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HomeMy WebLinkAbout1979-10-24NOctober 24, 1979 (~Night ~ Meeting) (Adjourned from October 17, 1979) 182 An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on October 24, 1979, at 7:30 P.M. in the Board Room of the County Office Building, Charlottes- ville., Virginia; said meeting being adjourned from October 17, 1979. Present: Messrs. Lindsay G. Dorrier, Jr. (arriving at 7:32 P.M.), Gerald E. Fisher, Jo T. Henley, Jr. (arriving at 7:40 P.M.), F. Anthony Iachetta, C. Timothy Lindstrom (arriving at 7:38 P.M.) and W. S. Roudabush. Absent: None. Officers present: County Executive, Guy B. Agnor, Jr.; County Attorney, George R. St. John; and County Planner, Robert W. Tucker, Jr. Agenda Item No. 1. The meeting was called to order at 7:40 P.M. by the Chairman. Mr. Fisher said he would like to talk about the problems in Greene County which resulted from an explosion and fire this morning which Wiped out the governmental offices, the courthouse, and possibly all land and tax records. The Greene County Administrator was injured, so he has talked with the County Planner and offered assistance. The Greene County Board of Supervisors is meeting at. this hour to determine how to get back into business. It is possible that Albemarle County may be requested to furnish some assistance. Mr. Dorrier said he had just returned from Greene County where he talked with Mr. C. C. Kurtz, Chairman of the Greene County Board of Supervisors. They are waiting for insurance adjusters before deciding what type of temporary measures to take. Mr. Fisher said Mr. Agnor has volunteered to go to Greene County tomorrow morning to see if any help can be given by Albemarle County. Mr. Fisher said he had received notice that a Senate committee is studying several proposals to reduce taxes being paid by consumers of gas, electricity, coal and other energy sources. Possibilties being studied are: (1) To exempt fuel oil used for residential consumption from the State sales tax; (2) To reduce the State sales tax on fuel oil from 45 to 25 per gallon; and (3) To allow localities to exempt certain low income families from the local consumer utility tax. Mr. Fisher said it seems that anything done by the Legislature to reduce taxes on fuel oil will also be applicable to taxes on electricity. Albemarle County receives a considerable amount of revenue from utility taxes. Mr. Fisher said it is possible that alternative number three which would enable' localities to exempt certain low income families from the utility tax in the same manner as they are now exempted on real property might be a reasonable alternative. He said if the other Board members have similar feelings, comments can be given at a public hearing on this question which is to be held on October 31. Dr. Iachetta said he has never liked the utility tax. He feels it is discriminatory,oaad even if the State does not do anything about it, this Board should. Mr. Fisher said if Albemarle County changes its utility tax in anyway it will result in a con- siderable loss of revenue. He said if any other Board member had a different idea, it could be discussed later in the meeting. Agenda Item No. 2. letter was presented: Request from Library Board re: Crozet Branch. The following "October 17, 1979 The Board of Supervisors of Albemarle County Charlottesville, Virginia Gentlemen: The Crozet Branch of the Library has occupied, for a number of years, the former hardware store building on the square. The building provides a useable area of about 2,000 square feet. It is well located, but in relatively poor condition. It is draughty and hard to heat, with very high ceilings. It is unattractive with exposed ducts, exposed wiring and a noisy furnace. The Children's Room is separated from the Adult Room by a fixed wall and is further disadvantaged by having two small rooms at the rear, both of which are unheated and unattractive but which are used anyway for small group activities. Until recently, these quarters have proved to be adequate for a branch with a steady circulation and with no prospect for growth until the population expands. In the last year there has been a sudden upsurge in activity within the library, resulting in a nearly 50% increase in circulation. In addition, other groups are using the library for classes and meetings. With this increase in the use of the building, there has been a rising demand from library users "that something be done." Library space needs in the Crozet area will depend heavily on the anticipated population growth in the next few years which, in turn, is dependent on the availability of sewer connections. It seems likely that the population in 1985 will be such that a 3,000 square foot building will be essential and that a 4,000 square foot building will be needed as soon as the sewer connections permit increased housing. Mr. Stanley Wilcox came to the Library Board with the following proposal: To provide a 4,000 square foot building, 3,000 square feet to be leased to the Library at $2.00 per square foot on a five-year lease, the remaining 1,000 square feet to be taken up by the library at the end of a three-year period at the same cost per square foot, the lease to be renewable for another five years. The building would be located ! 83 October 24, 1979 (2.N~-g:h,t:-. : Meeting) (Adjourned from October 17, 1979) behind the Windham development across the street from the square where the library is presently located. The Library would share the common parking facilities provided for the Virginia National Bank and the Windham project. As a construction detail, it will be necessary to move the library from its present location for a period of six months or so in order to allow the hardware store to vacate its present quarters and move into the current library building. Ail costs of the move and additional costs associated with the temporary quarters, including any increasee in rent, would be borne by Mr. Wilcox. The Library, in developing the new quarters, will use all of the existing furnishings, which are compatible with a new library building or which can be reconditioned for such use; i.e., steel shelving, some wood shelving, study tables and chairs, book trucks, the existing Xerox machine and miscellaneous equipment. The remainder of the furnishings from the present quarters will be abandoned after it has served its purpose in the temporary facilities. Mr. Wilcox has agreed to provide a $10 per yard allowance for carpeting. The Library has been advised that a $15 per yard allowance is more realistic and this figure is being used in anticipated costs. With the increase in circulation which we have been experiencing and with the move into temporary quarters, additional hours of service and additional hours of staff time are needed in order to keep the more crowded facilities operative. To provide the same hours which were recently authorized for Scottsville, the sum of $1,328 will be needed from November 1st to the end of the Fiscal Year. Until the building is designed, it is possible only to estimate the amounts of additional furniture and equipment which will be needed. Attached is a list of items which are presently known to be needed, with budget prices. Occupancy cannot be reasonably expected before May, 1980, or even the beginning of the next fiscal year. Consequently, no additional funds are requested at this time for rent or utilities. They will be included in the budget request for next year. If it emerges that the building can be occupied before June 30 and if the Library should need additional funds for rent, we will return to the Board of Supervisors. In summary, we are asking the Supervisors to authorize the Board of Trustees to make a commitment for the future at the following costs: Rent Utilities $6,000 per year $1,800 per year We are also asking the Supervisors to appropriate $1,328 for additional ~ staff and additional hours of service effective November 1st of this year; We are asking the Supervisors to authorize a Capital Outlay of $8,500 as a one-time expenditure for furnishings and equipment as described on the attached sheet. For the Crozet Building Committee Board of Trustees (Signed) Christopher B. Devan Director" Mr. Fisher said it was unclear from the letter as to what rental would apply to any renewal of the lease. Mrs. Maria Thompson, Albemarle County representative on the Library Board, said Mr. Wilcox has agreed to lease the facility for an additional five years with the amount tied to the cost-of-living index. Mr. Wilcox has considered constructing a 4,000 square foot building at this time in order to avoid higher construction costs in the future, or is willing to construct a 3,000 square foot building now, with an additional 1,000 square feet to be added when necessary. He leaves that decision to the County. Mr. Fisher said the Board does not usually go into long-term rental agreements, but usually tries to erect a structure. Mrs. Thompson said she feels the future of the Crozet area is "up in the air", and this will give a good library facility without committing the County to a major new construction. Mr. Agnor said the Board has instructed the staff to incorporate the needs of regional agencies into the next amendment of the Capital Improvement~ Program. This lease should give time to do the long-range capital planning that is needed. Dr. Iachetta said the Board should know within two years what will happen about the Crozet Interceptor and five years will give time to make a rational decision on this question. The County could not own such a facility for $2.00 a square foot. Mr. Fisher asked Mr. Devan exactly what the lease covers. Mr. Devan said it is a shell building consDructed to specifications of the Library Board and a carpet allowance. Mrs. Thompson said' it also includes exterior maintenance, snow removal and parking facilities. Mr. Henley said he is a member of the Fruit Growers Co-op and that is the proposed temporary location of the Library, but Mr. St. John has advised him that he has no conflict of interest, so he would move to authorize the Library Board to sign a lease on a 4,000 square foot building, 3,000 square feet to be leased to the Library at $2'.00 per square foot on a five-year lease, the remaining 1,000 square feet to be taken up by the library at the end of three-year period at the same cost per square foot, the lease to be renewable for another five years; building will be located behind the Windham development across the street from the square where the Library is presently located; the Library is to share the common parking facilities provided for the Virginia National Bank and the Windham project; lessor is Stanley Wilcox. The motion was seconded by Mr. Roudabush and carried by the following recorded vote: October 24, 1979 (~2Night -~ Meeting) (Adjourned from October 17, 1979) Motion was then offered by Mr. Henley to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $8,500 be and the same hereby is appropriated from the General Fund and coded to 18B.3 for new furniture and equipment at a new location of the Crozet Branch of the Jefferson-Madison Regional Library. The motion was seconded by Dr. Iachetta and carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Motion was offered by Mr. Henley, seconded by Dr. Iachetta, to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $1,328 be and the same hereby is appropriated from the General Fund and coded to 18B.3 for additional staff and additional hours of service at the Crozet Branch of the Library effective November i, 1979. The motion carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Dr. Iachetta suggested that in future planning, the Library Board look at the cost of utilities as he felt their estimated costs may be too low. Mrs. Thompson said the Library Board is considering a facility for the northern corrider (Route 29 North) and would like to have comments as to projected needs for that area of the County. Agenda Item No. 3. 5, 6, and 7. Work Session: Comprehensive Plan - Urban Area Neighborhoods 3, 4, Mr. Tucker said that at the last meeting on the Urban Area Neighborhoods, he had showed a map giving general outlines of areas that could be served by gravity sewer. Since that time, the Engineering Department has prepared a more in-depth study. In particular, this study shows that the line noted for Neighborhood No. 3 was incorrect. Mr. J. Harvey Bailey, County Engineer, was present and presented the following memo: S~NNT~R~iSE~RAGE POSSIBILITIES WITHIN THE SEVEN URBAN NEIGHBORHOODS October 19, 1979 Urban Area Neighborhood No. !. Gravity flow is possible for all areas on east side of State Route 743 (Hydraulic Road) to its intersection with State Route 631 (Rio Road); on east side of 631 to its intersection with State Route 659 (Lamb's Road) and along east side of 659 to a point on the ridge approximately 1000 feet south of the South Rivanna. All areas to the west of the line described above require pump stations and forced mains for sewer service. This area is in the South Rivanna watershed. Existing pump stations serve Georgetown Green, Albemarle High School, Jack Jouett and Greer Schools. These two pump stations, together with all the development from the City-County line, lying to the east of State Routes 656, 743, 631 and to the west of Highway 29 North are served by the Meadow Creek and Berkeley-Four Seasons interceptor sewers. Undeveloped areas within the above-defined area have easy access to these interceptors. Urban Area Neighborhood No. 2. This neighborhood will be served by the Rivanna Interceptor, now under construction, and the existing Meadow Creek Interceptor. That portion which will flow directly into the Rivanna Interceptor cannot be served until the Advanced Wastewater Treatment Plant, which is in the building state, comes into use. No pump stations will be required in Neighborhood 2. At present, Woodbrook Subdivision is served by a lagoon treatment system and Albemarle Square Shopping Center by Powell Creek pump station which is located below Westmoreland Subdivision. Carrsbrook, Westmoreland and Northfie'lds Subdivisions are not served. The Woodbrook lagoon and Powell Creek pump station will be abandoned when the AWT plant begins operation. Until such time, further development within Neighborhood 2 may be limited by the capacity of the lagoon and/or pump station. Urban Area Neighborhood No. 3. It appears to be practical, as far as elevations are concerned, to serve the most remote corner of Neighborhood 3 that has an elevation of 400 or greater. The Geological Survey Map of the area shows the 400 foot contour crosses U.S. Highway 250 near Shadwell Creek, which is the easterr~ost boundary of No. 3. The Rivanna Interceptor crosses the Rivanna from east to west at a point a short distance upstream from the Woolen Mills dam. A manhole is located on the east side of the River, the invert of which is at elevation 295; ground elevation 315. The scaled distance from the manhole to the remote east corner is 14,000 feet and the apparent available head 100+ feet, which gives a 0.85% grade. This is ample to sustain the required velocity in<the sewer. The Rivanna Interceptor crosses the River four times within the limits of Neighborhood 3. Almost any area above the flood plain of the Rivanna can be served by gravity ~flow into 'it. The interceptor is now in place. However, it cannot be used until the AWT plant is placed in service. At present, there is no public 1,85 October 24, 1979 (~Night.:.:i. Meeting) (Adjourned from October 17, 1979) Urban Area Neighborhood No. 4 is comparable to No. 3, with respect to its ability to be served by gravity sewers. Moores Creek Interceptor is available and in use. Blue Ridge Sanitorium and Michie Tavern have sewage treatment via this interceptor. Also Piedmont Community College, the Charlottesville-Albemarle Security Complex and others are served by Moores Creek. Further expansion must await service in the AWT because the Moores Creek Sewer Treatment Plant is now loaded. Urban Area Ne~.ghborhood No. 5 drains into Moores Creek either directly or by way of Biscuit Run. Country Green and Sherwood Manor Apartments'have service through Moores Creek Interceptor. The Southwood Mobile Home Park is serviced by a privately-owned sewerage system: Any part of Neighborhodd No. 5 can be served by gravity into Moores Creek Interceptor. However, no further service can be given until the AWT plant comes into use. Urban Area Neighborhood No. 6 can be served by gravity sewer into Moores Creek Interceptor, directly or by way of the Morey Creek Interceptor. A small po~ion pSrthis neighborhood lies in the Meadow Creek drainage basin and can be served through the Meadow Creek sewage system. Most of this property belongs to the University of Virginia. The Boar's Head Inn is served by a sanitary lagoon, which they own. The Crozet Interceptor is to come through ~, to connect to the Morey Creek Interceptor. Beilair, Buckingham Circle and Ednam Forest Subdivisions do not have public sewerage. Development and use of such a system must await the use of the AWT. Urban Area Neighborhood No. 7 lies partly in the Ivy Creek, partly in the Moores Creek and partly in the Meadow Creek drainage basins. The portions in Moores Creek and Meadow Creek may go by gravity into existing systems. Any development in the Ivy basin must be pumped to reach a gravity sewerage system. Old Salem is served by pump stations which discharge into ~ gravity line in Barracks Road. Canterbury Hills sewage flows by gravity into the Meadow Creek system. Expansion of use is possible through the Meadow Creek system. ~ollymead Community. Approximately 55% of the Hollymead area is occupied by the Powell Creek'watershed; 27% by Schroder Creek and an unnamed branch watershed lying between Schroder Creek and Powell Creek; and 18% by Flat Branch,.~plus two unnamed branches on either side of Flat Branch watershed. This last designated 18% of the Hollymead area lies on the north side of State Route 649 (Proffit Road) and drains toward the North Rivanna Sewer Treatment Plant. Since the treatment plant is on the opposite side of the River and above the flood plain, a pump station will be required to lift sewage into it. The same would be required to lift sewage across the divide into the Powell Creek basin, if that route were more desirable. The Powell Creek Interceptor is in place and in uae up to a point a short distance north of HOllymead School. Phase I of the Hollymead PUD and the Hollyead School are served by it. Sewage is conveyed by gravity to a temporary pump station located on the south side of the South Rivanna. It is conveyed through a force main to the Meadow Creek system. Ail of the area which lies south of State Route 649 can be served by gravity flow to discharge into the Powell Creek Interceptor. However, the volume of flow is limited to the capacity of the Powell Creek pump station. Development beyond this must await completion of the AWT plant. The latest report from the Rivanna Water and Sewer Authority is that the Powell Creek pump station is now pumping from 125,000 to 145,000 gallons per day. Its rated capacity is 200,000. Approxi- mately 55,000 g.p.d, capacity, the equivalent requirement for a population of 550, is available to serve Hollymead and whatever other development that flows by gravity to this pump station. Mr. Fisher said this report changes considerably the information presented to the Board last time on gravity sewage service for this N~ighborhood No. 3. Mr~ Roudabush asked Mr. Bailey i~ he had checked to see if the Sheraton Inn can be served by sewer. Mr. Bailey said he had and they are above the required elevation by almost 100 feet. Mr. Lindstrom reiterated that too much commercial zoning is proposed for this neighorhoo~ It is an arbitrary determination, but it is far in excess of what has been projected in the Comprehensive Plan for future needs. Mr. Dorrier felt that 1-64 will act as a barrier to prevent commercialization further south and drawing the boundary somewhere else might be hard to justify. Mr. Lindstrom said he did not think the interstate is a particularly good boundary. Mr. Dorrier did not think that either side of Route 250 is a good place for residential. Mr. Fisher said it appears that all Of Neighborhood No. ~ can be served by gravity sewer. Mr. Lindstrom said the Board has discussed including more commercial acreage in this neighborhood. Mr. Dorrier said Avon Street (Route 742) is a direct link to the whole souther: part of the County and he feels it would be'logical to show some commercial right.on this road. Mr. Roudabush said he looks at Avon Street as being a commercially-oriented thorough- fare. It is more suitable to commercial use than residential, particularly on the west side which already has institutional and commercial uses. This area is convenient to the rural and urban areas and has good access. Mr. Fisher said he feels there is too much commercial land shown in some of the neighborhoods and if new commercial land is to be created in this neighborhood, other areas should be shrunk. Mr. Lindstrom said he did not think there would be much success with changing the commercial pattern below the South Fork of the Rivanna River (Route 29 North) because of existing land use patterns. Route 250 East (Neighborhood No. 3) is different because there is a whole block of land in that area that is not developed and which lends itself to different uses. The neighborhoods on the western side of the City are predominately residential and he did not think there are many areas on that side of the County which are suited to additional commercial development. Mr. Lindstrom said he was willing to add some commercial acreage south of town (possibly 15 acres) in addition to October 24, 1979 (_',N~ight.~ '~ Meeting) (Adjourned from Octoberl!7, 1979) Mr Roudabush said in Neighborhood No. 3 he would would like to see the commercial area stop where existing uses now end. He would rather see the south side develop with an internaZ road system and orient the area inward, thus eliminating the commercial areas fronting on Route 250 to avoid a multitude of entrances. Dr. Iachetta said what is done with the Biscuit Run area and ~h_.~t_i~ done on_Route 20 go together and he is inclined to favor both of them. He asked th~o~Hern b~8~r~ of the proposed Biscuit Run area. Mr. Tucker said it is two streams, one flowing from Route 631 and one from Route 20. Mr. Fisher said that Mr. William Houchens from Lake Reynovia was present and asked for his comments. Mr. Houchens said he is not the owner of the Lake Reynovia property, but represents the owners, and knows some of their plans. He had not had time to examine the map relative to zoning, but would not object to having some cluster development on the property~ However, to show that much land for 1 ' 4 dwelling units per acre seems a rather drastic measure. ~Also, there is no access into this property by an existing road. He said this property has always been farm land and the owners would like to see guided development that is land-oriented. Mrs. Houchens said as the population of the County grows, the County will need more recreational areas and anything that surrounds Lake Reynovia and makes it unavailable to the public may not be good. Mr. Dorrier said he had discussed the purchase of the Lake Reynovia property with a Federal agency and they did state that this is a good area for a future Park. There is no park or swimming area on the south side of the County and the Board should be careful about putting high density residential development right around this lake. Mr. Fisher asked if the Highway Department has made any comments about the proposed collector road in the area near Sherwood Farms (N~ighb~hood No. 5). Mr. Tucker said no. Mr. Tucker also reminded the Board that Sherwood Farms'had asked to be excluded from the neighborhood plans and the Planning Commission had agreed. Mr. Fisher asked any points of controversy in Neighborhood~No. 6. Mr. Tucker said there is an industrial area proposed between the Route 29 By-pass and 1-64. Objections to this area were raised by people who live on Buckingham Circle and in Bellair. There were also objections raised to a medium density residential area on the east side of the By-pass south of Fontaine Avenue. The Planning Commission did not change their recommendation on either of these areas. There was also a question raised about the designation for Ednam, but the Planning Commission based their recommendation for a low density designation on the approved RPN plan. Dr. Iachetta asked if the staff had seen any proposals from the University of Virginia for the Birdwood tract. Mr. Doug Eckel of the Planning Staff said the University is trying to decide what type of facility they want to construct on the property. Mr. Avery Catlin said that if the Board of Supervisors has concerns about the design for this property, they should make those concerns known to the committee that is working on the architectural program. Mr. Tucker said the staff has discussed this and felt it might be good to prepare something for the Board's review. Mr. Fisher said some residents in Bellair have already experienced flooding problems from development in the near area. Mr. Fisher said he has requested Mr. Agnor to check and see exactly where the water is coming from. Dr. Iachetta said the County's Stormwater Detention Ordinance would have tobe considered as part of whatever construction takes place. Mr. Fisher said the staff should start to formulate concerns about traffic, water run-off, sewerage service, visual aspects, and other items of general concern. Mr. Leigh Middleditch was present to speak about the Ednam property (Neighborhood No. 6)ii He said on the present proposal, the Ednam property is shown for 1 - 4 dwelling units per acre. There are about 35 acres in that tract and the land has been under an RPN/R-1 'designat~ since 1976, ~hg~ would allow 132 units or 3.7 du/ac. The maximum density allowed under an RPN/R-1 is 5.3 du/ac or 188 units. Retirement Homes of Virginia has applied for a rezoning to RPN/R-2 on this property. The application will be coming before the Board in December and his clients do not want to get caught between the Comprehensive Plan and the higher zoning designation for which they are applying. Mr. Fisher said part of Neighborhood No. 7 lies in the South Fork Rivanna Reservoir watershed. He asked about other controversies. Mr. Tucker said most concerns are with land lying in the watershed and the density proposed for that area. The Planning Commission has recommended one dwelling unit/acre and most of the residents would prefer a density of 1/2 dwelling unit/acre. Mr. Lindstrom said at the last meeting on this neighborhood, Mr. Bailey had indicated that there might be some areas that could be served by a fairly large impoundment. He asked if this had been studied further. Mr. Bailey said no. Mr. Lindstrom said it is difficult to address either Neighborhood ! or Neighborhood 7 until the Board resolves the Reservoir issue. Mr. Fisher said he felt the Board had finished all of the Urban Area plans except for the watershed question and the commercial zoning in Neighborhood 3. At 9:40 P.M., the Board recessed and reconvened at 9:50 P.M. Mr. Fisher said he had forgotten to mention receipt of a letter from Citizens for Albemarle. He read the following letter dated October 15, 1979: "At the meeting of the Board of Directors of Citizens for Albemarle, Inc., on Thursday evening October 11, 1979, we reviewed some of the proposals for zoning Urban Area Neighborhoods 1 and 7 that had been discussed at the Board of Supervisors meeting held earlier that same day. October 24, 1979 I-.Night::: ~ Meeting) (Adjourned from OCtober 17~ 1~9) Our board went on record reiterating its position, as outlined in the letter to you several weeks ago, in which we favored the establishment of a conser- vation zone around the Rivanna Reservoir. ~ We are unalterably opposed to any zoning that would permit a density in Urban Area Neighborhoods 1 and 7 that is greater than one dwelling per acre. (Signed) Howard Cromwell Vice President" Agenda Item No. 4. Clarification: Health Department Approval of Ashcroft RPN. Mr. Tucker presented the following letter dated October 15, 1979, from Dr. Richard A. Prindle, Health Director, Thomas Jefferson Health District: "On 12 September of this year, at the requestl, of the Board of Supervisors, I discussed our approach with respect to Health Department approval of septic tank and drainfield locations on lots and in developments. At that time, I indicated that, in consultation with other Albemarle County departments, we had agreed that in the case of developments of five or more lots, we would require the developer to obtain the services of a qualified soil scientist to make studies on each lot, under our supervision, and submit a report thereon. On reviewing the report, we would determine what units, if any, required percolation tests to assure that two drainfields could be located on each. Our experience demonstrates that such tests are unnecessary in many cases. In the event the soil scientist indicates questionable or poor quality, such tests would be performed or discussion undertaken with the owner to modify plans so that poor areas were incorporated with others providing the desired space for the two drainfields. At that presentation, there appeared to be no disagreement with this approach. The Department has now been approached by Mr. Gary Cooper regarding Board Action ZMA-79-06, June 6, 1979, for Liberty Land, Ltd., rezoning 485 acres behind "Ski Land". In the approval to rezone, this item is found: '5. Virginia Department of Health approval of two septic field locations on each lot. The Health Department shall either supervise, or test, each lot utilizing both soil tests and percolation tests. Such tests must demonstrate that two septic drainfields can be located on each lot without encroaching on any slope exceeding 25%. Septic tanks and/or drainfields shall not be located on any slope of 25% or greater. Any lot not having adequate septic system site shall be combined with a building lot and/or added to the common open space.' This would appear contrary to our discussion of 12 September by requiring both soil studies and percolation tests on each lot. This places a very great, and we feel unnecessary, burden on the developer who must pay up to $200 a lot for such studies. The Health Deartment is in no position to carry out this large a task for a private developer and he must hire the service. Informal discussions with Dr. Iachetta and Mr. Lindstrom lead me to believe that reconsideration is in order and hence, I am requesting you to bring this matter to the group at a future date. Our suggestion is that the section of Item 5 be interpreted or modified to indicate: '5. .... The Health Department shall either supervisor or test each lot utilizing soil tests by a qualified soil scientist and undertake or supervise percolation tests as these may be required. Such tests must demonstrate that two septic drainfields can be located on each lot .... ' We would note that, at the time of construction, each lot will be visited and reviewed by the Health Department and a permit issued. Your assistance in this is greatly appreciated. Staff will be pleased to answer questions and attend any discussions as desired. We wish to emphasize our purpose is to conduct our activities in accordance with State rules and regulations and to conform with policies and regulations of the local jurisdiction. We recommend this modification only because we believe unnecessary costs will be incurred as a consequence of the requirements stated in the memorandum of approval." Mr. Tucker said this letter refers to a condition placed on a rezoning which took place for the Ashcroft RPN. The same condition was also added to the North Pantops RPN which is adjacent to Ashcroft. The staff had initially recommended that there be a soil scientist report or a soils test on each lot. Mr. Lindstrom said he had suggested the original wordin~ of this condition. He said all this Board can do is believe the person who is head of the local Health Department. After the recent conversation the Board had with Dr. Prindle, if ~: Dr. Prindle says the recommended condition is adequate, Mr. Lindstrom said he would be willing to accept the recommended change. October 24, 1979 (Night Meeting) (Adjourned from October 17, 1979) Mr. Henley then offered motion that Condition #5 placed on ZMA-79-06 for Liberty Land, Inc. be changed to read as follows: Virginia Department of Health approval of two septic field locations on each lot. The Health Department shall either supervise or test each lot utilizing soil tests by a qualified soil scientiest and undertake or supervise percolation tests as these may be required. Such tests must demonstrate that two septic drainfields can be located on each lot without encroaching on any slope exceeding 25%. Septic tanks and/or drainfields shall not be located on any slope of 25% or greater. Any lot not having adequate septic system site shall be combined with a building lot and/or added to the common open space. Dr. Iachetta said he is not convinced that the past is not a prologue to the future. He would like to have Dr. Prindle and one of his assistants walk with him through one of the subdivisions in the Charlottesville District to see some of the problems occurring with sewage disposal. At this point, the motion was seconded by Mr. Roudabush. Mr. St. John said there should first be a motion to reconsider the vote on this question because it is a zoning matter, but before doing that the Board would have to move to suspend its Rules of Procedure. Motion was then offered by Mr. Henley to suspend the rules of procedure. The motion was seconded by Mr. Roudabush and carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Dr. Iachetta asked why this amendment could not have come back to the Board through the regular planning process as a request from the applicant. Mr. St. John said it could, but the applicant would have to go through the entire procedure again. Motion was then offered by Mr. Henley to reconsider both ZMA-79-06 for Liberty Land, Inc. and ZMA-79-27 for Dr. Charles W. Hurt. The motion was seconded by Mr. Roudabush and carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Motion was offered by Mr. Henley to substitute the language set out above for Condition #5 on ZMA-79-06 for Liberty Land, Inc. (see Minute Book # 17, June 6, 1979). The motion was seconded by Mr. Roudabush and carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Motion was then offered by Mr. Henley to substitute the language set out above for Condition # 9 on ZMA-79-27 for Dr. Charles W. Hurt (see Minute Book #18, September 19, 1979). The motion was seconded by Mr. Roudabush and carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta (will go along with reluctantly), Lindstrom (asked that the record show that he would go along with this change because at the time it was imposed the Board had not heard Dr. Prindle assure the Board that he and his staff are doing everything the way it should be done and they are really dilligent about this), and Roudbaush. None. Motion was offered by Mr. Lindstrom to reinstate the Board's Rules of Procedure. motion was seconded by Mr. Henley and carried by the following recorded vote: The AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 5. Lottery Permits. Mr. Agnor presented a lottery permit application from the Red Hill Elementary School PTO~ for an event to be held on October 26, 1979. Motion to approve this lottery permit based on the Board's adopted policy for issuance of Such permits was offered by Mr. Lindstrom~ seconde~ by Dr. Iachetta, and carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Mr. Agnor presented lottery permit application from the Broadus Wood PTA for an event to be held on November 2, 1979. Motion was offered by Mr. Roudabush, seconded by Mr. Lindstrom, to approve this permit based on the Board's adopted policy for issuance of such permits· The motion carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. 18'9 October 24, 1979 (Night Meeting) (Adjourned from October 17, 1979) Mr. Agnor presented lottery permit application from the Henley Band Boosters for several events to be held during 1979. Motion to approve this permit based on the Board's adopted policy for issuance of such permits was offered by Mr. Henley, seconded by Mr. Roudabush, and carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. NAYS: None. Mr. Agnor presented lottery permit application from the Maple Grove Christian Church for an event to be held on November 3, 1979. Motion to approve same based on the Board's adopted policy for issuance of such permits was offered by Mr. Lindstrom, seconded by Dr. Iachetta, and carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 6. Legislative Matters. Mr. Fisher said he took the issue of getting some increase in interest on past due taxes to the Virginia Association of Counties Board of DirectOrs and they asked that Albemarle draft a resolution to go in the VAC0 Legislative requests to the General Assembly. The whole idea behind the proposal is to get the citizens to pay their taxes by the due date. He then presented the following resolution prepared by the County Attorney's office: RESOLUTION REQUESTING AMENDMENT OF VIRGINIA CODE SECTION 58-964 TO SET INTEREST ON LOCAL TAXES NOT PAID AT A RATE EQUAL TO THE RATE OF INTEREST ESTABLISHED PURSUANT TO SECTION 6621 OF THE INTERNAL REVENUE CODE BE IT RESOLVED by the Board of Supervisors of the County of Albemarle that the General Assembly of the Commonwealth of Virginia is hereby memori~ alized to amend and reenact Virginia Code Section 58-964 to provide that interest on local taxes not paid shall be payable at a rate equal to the rate of interest established pursuant to Section 6621 of the Internal Revenue Code of 1954, as amended, as of the date of assessment for the period between the due date and the date of full payment. In this regard, the Board of Supervisors of Albemarle County requests that Virginia Code Section 58-964 be amended and be enacted as follows' Section 58'964. Interest on taxes not paid. ~-~e~e~-~e ~&e~AT ~e~ee~-a~-~e-~a~e-e~-e~-~e~ee~m-~e~-a~m-~em ~e-~&~&e~A-~a~-e~-~e-e~-~e-~ea~-~e~-~e~ew&~-~e-aeeeee~e~ e~-&e~&eew-a&e~-w&~-~e-~&~e&~a~-e~m-~e~eeCT Zf any p,erson_a firm or corporation shall have failed or shall hereafter fail to make a proper return or to pay in full any county, town or city levies or tax~s, the proper officer charged with the duty of collecting such taxes or levies shall assess the taxes prescribed by law, adding to the taxes so assessed the penalty prescribed by law~. if any., for the failure to file a return (if a return was required by law~ b~t not filed within the time prescribed by law) and the penalty or penalties prescribed by law for failure to pay the taxes and pea~.lty or penalties within the time prescribed by law and~ in addition thereto~ notwithstanding ~ny other provision of law~ interest at the rate equal to the rate of interest ~st~blished pursuant to Section 6621 of the Internal Revenue Code of 19~, as amended, as of the date of the assessment for the period between the due date and the date of full payment. Upon such assessment, the officer charged with the duty of collecting such taxes or levies shall send a bill therefor to the taxpayer and the taxes, penalties and interest shall be remitted to such officer within thirty days from the date of such bill. If such taxes, penalties and interest are not paid within such thirty days, interest at the rate provided herein shall accrue thereon from the date of such assessment until payment. October 24, 1979 (Night Meeting) (Adjourned from~October 17, 1979) '!90 ~ ~This section shall not apply to local levies in any city or town where penalty or interest on such levies is regulated by its charter or by other special provision of law. Mr. St. John said he thought this requeSt would do what the Board had in mind. Motion was then offered by Mr. Lindstrom, seconded by Dr. Iachetta to adopt the resolution as presented. The motion carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Not Docketed: Mr Agnor said the Virginia Highway and Transportation Commission has offered Albemarle County the grants applied for relative to funding an express bus service project for Route 29 North and a ride-sharing information center project. Mr. Jim Skove of the Planning District Commission office has reviewed the grants and recommends that the grants be signed. Motion was offered by Dr. Iachetta to authorize the County Executive to execute both grants. The motion was seconded by Mr. Lindstrom and carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 7. At 10:21 P.M., the meeting was adjourned.