary Fund applications. However, the appropriation for Jouett, Henley and Walton are for plans and specifi- cations on the same projects. As you probably know, all three of these projects are for roof replacements plus repairing of the walls at Jouett. The appropriation requested for the $1 million is on Phase III of Albemarle High School. Per Dr. Barton's memo, a Literary Fund loan of $1 million is to be the source of funding on this project. A previous appropriation of $50,000 for plans and specifications was made on this project. It is requested that the Board make the following appropriations from the Capital Improvement Fund Balance: 19.19C Albemarle High School -- Phase III $ 950,000 ~:~ii~9.34 Jouett School -- Roof and Wall Repairs 24~000 19.35 Henley School -- Roof Repairs 20,000 19.36 Walton School -- Roof Repairs 20~000 $1,014,000 As proceed~of the various Literary Fund loans are received, the monies ~ac~ into the Capital Improvement Fund for other appropriations on approved Capital projects. 0nly the project for the Albemarle High School PHase III renovations had been considered by the Board as a specific project in previous Capital .Improvement budgets. However, it is understood that a faulty roof will probably result in further structural damage." Mr. Fisher asked the students visiting-for Youth In Government Day about the renova- tions to Albemarle High School. One student said the heating and cooling system ~is uneven, leaving some classrooms cold and others very.hot. The same student also commented that other renovations to Albemarle High School are very nice and were badly needed. Motion was offered by Mr. Lindstrom, seconded by Mrs. Cooke to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $1,014,000.00 be, and the same hereby is, appropriated from the Capital Zmprovement Fund and Coded as follows: 19.19C Albemarle High School -- Phase III $950,000 19.34 Jouett School -- Repairs 24,000 19.35 Henley School -- Repairs 20,000 19.36 Walton School -- Repairs 20,000 Roll was called and the motion carried by the following recorded vote: AYES: NAYS: ABSENT: Mrs. Cooke, Mr. Fisher, Mr. Henley, Mr. Lindstrom and Miss Nash. None. Mr. Butler. Agenda Item No. 13. Authorize Chairman to vote for County at Annual NACo Meeting. Motion was offered by Mrs. Cooke, seconded by Miss Nash, to authorize Mr. Gerald E. Fisher to vote for Albemarle County, Virginia, at the NACo Annual Meeting, July 10 through July 14, 1982. Roll was called and the motion carried by the following recorded vote: AYES: Mrs. Cooke, Mr. Fisher, Mr. Henley, Mr. Lindstrom and Miss Nash. NAYS: None. ABSENT: Mr. Butler. Agenda Item No. 10. At 11:00 A.M., motion was offered by Mr. Lindstrom, seconded by Miss Nash to adjourn into executive session for the purpose of discussing the request by the Town of Scottsville to purchase property at the old Scottsville School (originally discussed at the April.14, 1982 Board of Supervisors meeting); the Board of Zoning Appeals decision on the "borrow pit" for the Scottsville levee, and summation on the Caleb StoWe/ UVB suit recently decided. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: ABSENT: Mrs. Cooke, Mr. Fisher, Mr. Henley, Mr. Lindstrom and Miss Nash. None. Mr. Butler. The Board reconvened back into open session at 2:10 P.M. Mr. Butler was present at this time. May 12, 1982 (R~gular Day Meeting) Agenda Item No. 11. A.H.I.P. Quarterly Report. The Third Quarter Report of Fiscal Year 1981-82 for the Albemarle Housing Improvement Program, Inc., was presented by Mr. Gary Oliveria. Mr. Oliveria said the HUD Bloc Grant money for this fiscal year will be spent by the end of this quarter, and that the County Planning Department is in the process of aiding AHIP in applying to the Department of Housing and Urban Development for a new Bloc Grant. Mr. 01iveria then presented slides showing the home rehabilitation projects completed during this quarter. Agenda Item No. 14. Clarification of Albemarle County Service Authority Service Areas. Mr. Tucker summarized the discussion from the April 21, 1982, meeting and then presented a map indicating all parcels which currently abut the existing waterline through- out the entire County, not strictly the Route 29 north and Scottsville Areas. Mr. Fisher said since the decision to serve the United Parcel Service property, a decision must be made on which other parcels should be served. Mr. Tucker said his staff used existing maps to determine which parcels actually abut existing waterlines, and noted that not all parcels have structures on them. Mr. Fisher expressed concern about serving some parcels where existing structures may be set back as much as 2,000 feet from the waterline. Mr. Lindstrom said he would like to avoid having any "note" on the map and suggested a field survey to determine which parcels have existing structures which could be served by water. Mr. Lindstrom asked Mr. Brent of the Service Authority if he felt serving only those parcels with existing structures would be feasible. Mr. Brent said it would be workable if the map is properly colored to indicate those parcels which would be eligible under this plan. Mr. Lindstrom asked if this type policy were adopted, would it be done as a clarif- ication retroactively, or as a new policy. Mr. Fisher said the procedure would have to be to hold a public hearing to amend the service areas. Debate then ensued about what type of structures should be considered if a policy to include parcels with existing structures is pursued. Mr. Brent recommended using aerial photographs to identify structures. Mr. Henley recommended using the existing tax re- cords. Mr. Henley and Mr. Fisher felt a field survey would be essential in order to identify all types of existing structures on specific parcels. Following this debate, Mr. Fisher requested Mr. Tucker to have his staff survey each parcel which is not currently in the service areas of the Albemarle County Service Authority and report those findings back to the Board at the June 9, 1982, meeting. Agenda Item No. 15. Appointments. Mr. Fisher noted the additional appointments on the list which was recently received by the Board. Miss Nash, Mrs. Cooke and Mr. Fisher said they had possible nominees to the Visitors Bureau, Library Board and Jordan Development Corporation respectively; but had not been in contact with those people and would like to withhold nominations. Mr. F±sher said one appointment which could be made was for the Criminal Justice Advisory Council, noting that traditionally the County has nominated the Sheriff and a deputy. Motion was offered by Mr. Henley, seconded by Mrs. Cooke, to reappoint Sheriff George Bailey and Deputy Sheriff James L. Higgins to another one year term, effective July 1, 1982 through June 30, 1983. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Butler, Mrs. Cooke, Mr. Fisher, Mr. Henley, Mr. Lindstrom and Miss Nash. None. Mr. Fisher noted that the At-Large position on the School Board is due to expire, and asked if the Board wished to advertise this vacancy or reappoint Mrs. Sally Thomas to the post. Mr. Henley offered motion to reappoint Mrs. Thomas to another term on the School Board as the At-Large member. Miss Nash said names of other qualified citizens should be sought before the reappointment is made. Mr. Fisher said he did not know if Mrs. Thomas wanted to be reappointed, and suggested contacting Mrs. Thomas to see if she desired reappointment before going any further. Appointments for the Welfare Board, Jefferson Area Board on Aging, Advisory Council on Aging and the Rivanna Water & Sewer Authority Board were also discussed, but no nomina- tions were suggested, and appointments were deferred. Agenda Item No. 16. Other Matters Not on the Agenda. Miss Nash requested the Board again adjourn into executive session in order to finish the discussion on the "borrow pit" for the Scottsville levee project. Mr. Lindstrom said he would also like to discuss the Caleb Stowe/UVB case, which was not discussed during lunch. At 3:00 P.M., motion was offered by Miss Nash, seconded by Mr. Lindstrom, to adjourn into executive session in order to discuss legal matters. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Butler, Mrs. Cooke, Mr. Fisher, Mr. Henley, Mr. Lindstrom and Miss Nash. None. At 3:35 P.M., the meeting reconvened back into open session. Motion was then offered by Mr. Lindstrom, seconded by Mr. Butler, to authorize the Chairman to sign a deed of easement dated May 11, 1982, concerning the Scottsville Flood Control SP-81-68, under the specific condition that "Construction is to begin within five years." Roll was then called and the motion carried by the following recorded vote: AYES: Mr. Butler, Mrs. Cooke, Mr. Fisher, Mr. Henley, Mr. Lindstrom and Miss Nash. NAYS: None. (Note: Mr. Henley left the meeting at 3:40 P.M.) Ma ~1~9~2 (Re~__MeetingJ) THIS DEED, made this llth day o~ May, 1982, by and between the COUNTY OF ALBEMARLE, VIRGINIA, Grantor, and the TOWN OF SCOTTSVILLE, a municipal corporation of the Commonwealth of Virginia, Grantee, whose address is Scottsville, Virginia 24590, WITNESSETH: That for and in consideration of the sum of TEN ($10.00) DOLLARS, cash in hand paid, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby GRANT, and CONVEY WITH SPECIAL WARRANTY OF TITLE UNTO THE TOWN OF SCOTTSVILLE, a perpetual right-of-way and easement to construct, install, and maintain a flood control protection levee on that parcel of land in Albemarle County, Virginia, shown and designated as 1.14 acres, more or less, on a plat of Buford T. Lumsden and Associates, Certified Land Surveyors, dated December 10, 1981, entitled "Plat Showing Property (1.14AC.) being conveyed to the Town of Scottsville, Virginia by The County School Board of Albemarle County" (hereafter called "the Plat"). The easement conveyed is 83 feet in width adjoining Page Street and 160 feet in width adjoining the property Of U.S. Rubber Co., as shown on the Plat, a copy of which is attached hereto and is to be recorded with this deed. This property was conveyed to The County of Albemarle, Virginia by the County School Board of Albemarle County, Virginia by resolution dated September 14, 1981, of record in Deed Book 726, page 175 in the Clerk's Office of the Circuit Court of Albemarle County. Reference is made to said resolution for a more particular description of the pro- perty described herein. As a part of the easement, the Town of Scottsville shall have the right to enter upon the property of the Grantor for the purpose of in- stalling, constructing and maintaining a flood control levee and appur- tenances thereto. The Town of Scottsville agrees to excavate earth in a proper and workmanlike manner and to properly protect the levee from erosion by reseeding the surface according to standard erosion control specifications. The Grantor further GRANTS and CONVEYS unto the Grantee an additional temporary easement of 10 feet on either side of the permanent easement previously granted, for use of the contractor during the installation of the levee. This easement will terminate upon comPletion of installation. This easement shall expire and the interest therein shall revert to the Grantor or its successors in title to the servient tract, unless construction of the levee shall have substantially begun on or before five years from this date. IN WITNESS WHEREOF, the County of Albemarle has caused this deed to be signed by its Chairman, Gerald E. Fisher, whose signature is duly attested by the Clerk of the Board of Supervisors of Albemarle County and the seal affixed hereto. Motion was offered by Miss Nash, seconded by Mr. Lindstrom, to authorize the County Attorney to deliver to the Scottsville Town Attorney, the following letter dated May 10, 1982, from Mr. George R. St. John, containing three provisions applicable to SP-81-68, regarding the."handling of the borrow pit site". Mr. Fisher said he would support the motion on Mi~s Nash's recommendation that this be the action of the Board. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: ABSENT: Mr. Butler, Mrs. Cooke, Mr. Fisher, Mr. Lindstrom and Miss Nash. None. Mr. Henley. "In accord with the results of our meeting of May 7, 1982, please evidence your agreement on behalf of the Town, to the following provisions applicable to the above-cited special use permit: 1. That the conditions placed on SP-81-68 by the Planning Commission and Supervisors, are in force and are uneffected by the decision of the Board of Zoning Appeals on April 20, 1982. 2. That pursuant to those conditions of approval, the Town and its contractors and employees will submit for County approval and County enforcement, applications for both grading permit and runoff control permit for the borrow site, and will comply with the procedural and substantive requirements of the County's Natural Resource Extraction Overlay District as set out in Section 30-4 of the Zoning Ordinance, all under the enforce- ment power of the County staff including the requirement for bonds enforce- able by the County. 3. That as part of the foregoing compliance the Town will, if necessary in the opinion of the County Engineer, improve the road or roads from the borrow site to the levee, as well as take appropriate steps to prevent any dust, mud, or spilled dirt problems along these roads. If this is agreeable to the Town, then I have authority to agree on behalf of the County that the County and its officers will forego any appeal from the BZA decision of April 20, 1982." May 12, 1982 (Regular Day Meeting) Agenda Item No. 17. At 3:42 P.M. motion was offered by Mrs. Cooke, seconded by Mr. Butler, to adjourn to May 13, 1982, at 7:30 P.M., in Meeting Rooms #5-6. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Butler, Mrs. Cooke, Mr. Fisher, Mr. Lindstrom and Miss Nash. NAYS: None. ABSENT: Mr. Henley. Chairman May 13, 1982 (Night Meeting) (Adjourned from May 12, 1982) An adjourned meeting of the Albemarle County Board of Supervisors was held on May 13, 1982, at 7:30 P.M., in Meeting Rooms 5 and 6 of the Albemarle county office Building, Charlottesville, Virginia. This meeting was adjourned from May 12, 1982. BOARD MEMBERS PRESENT: Mr. James R. Butler, Mrs. Patricia H. Cooke (arrived at 7:37 P.M.), Mr. Gerald E. Fisher and Miss Ellen V. Nash. BOARD MEMBERS ABSENT: Mr. J. T. Henley, Jr., and Mr. C. Timothy Lindstrom OFFICERS PRESENT: Messrs. Guy B. Agnor, Jr., County Executive; Maynard Elrod, County Engineer; William K. Norris, Watershed Management Official; and Robert W. Tucker, Jr., Director of Planning. Call To Order. The meeting was called to order at 7:30 P.M., by the Chairman, Mr. Fisher. Mr. Fisher noted that a quorum was not yet present. The meeting was turned over to Mr. Cole Hendrix, Acting Chairman of the Rivanna Water and Sewer Authority, who introduced the Rivanna Board members and representatives from the consulting firm of Camp, Dresser and McKee. Mr. Hendrix noted the presence of two members of the Charlottesville City Council; Francis L. Buck and John Conover. (NOTE: At 7:37 P.M., Mrs. Cooke arrived.) Mr. Hendrix then turn the meeting over to Mr. George Williams, Executive Director of the Rivanna Water and Sewer Authority, who made a twenty minute presentation on the Buck Mountain Water Supply Study, A Summary of Findings, (Note: a complete copy of Mr. Williams' presentation is on file in the office of the Clerk to the Board of Supervisors.) The following is a condensation of Mr. Williams' presentation: The Charlottesville/Albemarle urban area presently obtains potable water from four surface water impoundments. These reservoirs are adequate for near future needs but the need for additional water beyond the year 2000 is apparent. Projections based on the 1977 study by Camp Dresser & McKee have been modified to show effects that water conservation programs have brought about.- Projec- tions will be reviewed periodically in the future to determine exact timing. Several options were investigated as potential sources of future public water supply including: North Fork Rivanna River - quantify of water is adequate but a portion of the drainage basin is outside the jurisdiction area (Greene County) 2. Mechums River - eliminated due to poor water quality Rivanna River - eliminated due to location in highly urbanized area causing severe water quality problems 4. Buck Island Creek - eliminated due to high pumping costs Preddys Creek - eliminated due to low yield Moormans River - eliminated due to low yield in drought conditions James River - option does exist, very-expensive Buck Mountain Creek - good yield, acceptable water quality, proximity of South Rivanna water plant; subject of present study Another option which could be utilized is the use of collapsible flashboards on the South Rivanna Dam. Flashboards would add four feet to the dam height and provide an additional safe yield of 6.4 million gallons per day and would delay development of a new source by approximately ten years. The Buck Mountain watershed was selected for concentrated study by the Board of Directors of the Rivanna Water and Sewer Authority. A two year moratorium on building in the area was enacted by the Albemarle County Board of Supervisors, and is scheduled to expire on August 13, 1982.