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HomeMy WebLinkAbout1978-12-13December 13,1978 (Regular Day Meeting) 077 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on December 13, 1978, beginning at 9:00 A.M. in the Board Room of the County Office Building, Charlottesville, Virginia. Present: Messrs. Lindsay G. Dottier, Jr. (arriving at 9:08 A.M.), Gerald E. Fisher, J. T. Henley, Jr., F. Anthony Iachetta, C. Timothy Lindstrom and W. S. Roudabush. Absent: None. Officers present: St. John. County Executive, Guy B. Agnor, Jr. and County Attorney, George R. Agenda Item No. I. Fisher. The meeting was called to order at 9:08 A.M. by the Chairman, Mr. Agenda Item No. 2. Approval of Minutes: July 12, August 2 (Night), August 7~ August August 10, September 6, September 13 and September 20 (afternoon), 1978. July 12 - Dr. Iachetta noted that on page 335 the word "network" should be "work"; and on page 351 the name "Algae" should be changed to "Algerato" in two places. August 2 (Night) - Mr. Henley noted no corrections. August 7 - Mr. Dottier said on page 373 the word "effect" should be changed to "affect" in two places. August 9 - had not been read. August 10 - Mr. Fisher asked that the words "also present were representatives from the news media" be added at the bottom of page 395. September 6 - had not been read. September 13 - had not been read. September 20 (Afternoon) - Mr. Fisher noted that on page 427 the words "a Route 29 Bypass north of' should be "the MCIntire/Rio Road extension to". Motion was then offered by Mr. Roudabush to approve the minutes of July 12, August 2 (Night), August 7, August 10 and September 20 (Afternoon) with corrections as noted. The motion was seconded by Mr. Dorrier and carried by the following recorded vote: AYES: NAYS: Messrs. Dottier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 3A. Highway Matters - Take roads in Westfield Subdivision into State Secondary System. Motion to adopt the following resolution was offered by Mr. Roudabush:' BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the Virginia Department of Highways and Transportation be and ~s hereby requested to accept into the Secondary System of Highways, subject to final inspection and approval by the Resident Highway Department, the following road in Section 2 in Westfield Subdivision: Beginning at station 1+55.27 on Greenbrier Drive, east of U.S. Route 29 (Section 2 of Westfield), a point common to the end of State maintenance of Greenbrier Drive (State Route 1453); thence with Greenbrier Drive in a southeasterly direction 574.73 feet to station 7+30, the end of Greenbrier Drive in Section 2 of Westfield Subdivision. BE IT FURTHER RESOLVED that the Virginia Department of Highways and Transportation be and is hereby guaranteed a SO-foot unobstructed right-of- way and drainage easements along this requested addition as recorded in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book $39, page 222. The foregoing motion was seconded by Dr. Iachetta and carried by the following recorded vote: AYES: NAYS: Messrs. Dottier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 3B. Highway Matters: Take roads in Key West Subdivision into State Secondary System. Mr. Agnor said all work has been completed on the roads in Key West Subdivision except for a drainage easement on Vincennes Court which the County has been unable to obtain. Mr. Roudabush asked if there were any alternative to the drainage easement Mr. Ashley Williams, Assistant County Engineer, said he had talked with Mr. Byron Coburn of the Highway Department about getting a release from the property owner in which he would save harmless the County and S~ate from any drainage that would go across his property. This release would be of record and would go with the property. This property owner does not want any~t-~ on his property and to this point has been unwilling to gmve the drainage easement (because of trees which are valuable to him) or to sign the release. Mr. Agnor said the drainage easement has been agreed to by the adjoining lot owner. He said the repairs that have been made were financed from the remaining bond on these roads. The bond will also cover maintenance costs to the end of the fiscal year, but the remaining bond monies are not sufficient for a performance bond. The Highway Department has agreed that the County can guarantee the road for a year and if any improvements are needed, the County would have to pay, from County funds, an amount up to $4,650. Because these repairs were made in the fall and winter months: there is a possibility that the County would be called upon to pay out funds before the end of the period covered by a performance bond. O78 December 13,1978 (Regular Day Meeting) Mr. Roudabush then offered motion to adopt the following resotution,-and to guarantee a performance bond in the amount of $4,650 from County funds, if that should become necessary. The motion was seconded by Dr. iachetta and carried by the following recorded vote: AYES: NAYS: Messrs. Dottier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. 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 Sections 4 and 5 in Key West Subdivision: Section g - Vincennes Road - Beginning at station 0+08 on Vincennes Road, a point common to the centerline intersection of Vincennes Road and the edge of pavement of State Route 769; thence with Vincennes Road in a northwesterly direction 1,$32 feet to station 15+40, the end of Vincennes Road. Section 5 - George Rogers Road Extended/Wild Flower Drive - Beginning at station 0+15 of George Rogers Road Extended, a point common to the centerline intersection of George Rogers · Road Extended and the edge of the pavement of Vincennes Road; thence with George Rogers Road Extended and Wild Flower Drive in a northeasterly direction 2213.22 feet to station 22+28.22, the end of Wild Plower Drive. Randolph Court - Beginning at station 0+10 of Randolph Court, a point common to the oenterline intersection of Randolph Court and the edge of pavement of Wild Flower Drive; thence in a southeasterly direction 530 feet to station 5+40, the end of Randolph Court. Chestnut Ridge Road - Beginning at station 22+38.2'2 of Chestnut Ridge Road, a point common to the centerline intersection of Chestnut Ridge Road and the edge of pavement of Wild Flower Drive; thence with Chestnut Ridge Road in a northwesterly direction 659.72 feet to station 28+97.94, the end of Chestnut Ridge Road. BE IT FURTHER RESOLVED that the Virginia Department of Highways and Transportation be and is hereby guaranteed a SO-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 505, page 607; Deed Book 530, page 351; and Deed Book 543, page ll4. Agenda Item No. SD) Request to sign deed for Summit Road. Mr. Agnor said in August, the Board adopted a resolution to abandon a portion of Summit Road as a State road and said they would consider at a future date a resolution to convey the abandoned portion of the road to the adjoining property owners. Mrs. Hamilton, who initiated the request for abandon- ment, has since sold her~ property to Mr. and Mrs. An. The request before the Board today is to authorize the Chairman to smgn a Quitclaim Deed, as follows: THIS QUITCLAIM DEED made this 13th day of December, 1978, by and between THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, the governing body of a political subdivision of the Commonwealth of Virginia, of the first parts and KYONG UNAN and YOUNG SOON AN, husband and wife~ of the second part; WITNE S SETH : WHEREAS, by plat of record in the office of the Clerk of the Circuit Court of Albemarle County, a certain parcel of land was dedicated to public use: such parcel being designated Summit Road, such dedication having been accepted and the said~road having been accepted for maintenance by the Virginia Department of Highways .and Transportation; and WHEREAS, it has become apparent to the party of the first part, that in spite of such dedication and acceptance, a portion of the said road has never been _con strutted between the intersection of West Park Drive (State Route 1406) and Georgetown Road (State Route 656); and WHEREAS, on August 9, 1978, the Board of Supervisors of Albemarle County, pursuant to Section 33.1-151, did abandon the same as a public road: such abandonment being consistent with the public health,, safety and general welfare; NOW, THEREFORE, for and in consideration of ONE ($I.00) DOLLAR and other good and valuable consideration, receipt of which is hereby acknowledged, the party of the first part doth hereby GRANT, DEMISE AND QUITCLAIM unto the parties of the second part, as tenants by the entireties with full rights of survivorship as at common law and not as tenants in common: all that certain lot or parcel of land lying in Albemarle County, Virginia, consisting of approximately 2100 square feet, being the southerly half of the former extension of Summit Road, as shown on a plat prepared by the office of the County Engineer, dated September 29, 1978, which is attached hereto as a part hereof. The parcel hereinabove described is adjacent on the North to Lot 17, Block A of Knollwood Subdivision as shown on a subdivision plat of record in the office of the December IS, 1978 (Regular Day Meeting)' said Clerk in Deed Book 272, Page 8. It is the intent of the parties that the said parcel be joined to and become an integral part of the said Lot 19: which intent is evidenced by the execution and acceptance hereof on behalf of the parties, respectively. IN WITNESS WHEREOF, the Board of Supervisors of Albemarle County has caused its name and seal to be affixed hereto by its Chairman and its Clerk, respectively. Motion to authorize the Chairman to sign this deed on behalf of the County was offered by Mr. Dottier, seconded by Dr. Iaehetta, and carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta: Lindstrom and Roudabush. None. Agenda Item No. 3C) Public hearing: To abandon portion of Route 782 beginning at Stadium Road and running to Fontaine Avenue. (Deferred from November 8, 1978.) Mr. Fisher noted the following correspondence which had been received since the last meeting on this subject: "November 28, 1978 The Honorable Gerald E. Fisher Chairman, Albemarle County Board of Supervisors County Office Building Charlottesville, Virginia 22901 Re: Route 782, Stadium Road Extended Dear Chairman Fisher: At the request of City COuncil, I am responding to the Board's request on the subject. The City has no objection to the closing of Route 782 (Stadium Road) outside the Corporate Limits. However, access should be maintained to the raw water pump house (Royal Pump Station) located adjacent to the road and an easement should be maintained to allow for the maintenance and repair of the water line located in and across Route 782. The pump is maintained by Rivanna Water and Sewer Authority and the water line (that feeds Camp Holiday Trails) is maintained by the Albemarle County Service Authority. Sincerely, (Signed) John W. Greene Director of Public Works City of Charlottesville" "December $, 1978 Mrs. Linda W. Leake, Deputy Clerk Office of Board of Supervisors County Office Building Charlottesville, Virginia 22901 Dear Mrs. Leake: Thank you for your letter to Mr. Avery Catlin concerning the abandoning of Route 728. Mr. Cat!in has asked that I answer this letter. After investigation, we believe the road should be blocked at that point where Stadium Road hard surface ends, by the parking lot of the University Townhouses and parallel to Route 29. Therefore, a turnaround would not need to be constructed; the parking lot would be usable for this purpose~ The request is for both abandonment of the right-of-way and discontinuance of maintenance. Thank you; if further information is needed, please call the undersigned. Sincerely, (Signed) Richard F. Shutts Asst. Exec. Vice President University of Virginia" At this time, the public hearing was opened. Mr. Otto Friesen said he lives in the townhouses which are adjacent to the road at the point where it is to be abandoned. He agreed that the road should be abandoned because of the number of children living on, and playing in, the road. Mr. St. John said he had drafted a resolution to accomplish this abandonment, but did not try to describe the roadway which is to be abandoned feeling it could be shown clearer on a map. After a short discussion by Board members as to exactly where the abandonment should begin~ motion was offered by Mr. Lindstrom, seconded by Dr. Iachetta, to adopt the following resolution: December 13, 1978 (Regular Day Meeting) BE IT HEREBY RESOLVED: The Board of Supervisors of Albemarle County, Virginia, hereby finds, pursuant to Section 33.1-151 of the Code of Virginia: as amended, that the safety and welfare of the public will be served best by abandoning the following section of road in Albemarle County as a public road: That portion of State Route 782 shown on the attached map, marked in red and signed by Gerald E. Fisher, December 13, 1978: An easement is reserved from this abandonment in favor of Albemarle County, the City of Charlottesville, The Rivanna Water and Sewer Authority, and the Albemarle County Service Authority over the said section of road for access to public waterworks as described in the attached letter dated November 28, 1978, from John W. Greene, Director of Public Works, City of Charlottesville, to Gerald E. Fisher, Chairman of this Board. The foregoing motion carried by the recorded vote which follows: AYES: NAYS: Messrs. Dottier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. NoNe. After recommendation by Mr. Dan Roosevelt, Resident Engineer, Virginia Department of Highways and Transportation, the Clerk was instructed to write to the University of Virginia telling them that the road could be blocked immediately. Agenda Item No. SE. Request to vacate dedication of public street in Ednam Village. (Deferred from November 8, 1978.) Mr. Fred Colmer was present in support of the request. Mr. Fisher noted receipt of the following letter which had been written after the last hearing on this request: "November 16, 1978 Miss Lettie E. Neher, Clerk,Board of Supervisors,County Office Building Charlottesville, Virginia 22901 Dear Miss Neher: On behalf of Ednam Village Owners Association, Inc. and the residents of Ednam Village I would like to apply for the vacation of the dedication of the road in Ednam Village. I understand that this matter will come up before the Board of Supervisors at their meeting on December 13th and I have marked my.calendar to be there. Sincerely, (Signed) Fred N. Colmer" Mr. Fisher said the following letter from Robert Tucker: Director of Planning, had been received giving background information on this request: "December 8, 1978 Mr. Guy B. Agnor, Jr. County Executive County Office Building Charlottesville, Virginia Re: Vacation of Dedicated Right-of-Way in Ednam Village Subdivision Dear Guy: I have reviewed our files with respect to the above referenced public right-of-way vacation and offer the following conuv~ents in regard to the questions raised by the Board of Supervisors. Ednam Village is presently zoned R-2 Residential and is presently developed with two-family dwellings. Ednam Drive, which provides direct access for these dwellings, ms a restricted road which is dedicated to Public use but privately maintained (the restricted road concept has since been repealed). Section 2 of Ednam Village is an extension of Section l, but has never received final plat approval. Section 2 abuts the proposed site of the Wright and Kessler office buildings, presently zoned CO-Commercial Office and fronting on Route 250 West. There zs an agreement, which was submitted to the County at the time of the CO rezoning, between the Ednam Village Owners' Association and Messrs. Wright and Kessler. It provides for: among other things: a 80-foot buffer between Section 2 of Ednam Village and the proposed office building site, and a SO-foot easement between Section 2 of Ednam Village and the office building site. This easement may bemused by the Ednam Village Owners' Association, if they should ever desire to do so. The proposed vacation of the public right-of-way of Ednam Drive (restricted P road) should have no effect on surrounding properties, except that the owners within Ednam Village could restrict the use of Ednam Drive. The vaction itself 081 December 13, 1978 (Regular Day Meeting) will necessitate the extension of front property lines to the center of Ednam Drive and provision of an easement to replace the restricted road. Provision for a maintenance agreement should be approved by the County Attorney's Office (this may have already been accomp!ished)~ Sincerely, (Signed) Robert W. Tucker, Jr. Director of Planning" Mr. Fisher asked if Messrs. Wright and Kessler had seen this proposal. Mr. Colmer said he had talked with their attorneywho indicated that they agree with the request. Mr. Roudabush then marked a plat (in red) of Section One of Ednam Village to show where the street will actually end and offered motion to authorize the chairman to sign the following deed: WHEREAS, Montesano Park, Ltd., a Virginia corporation: was the developer of Ednam Village and by a plat made by William S. Roudabush, Jr. and Associates, dated April, 1978, revised May 2, 1978, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 580, page 519, all roads and streets in the Ednam Village Subdivision were dedicated for public use, and WHEREAS= the owners of the 23 lots making up Ednam Village now desire to vacate this dedication and the County of Albemarle has indicated a willingness to have these moads remain private roads, and WHEREAS, the owners of the 23 lots desire to convey all interests in these roads which they might receive from such vacation to the Ednam Village Owners Association, Inc., a Virginia corporation, for maintenance and upkeep, and WHEREAS, these 28 lots are subject to Restrictions and Reservations dated November 15, 1973, and recorded in the said Clerk's Office in Deed Book 541, page 60. Article III of these restrictions provide for the maintenance of the roads and gives the Ednam Village Owners Association the power to levy assessments for such maintenance. WHEREAS, all the parties involved have agreed to this.. NOW THEREFORE, this Agreement dated-this 9th day of June, 1978, by and between the owners of the 28 lots of Ednam Village as shown'by their signatures to this instrument, Grantors of the first part, Ednam Village Owners Association, Inc., Grantee, of the second part, and the County of Albemarle, of the third part. 1. The County of Albemarle joins in this deed to consent to the vacation of the plat recorded in Deed Book 530, page 519, as provided for in the Code of Virgina (1950) Section t5.1-482(a) only insofar as the plat provided for the dedication of the roads and streets mn the development. The County of Albemarle further approves of the conveyance of the road to Ednam Village Owners Association, Inc. and the maintenance and upkeep of the roads by this association. 2. The owners of the 23 lots in Ednam Village join in this deed to convey whatever interest they may receive in these roads by the vacation of the dedication by the County to Ednam Village Owners Association, Inc. The owners further mutually grant an easement over these roads to each other and to Ednam Village Owners Association, Inc. 3. Ednam Village Owners Association joins in this deed to accept the responsibility for the maintenance of the roads. 4. All parties to this agreement recognize that certain utility lines are located within the boundaries of the roads covered by this agreement. Nothing in this agreement is intended to affeot these utility lines and all parties recognize the necessity for maintenance and service of these utility lines. WITNESS the following signatures and seals. Owner of Lot 1, Block A (Signed) Hartman L. Butler, Jr. Owner of Lot 2, Block A (Signed) Lena Co Ashman Owner of Lot 3: Block A (Signed) George Worthington, Jr. and Madeline F. Worthington Owner of Lot 4, Block A .(Signed) Donald G. Heyne and Jeannette H. Heyne Owner of Lot 5, Block A (Signed) Marion Pendleton Owner of Lot 6, Block A (Signed) Philip H. Ryan and Aurelia H. Ryan Owner of Lot 7, Block A (Signed) Ruby F. Young Owner of Lot 8, Block A (Signed) C. Bruce Morton, II Owner of Lot 9, Block A (Signed) J. Edwin Wood, Jr. and Emily B. Wood Owner of Lot 10, Block A (Signed) Irene Farrelly Owner of Lot 11, Block A (Signed) Natalie B. Walker Owner of Lot !, Block B (Signed) Fred N. Colmer Owner of Lot 2~ Block B (Signed) James B. Twyman and J. W. McDonell (Virginia National Bank~ Trustee) Owner of Lot 3, Block B (Signed) John A. Stillwell Owner of Lot 4, Block B (Signed) William R. Odell and Frances R. Odell O82 vote: AYES: NAYS: December 13, 1978 (Regular Day Meeting) Owner of Lot S, Block B (Signed) Stuart M. Burgh and Alice G. Burgh Owner of Lot 6~ Block B (Signed) Emmalou W. Barham Owner of Lot 7, Block B (Signed) Elizabeth T. Wise Owner of Lot 8, Block B (Signed) Edwin E. Parker and Wiima D. Parker Owner of Lot 9, Block B (Signed) Robert I. Miller and Catherine L. Miller Owner of Lot 10A, Block B (Signed) Thelma B. Barnes Owner of Lot 10B, Block B (Signed) Barbara C. Aulebach Owner of Lot 1.I, Block B (Signed) Barbara S. Highee EDNAM VILLAGE OWNERS ASSOCIATION, INC. (Signed) By: Charles Barham, Jr., President The foregoing motion was seconded by Mr. Henley and carried by the following recorded Messrs. Dottier, Fisher: Henley, Iaehetta, Lindstrom and Roudabush. None. Agenda Item No. 3F. Letters from the Highway Department. "November 1S, 1978 As requested in your resolution dated November 9, 1977, the following addition to the Secondary System of Albemarle County is hereby approved, effective November 15: 1978. ADDITION LENGTH HOLLYMEAD~SUBDiViSiON ...... Redwing Lane - From: Route 1S20 to end of cul-de-sac 0.13 Mi. (Signed) Leo E. Busser, III, Deputy Commissioner and Chief Engineer" "November 22, 1978 As requested in your resolution dated November 9, 1977, the following additions to the Secondary System of Albemarle County are hereby approved, effective November 22, 1978. ADDITIONS GK~EN~RIER HEIGHTS SUBDIVISION Michael Place - From: City limits of Charlottesville 0.03 mile to Brenda Court. LENGTH 0.03 MI. Brenda Court - From: The intersection of Vermira Place to end of cul-de-sac. 0.15 MI. Vermira Place - From: End of cul-de-sac 0.18 mile in a southeasterly and northeasterly direction to end of cul-de-sac. 0.18 Mi. (Signed) Leo E. Busser: III, Deputy Commissioner and Chief Engineer" "November 29, 197,8 As requested in your resolution dated September 13, 1978, the following addition to the Secondary System of Albemarle County is hereby approved, effective November 29, 1978. ADDITION Section 6 of new connection between old and new locatiOns of Rte. 29, Project 0029-002-I03,C501. LENGTH 0.03 MI. (Signed) Leo E. Busser, III, Deputy Commissioner and Chief Engineer" "December 7, 1978 As requested in your resolution dated November 8, 1978, the following additions to the Secondary System of Albemarle County are hereby approved~ ezfectmve December l, 1978 and December 15, 1978. ADDITIONS BLUE RIDGE VIEW SUBDIVISION (Effective December i, 1978) From: Rte. 665, Southeasterly to end of cul-de-sac. LENGTH 0.12 MI. RI0 HEIGHTS SUBDIVISION (Effective December 15, 1978) ~n Par~ Lane-From: St. Rte. 831 Southeasterly 0.08 Mi. Woodmont Drive-From- Penn Park Lane to end of cul-de-sac. Vegas Court-From: Woodmont Dmive to end of cu!-de-sae. 0.08 MI. 0.16 MI. 0.1~0 MI. (Signed) Leo E. Busser, III,. Deputy Commissioner and Chief Engineer" December 13, 1978 (Regular Day Meeting) 083 Agenda Item No. 3G. Other Highway Matters. Mr. Dottier said he had received a petilion signed by 31 citizens who live on Route 728 in which it is stated: "Our specific need is the widening of a number of curves in order that the residents of County Route 728 may be able to function in a twentieth century society. As a result of the inadequacy that now exists, we have: 1. Some of our children walking one mile to ride the county school bus as Route 728 has been deemed too dangerous by the school officials for safe passage by the buses. 2. Been deprived of both mail delivery and paper delivery. If Route 728 is too dangerous for federal mail delivery and private enterprise to use~ why then, must we, as taxpaying residents be forced to endure such odious conditions by the very government we pay to look after our needs? 3. A situation where certain curves will not permit the passage of two family cars, thereby threatening the very life and limb of the residents of Route 728 each time we place our families mn our cars and on the road. 4. Been relegated to a place in society where quick emergency service by the Rescue Squad or Fire Department could, because of the hazardous conditions of Route 728: be laying one tragedy upon the other. We urge you to take prompt action to relieve these conditions before the travail of winter is upon us." Mr. Dorrier said he has talked with Mr. Roosevelt about this road. Mr. Roosevelt did not feel (because of finances) that the road can be improved to Highway standards, but Mr. Dottier said, as he understands the problem, the citizens would be satisfied with just the elimination of one bad curve. Mr. Roosevelt said he has had correspondence with the Schools' TranSportation Director, Mr. Hicks, for two years about this situation. Mr. Hicks has indicated that the road is too narrow in general for a school bus to navigate. The last traffic counts on this road were 31 and 88. In 1976 it was estimated to cost $100,000 a mile to repair the road. Mr. Roosevelt said he understands that the child who must walk one mile to the bus is from a family who just recently built a house on this road. He feels they had some responsibility to check on such problems before building. Mr. Henley suggested that Mr. Dottier talk to the School Board about this problem. Mr. Dorrier said at the last meeting at which highway matters were discussed, he felt the Board agreed that roads which are safety hazards would get first preference for funding. M~. Roosevelt said he would make estimates for repairing the road and bring those back to the Board at the Highway hearing scheduled for January 24th. 719. Plan. road. Mr. Dottier also noted receipt of petition from 75 residents who live on or use Route Mr. Roosevelt said this road is scheduled for reconstruction in the six-year Highway The work cannot begin until spring, since this is the wrong season to dig up a gravel Mr. Lindstrom said residents in his district had asked if the trees at the corner of Hydraulic Road and Lamb's Road could be cleared since they obstruct sight distance to the north. Mr. Lindstrom asked if surface treatment is scheduled for Colthurst Farm. Mr. Roosevelt said it will be an oil and gravel treatment, not resurfacing. Mr. Lindstrom said he had received a call from the Colthurst Homeowners' Association and if this oil and graVel treatmen is the same thing that was applied to Barracks Road they are having second thoughts. Mr. Fisher asked if the Route 637 project is proceeding since the Board has approved the increased cost of the project. Mr. Roosevelt said they are ready to begin, but he does not think anything significant will happen before Christmas. Mr. Roudabush asked the timetable for improvements to the Park Street Bridge.. Mr. Roosevelt said it is scheduled for construction in 1981. He met with the City Planning Commission last night and they have approved a by-pass structure to be put basically in the location of the existing bridge. He feels that when concurrence is received from City Council, the project will be back on schedule. Mr. Roudabush thanked all who had worked to get the roads in Key West Subdivision into the State System. Dr. Iachetta acknowledged the work by the Highway Department at the entrance to Bedford Hills on Route 743. He said it has been a tremendous safety improvement. 084 Agenda Item No. 4. Wendy's Site Plan Appeal. (Lots 4A-I and 4A-2 in a division of lot 4A shown on a plat in Deed Book 290, page 334, located on U.S. Route 29 north of Charlottesville and south of State Route 631, Charlottesville Magisterial District, Albemarle County, Virginia, dated October ii, 1978, drawn by B. Aubrey Huffman g Associates, Ltd. owned and developed by Landon Birckhead.) December 13, 1978 (Regular Day Meeting) Mr. Donald Gaston, Planning Department, gave the staff's report: Location: West side of Route 29 North just south of Rio Road (Route 631). Acreage: 1.36 acres. Zoning: B-! Business; adjacent tO B-1 and M-1. Proposal: Locate a food service business. Staff Comment: %~The development along this corridor of Route 29 across from the newly approved Father Mall must be very carefully~planned. Additional land and roadway usage cause concern for adequate circulation patterns capable of handling this extra loading. Pursuant to the Zoning Ordinance (17-5-8), the applicant must provide circulation access between adjacent properties to construct a service road. In order to allow circulation patterns the flexibility necessary for on- and off-site movement, a single entrance should be located as suggested by the Virginia Department of Highways and Transportation. Another major concern with this plan as shown is that adequate distance between parking stalls and the drive-in window stacking lane does not exist. The stacking lane should be 12 feet wide and would leave only 12 feet of aisle space (the ordinance calls for 20 feet of aisle space). Curg and gutter design does not conform to standards as required by the Virginia Department of Highways and Transportation and proposed slope embankments are steeper than allowed by the soil erosion ordinance. Landscaping on banks and the property to the north is inadequate. Staff can support this plan, but only with some major revisions. Recommended Conditions of Approval: 1. Show one entrance with design conforming to Virginia Department of Highways and Transportation requirements including drainage. 2. Provide adjacent property (north and south) internal access along with necessary easements. 3. Relocate or redesign building to allow adequate space for stacking lane~ aisle and parking, i.e., 12 feet, 20 feet, 18 feet respectively to the ~ south of the building. 4. Comply with soil eroszon ordinance. 5. Provide substantial shrubbery on banks and on property to north where bank is to be removed. 6. Provide water and sewer for existing structure to remain. 7. Signs shall comply with zoning ordinance. Mr. Gaston said the Planning Commission, at their meeting on November 28, 1978, gave conditional approval to this site plan, subject to the following conditions: 4. 5. 6. Comply with soil erosion ordinance. Provide substantial shrubbery on banks and on property to north where bank is to be removed. Provide water and sewer for existing structure to remain. Signs shall comply with zoning ordinance. Redesign exit to direct traffic to only turn right. Comply with Virginia Department of Highways and Transportation entrance specifications and obtain commercial entrance permit. Waiver of Zoning Ordinance 17-5-8. Dr. Iachetta asked if there were any possibility that the owner of this parcel and the owner of the East Coast parcel might get together and remove the ridge that is between the two properties. Mr. Gaston said the owner of the East Coast property will not negotiate. He then explained the numerous ingress/egress alternatives that had been discussed and said that that in/out entrances now proposed have been approved by the Highway Department. Mr. Gaston said he had checked the site plan which is on file for East Coast Oil and found that the property was not developed as shown on that plan. Mr. Ed Bain was-present to represent Wendy's and explained their reasons for wanting~a one entrance/one exit and the reasons why the building was sited as shown on the plan. Mr. Lindstrom asked if East Coast could be required to remove the ridge since they are not in compliance With their site plan. Mr. Roudabush said the East Coast property contains about three acres and he feels that the back part of that property will be developed, k~.en it is, the Planning Commission can require that the ridge be removed. Mr. Fisher suggested that the Zoning Administrator check the site plan for East Coast. The site plan for Wendy's being found in compliance with County ordinances, no action was taken on this appeal. Dr. Iachetta said he had asked that this site plan be brought to the Board because of two concerns, l) There will be a road left which runs on a ridge with about a 12-foot grade on either side, on the south side of the property. 2) He was not sure if the site is large enough for this kind of operation. December 13, 1978 (Regular Day Meeting) Agenda Item No. 5. Request for abandonment of portion of Leed's Lane. Mr. Tucker said he had received a request from two property owners on Leed's Lane (which if not a part of the State Systems but merely a road dedicated to public use at-this time) to abandon ahpor~ion~of Leed's Lane to public use. Mr. Tucker said the Planning Commission has reviewed this request and recommend this abandonment. Mr. Roudabush said Mr. Walter Cushman, developer of-Meriwether Hil.ls, did not complete this street because he felt at some time in the future the road would be extended into adjoining property. Recently, new owners on this street had asked when the road would be built. He said he would do it, but according to plans, it would be a turnaround and would require that front yards of these two houses be torn up. The owners asked him to look for another alternative and this is it. He was willing some 18 months ago to build the turnaroun¢ in order to rid himself of the maintenance of this road. Mr. Tucker noted that the owners on this portion of the road are willing to enter into an agreement for maintenance of the road. Mr. Fisher said in order for the Board to officially consider this request, a public hearing must be held. Motion was then offered by Dr. Iaehetta, seconded by Mr. Dottier, to set January 10: 1979, as a hearing date for this. request. The motion carried by the following recorded vote: AYES: NAYS: Messrs. Dottier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 6. Miller School: Request resolution for grant for historic renovation. Mr. James Cosby was present. He said a feasibility study was made for renovations at Miller School. The School has received a $75~000 grant from the National Historic Trust for replacement of the roof on the main building. The School must raise a matching amount. In order to do this, they are preparing appeals to foundations and philanthropic organizations across the U.S. This project has received the support of the Albemarle Historical Society and he requested the Board to adopt a resolution supporting this effort~ the resolution to be used as part of the appeals package. Motion was offered by Mr. Lindstrom to adopt the following resolution: WHEREAS the Board of Supervisors of Albemarle County, Virginia, recognizes the great value to the people of this County and to the State of Virginia, of the contribution made by the Miller School of Albemarle to the advancement of education, to the cultured and to the economy of this amea; and WHEREAS this Board recognizes the significance of the buildings a and grounds of the Miller School of Albemarle as an historic and 'architectural landmark which should in the public interest be improved, maintained and renovated both in order to preserve its cultural and architectural significance and to enable the school to continue its excellence in the field of education. THEREFORE, BE IT RESOLVED, that the Board-of Supervisors of Albemarle County, Virginia, does hereby endorse the architectural design for renovation of the Miller School of Albemarle prepared by Grigg, Wood and Browne, and expresses wholehearted support for the administration of the school in its efforts to fund the implementation of these plans. The foregoing motion was seconded by Mr. Dorrier and carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 7. Skipped temporarily. Agenda Item No. 8. Housing: Quarterly Report. Mr. Russell Otis, Housing Coordinator, was present. He said in the past the only topic discussed by the staff and the Board has been the Section 8 Rental Assistance Program. However, the scope of functions performed by the Housing Office has broadened significantly within the past 12 months. To begin, Mr. Otis, first gave an update on the Section 8 program. As of December 1, 1978, the Housing Office has written a total of 226 leases. Of this total, 146 are-currently in force. Since the program began, rental payments to local landlords in the amount of $257,302 have been made by the Virginia Housing Development Authority. Of the 80 leases no longer in effect, many were held by families who skipped out of their leases or were evicted. On the positive side: the program has been helpful in providing necessary assistance for 57 families by helping to get them out of debt and become financially independent, krhi!e the rent levels set by HUD are still not high enough to be competitive on the open market, the Housing Office is processing about 15 to 17 leases per month and an additional 25 to 30 applications. To date, 386 applications have been accepted. Leasing will continue as units become available The County has funding for a total of 208 units.~ Mr. Otis next discussed the County's Community Development Block Grant programs. In 1977, the County applied for funding for two projects: l) construction of a housing complex and activity center for the elderly in Crozet; and 2) acquisition of a facility to 'house a community health clinic in Esmont. Both of these projects are now well underway. At the Meadows site in Crozet, construction has been in progress since the middle of September and it is hoped the project will be completed in the early Spring. A feasibility study on a possible site for the health center is Esmont should be ready for the. Board's revmew in the near future. It is possible that this facility could be in operation by April. 086 December 13, 1978 (Regular Day Meeting) Mr. Otis said in May, at the request of the Albemarle Housing Improvement Program, the Board approved HUD applications for two additional programs: 1) acquisition and development of two or three parcels of land for mini-subdivisions tO be turned over to families who will participate in construction of their own homes; and 2) the installation of wells, septic systems or plumbing to bring homes of eligible families up to minimum standards. Final approval of this funding request was received on November 7, 1978. The Housing Office and the County Attorney's Office are working out procedures for expenditure of these funds so the work on these projects can begin. Mr.~0tis said this fall the County's federally mandated Housing Assistance Plan (HAP) was updated. This plan is a Combination of a needs assessment and a projection of how the County will remedy the problems which exist in the area of low and moderate mncome housing° This plan should be useful in setting housing goals for the County. Mr. Otis then requested an appropriation in the amount of $8,002 for employment of a Program Supervisor for the Section 8 Rental Assistance Program. This position was approved by the Board at their meeting of August 10, 1978. The Secretary II position in this office will be lowered to that of a Clerk Typist. Motion was then offered by Dr. Iachetta, seconded by Mr. Dottier, to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $8,002 be, and the same hereby is, appropriated from the General Fund and coded to 1K-!0$, Assistants: Housing Office. The motion carried by the following recorded vote: AYES: NAYS: Messrs. Dottier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Mr. Otis next requested an appropriation of $700 to cover an undereStimate in telephone and postage expenses for this fiscal year. Motion was offered by Dr. Iachetta to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $700 be, and the same hereby is, appropriated from the General Fund and coded to 1K-218, Telephone and Postage, Housing Office. The foregoing motion was seconded by MrJ Lindstrom and carried by the following recorded vote: AYES: Messrs. Dottier, Fisher, Henley, !achetta, Lindstrom and RoUdabush. NAYS: None. Mr. Agnor noted receipt of letter from the Virginia Housing Development Authority dated November 27, 1978, in which it is stated that they have completed reviews of the Section 8 Existing Housing Program in each administering locality. The review of Albemarle County's program operations was conducted on September 7, 1978, and disclosed no major problems of administration or violations of program regulations. The letter, from Ms. Joan B. Wilkinson, Program Manager, said Albemarle County is administering one of their better local programs and Virginia Housing has every confidence in the County staff's ability, and commended them for their fine performance. Agenda Item No. 9. Explanation of Housing Opportunity Plan - T. J. Planning District Commission. Present was Ms. Jane Saunier who explained that the Planning District Commission has agreed to proceed with the development of a Housing Opportunity Plan as part of its work program for this fiscal year. The development of this plan will allow the Planning District staff to assist the localities in updating and improving their Housing Assistance Plan, which is a necessary part of any Community Development grant application. She gave the following summary: Purpose. A Housing Opportunity Plan is a strategy aimed at encouraging, facilitating, and providing a broader geographical choice of housing opportunities for lower income households, including elderly. O~jectives. The Housing Opportunity Plan for Planning District X will provi'de"~or an allocation of housing assistance funds to the public and private sectors, within the participating jurisdictions, from six programs currently funded by Congress through the Department of Housing and Urban Development. The Housing Opportunity Plan will generate an overview of housing needs by household ~ype within each judisdiction and establish annual percentage goals for a three-year period to increase housing stock for owners and renters by household type and housing type. This plan will outline alternative methods for reaching these goals and address strategies for outreach and affirming fair housing practices. It will entitle the region to qualify for supplemental housing assistance funds as they become available and provide extra points to participating jurisdictions in ranking applications for Community Development Small Cities (formerly Block Grant) funds. Process: The staff will perform an initial needs assessment for all jurisdictions. This data will be available for updating of local housing assistance plans required for community Development Small Cities applications. A procedure for distributing housing assistance to meet the program purpose will be established based on: 1) current and projected changes in the regional popuiation~ 2) an assessment of the number of lower income hou§e- holds expected to reside in each jurisdiction on the basis of ourrent and December 13, 1978 (Regular Day Meeting) 0.8 future employment oppOrtunities; 3) pertinent factors identifiedin current local Housing Assistance Plans.; 4) the ability of each jurisdiction to accommodate assisted housing; and 5) area-wide policies for community and economic development, land use, transportation and environmental protection. Ms. Saunier said the main purpose in bringing this to the Board today is to request the Board to appoint a small task force to work on this project with the Planning District staff. Mr. Agnor said he would reconumend that Mr. Russell and himself be appointed. Motion to this effect was offered by Dr. Iachetta, seconded by Mr. Lindstrom, and carried by the following recorded vote: AYES: NAYS: Messrs. Dottier, Fisher, Henley, iachetta, Lindstrom and Roudabush. None. Agenda Item No. 7. (Discussed out of order.) Regional Library Budget ~Revision. Mr. Agnor said a letter from the Director of the Library, dated November 7, 1978, stated that in preparing for the use of Federal Funds for the current fiscal year, it was assumed that there would be an early resumption of the use of a professional librarian for the Joint Security Complex servzce following the departure of the then incumbent. She was replaced, temporarily at first, by a non-professional part-time worker who has proven so satisfactory that this arrangement will be continued indefinitely. This will release $3,000 of the Federal Funds which had been designated for this salary for a more effective use, namely to develop a conference travel budget, enabling library staff members to attend professional conferences of the Virginia and American Library Associations and to purchase some furniture and equipment for the administrative offices which were recently moved into new quarters. Since it is unclear as to whether approval Of the jurisdictions ms needed for such a shift in funds, the Board~of Supervisor's approval is requested. The Board of Trustees and the State Library have given their approval. Mr. Agnor said the planned use of State and Federal Library funds requires approval by the participating jurisdictional governing bodies. The actual use of the funds related to Library needs is a function of the Library Board. Analysis by the County Staff of an amendment to a regional agency's use of Federal or State funds is usually confined to its effect on local fund requirements, since actual need is often difficult to determine. The requested shift in funds will not affect local funds. The current Library budget of $701,204 contains an appropriation of $2000 for travel, and none for furniture. Mr. Agnor ~.recommended that the shift in funds be considered the responsibility of the Library Board and made the following comments: 1) Use of/Federal funds for capital needs is an appropriate use of non-recurring revenues. 2) Use of Federal funds for travel should be for needs essential to the operation of the Library of a non-recurring type, which are determined by the Library Board as the best use of these revenues. After a lengthy discussion of the request, and by consensus of the Board, motion was offered by Dr. iachetta, seconded by Mr. Dottier: to notify the Library Board that the Board suggests that these funds not be used for travel and conference purposes~ but that they instead be used for library program needs at the Jail, if that is possible, or for library needs elsewhere in the system; with a copy of this motion being sent to the ~artici- pating jurisdictions. The motion carried by the following recorded vote: AYES: NAYS: Messrs. Dottier, Fisher, Henley, Iaehetta, Lindstrom and Roudabush. None. At 12:20 P.M., motion was offered by Mr. Lindstrom to adjourn into executive session to discuss personnel matters. The motion was seconded by Mr. Henley and carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. The Board reconvened into open session at 1:40 P.M. with Mr. ~nley being absmat. Agenda Item No. 11. Public Hearing: SP-78-70. Charlottesville-Albemarle Rescue Squad and Seminole Trail Volunteer Fire Department. Locate a fire and rescue station on 3.3+ acres zoned B-1 Business. Property located on the west side of Berkmar Drive approximately 1000 feet north of Route 29 North. County Tax Map 61-M-U, Parcels 12-1 (part of) and 12-lA. Charlottesville Magisterial District. (Advertised in the Daily Progress on November 29 and December 6, 1978.) Mr. Tucker gave the staff's report: Character of the Area Properties along Berkmar Drive are zoned for commercial and light industrial uses and are being developed accordingly. This site is bordered on the west by Berkeley Subdivision. Comp?ehensive Plan The Comprehensive Plan shows an extension of Commonwealth Drive to Berkmar Drive in this area. 088 December 18, 1978 (Regular Day Meeting) Staff Comment SP-77-7@ permitting the Seminole Volunteer Fire Department to locate on a portion of this site was approved in December, 1977. Under the current request, the fire department would locate at the northern end of the site with the rescue squad occupying the southern end. Under the original application, residents of the area expressed concern about unnecessary use of the siren. Also, the fire department proposed weekly bingo for about 100 participants. In the draft Comprehensive Plan, Commonwealth Drive was proposed to extend directly to Rio Road. This was amended to connect to Berkmar Drive to discourage through traffic. The site plan for the fire department/rescue squad shows a connection to existing undeveloped right-of-way into Berkeley for emergency use only. Staff recommends that either this be a public road or that the Comprehensive Plan be amended to show Commonwealth connecting directly to Rio Road. Staff recommends approval subject to the following conditions (I and 2 are from SP-77-79): Site plan approval to including screening at. rear of site. Use of sirens only when necessary. Commonwealth Drive be extended through the site to Berkmar Drive as a public road. Mr. Tucker said the Planning Commission, at its meeting on December 5, 1978, recommended unanimously approval of this petition, with the first two conditions recommended by the staff and the following conditions: Access to Commonwealth Drive will be for emergency use only. Operation of bingo will end at 10:30oP.M. Mr. Tucker noted several letters from adjacent property owners: Bradley S. Malcolm who recommended that the building be sited so as to retain the woods to the back of the property; Caleb Stowe, who recommended that the site plan be conditioned on an effective buffer between the Berkeley Subdivision and the commercial uses on Berkmar Drive; and Mr. g Mrs. George H. Nichols, who objected to the proposed bingo games and parking for same. The public hearing was opened. There was an unidentified person present for the Seminole Trail Volunteer Department and Mr. Larry Claytor was present for the Rescue Squad. Mr. Fred Corne!l said he owns the property at 2800 Commonwealth Drive which abuts the proposed access road. He requested adequate screening along this property line. Mr. G. H. Nichols said he and his wife do not object to the building itself or the use of the building for ordinary purposes, but do object to the bingo games as a nuisance which can be avoided. Also, the way the building is presently sited, the parking lot will be almost in their back yard. Mr. Alan Scouten, a resident of Berkeley, said in the past this community has resisted any attempt to have Commonwealth Drive opened to Rio Road. When the Comprehensive Plan was drawn, they did agree to a connection to Berkmar if that became absolutely necessary. He said from looking at the site plan, many of the problems are caused by the plan itself and not the special permit. Mr. Fisher said when the County purchased this land for joint use by these org it was felt they would be able to share facilities such as parking, thus making the best use of the pareei. However, such items are part of site plan approval which is a separate question. Dr. Iachetta said he personally does not like bingo and also does not like for the volunteer firemen to have to be fund raisers. However, raising money for the operation is not easy. The County contributes $16,000 a year to the operation (as they do for all volunteer fire companies) and there has been no overwhelming response from the community for the building fund. Thus far, there have been no problems with the bingo games now being conducted by Seminole Trail at the Woodbrook School. The Fire Company was delayed six months in constructing their building because the County decided to purchase land so the rescue squad could put a satellite operation in the 29 North area. Dr. Iachetta said he had argued against connecting Commonwealth Drive to Rio Road and had won that battle, but he also argued against a connection of Commonwealth to Berkmar, and lost that battle. He still feels Berkley community is fully developed residentially, but when this facility is provided with a way to get service vehicles into the Berkeley/Four Seasons area without going onto Route 29, a public service has been provided. Dr. Iachetta said he could see no immediate need for the SO-foot roadway to connect these two streets, although it may come at a later time. If it does, only some parking would need to be removed and there would still be enough of the site left to put the parking elsewhere; but that is a part of the site plan review process. Mr. Roudabush said the site plan arrangement is not before the Board today. He looks at bingo as a temporary means to accomplish fund raising. He then offered motion to approve SP-78-70 as recommended by the Planning Commission, changing condition No. 3 to read: "Access from Berkmar Drive to Commonwealth Drive will be only for emergency use until such time that public access is deemed necessary by the Board of Supervisors." Mr. Roudabush said this condition will not require a change to be made in the Comprehensive Plan and the County has no funds allocated in their Capital Budget for this connection, so it is really not a part of the consideration. The motion was seconded by Mr. Dottier. December ~3, 1978 (RegRKar Day Meeting) 089 Dr. Iachetta said he felt this site plan will be a problem and amended the motion to add a condition #5 reading: "Site plan be brought back to the Board of Supervisors for its review." The amended motion was accepted by Mr. Roudabush and Mr. Dottier and carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Dottier, Fisher, Iachetta, Lindstrom and Roudabush. None. Mr. Henley. Agenda Item No. 12. Industrial Development Authority. 'Mr. Donald Holden, Chairman of the Authority, was present to give the Board information about a request for financing by the Authority. (Approval of this financing by the Board of Supervisors is required by Albemarle County Code Section 2-50.) Also present were Mr. Adolph O. Krisch, the petitioner; Mr. Riehardson,-his attorney in these proceedings; Mr. Pope from Hunton and Williams, bond counsel; and Mr. John W. Crews, representing the Virginia Medical Management Company. Mr. Holden began by saying that on October 6, 1976, SP-60-76 was approved by the Board of supervisors for Eldercare, Inc. to locate a nursing home facility on the north side of Hydraulic Road about one mile southeast of Albemarle High School. (Approval of the location of such a facility is required by Albemarle County Code Section 2-51.) The proposal~ for the Industrial Authority to zssue $4,385,000 in revenue bonds which will be used to acquire a 4.65 acre tract of land and to construct thereon and equip a 180-bed nursing home facility. This project .will be known as Eldercare Gardens. The nursing home will operating 30 skilled~ and 150 intermediate care nursing beds. Intermediate care is designed to provide long-term care to patients suffering from a long-term illness or disability where 24-hour attention is required from skilled and semi-skilled personnel. Skilled care provides patients with continuous nursing services which are closely supervised by a registered nurse in consultation with the patient'a physician. The nursing home will have an around-the-clock staff of nurses and attendants and out of a total payroll of approximately 110, the nursing home will have at least 12 registered nurses on the staff, 10 of whom will be on duty daily. While there will be no doctor on the premises, the nursing home will enter into agreements with several licensed physicians from the local area to be medical advisors for the nursing home and available on reasonable notice. The nursing home building will be of concrete masonry and steel construction with brick facing and will consist of an L-shaped three-story patient wing with an interconnected one- story common activities and administrative office area totalling 57,080 square feet of space. The construction plans call for a beauty salon, isolation room, examination room, doctor's and nurse supervisor's office, a physical therapy area and an adult day care center as well as a laundry facility and linen storage area. The administrative area will have a general office and administrator's office, a lobby area~ a waiting room and public lavatories. The food preparation and service area will include a completely equipped kitchen. Elderoare Gardens is a Virginia limited partnership and will lease the facility-from the Authority pursuant to an agreement of lease for rents sufficient to pay the prineipaI of, premium, if any, and interest on the bonds. The Limited Partnership essentially consists of members of the Krisch family of Roanoke, Virginia. Adolph O. Krisch, Joel Krisch, and Rosalie Kriseh Shaftman are the limited partners of Eldercare Gardens. They are also the founders and principal stockholders of American Motor Inns, Incorporated, which .is currently the largest franchisee of Holiday Inns, Inc., owning and operating 55 Holiday Inns in ten states and one in St. Thomas, U.S. Virgin Islands. The general partner .of Eldereare Gardens is Eldercare, Inc., a Virginia corporation, which is wholly owned by Sydney Shaftman. Sydney Shaftman is the husband of Rosalie Krisch Shaftman and Executive Vice President/Treasurer of AMI. The Partnership has entered into a management contract with Virginia Medical Management, Inc., a Virginia corporation, to manage the project. The principals of the management company are John William Crews and Thomas F. Hancock, Jr., Richmond, Virginia, attorneys specializing in the health care field. Mr. Crews is a licensed nursing~home administrator. Virginia Medical Management, Inc. will hire a licensed nursing home administrator to manage the project on a day to day basis. The construction and operation of medical facilities, including nursing homes, is regulated by the Virginia Department of Health which must make a determination that there is a need for any proposed medical facility before construction may be commenced. The Virginia Department of Health has determined that there, is a need for the facility and issued a Certificate of Need for the facility on February 18, 1977, and renewal of that Certificate on September 22, 1978. The formula used by the Department of Health indicates that there is a present need for 252 additional beds in the facility's service area. The proposed facility will provide 180 beds, leaving an unsatisfied need of 72 additional nursing home beds. This has been confirmed through hospital interviews conducted by Laventhol ~ Horwath, independent consultants employed by the Partnership to conduct a feasibility study for the facility. Current nursing home occupancy in the service area of the facility is 98%. It is anticipated that 80% or more the the facility's patients will come from Planning District 10; 25% of the patients are expected to be private pay, 73% are expected to be supported through the Medical, program, and 2% through the Medicare program. The Authority has entered into an Indenture of Mortgage and Deed of Trust with National Bank and Trust Company, Charlottesville, Virginia, pursuant to which the Authority has granted to the Trustee a first mortage on the project and a pledge of all revenues derived b~ the Authority from leasing the project. The sum of the proceeds of the bond issue will be deposited with National Bank and Trust Company to provide a Debt Service Reserve Account. This account is required to be increased by $448,000 by the interest earned on such account after completion of the facility; any monies remainmng in the Construction Account at the completion of the facility; and further by payments of reserve rent under the lease, if required, over a five-year period beginning on the first anniversay of the completion of the- facility. Any withdrawals from the Debt Service Reserve Account to. pay debt service on the ~ bonds must be repaid by the Partnership. O9O December 13, 1978 (Regular Day Meeting) 'As additional security, the Partnership will furnish a $300,000, five-year, bank letter of credit which National Bank and Trust Company is authorized to draw against to cover any default of the Partnership in the payment of its obligations under the lease or direct guaranty during the first five years the bonds are outstanding. A financial feasibility study was prepared by Laventhol g Horwath, independent certified public accountants, which showed the project's forecasted income to be sufficient to provide coverage of the lease payments. First Citizens Municipal Corporation, 1945 The Exchange, Atlanta, Georgia, a registered broker-dealer and a member of the National Association of Securities Dealers, is acting as underwriter in the sale and distribution of the bonds. Hunton g Williams, Richmond, Virginia, has agreed to serve as bond counsel for the proposed bond issue. Jones, Bird g Howell, Atlanta, Georgia, is serving as counsel to First Citizens Municipal Corporation. It is anticipated that R. E. Lee $ Sons, Inc., Charlottesville, Virginia, will'be the general contractor for the facility_under a fixed amount construction contract, and will furnish performance and payment bonds in the full amount of the construction contract. The following was listed as the anticipated use of bonds proceeds: Acquisition of land and related costs (1) Construction Equipment (2) Construction and equipment contingency Architect and engineering Title insurance, recording costs, tenant legal and miscellaneous Reimbursement to Partnership for legal fees paid to Messrs. Crews and Hancock in connection with obtaining Certificate of Need (3) Debt Service Reserve Account FeaSibility Study Bond counsel, underwriter's counsel, printing, engraving and miseel!aneous closing costs Funded interest Bond discount (First Citizens Municipal Corporation and other securities dealeers) (8%) '---,~:'S:.~9,000 2,520,000 245,000 ' j~!25,000 75,000 i2.~5o0 13,500 300,000 18,000 75,000 531,000 351,000 Total $ 4,385,000* Notes: ~----The Partnership is the present owner of the land, and will sell same to the Authority at cost ($91,575.00), plus $27,425.00 as reimbursement to the partners for interest on indebtedness incurred by them to purchase the land and to pay certain preliminary development costs. (2) Equipment will be purchased from Medline Industries, Inc., in the ordinary course of the company's business. The president, chairman of the board, and controlling shareholder of Medline Industries, Inc. is the son-in~law of Adolph O. Krisch, one of the limited partners of the Partnership. (3) Messrs. Crews and Hancock control the management company for the facility, Virginia Medical Management, Inc. It has already received the $13,500 from the Partnership which will be reimbursed for that amount from the bond proceeds. *In addition to reimbursement for the land and preliminary development costs and legal fees paid to Messrs. Crews and Hancock, the Partnership will be reimbursed $41,597 for other expenses incurred on behalf of the facility including certain architectural design expenses, and partial payments to Laventhol g Horwath for its report on the feasibility study. After a general question and answer session acquainting the Board members with the many elements involved in issuance of these bonds, Mr. Holden said they will try to have the remainder of the,needed information ready for the Board's review at the January 10th meeting. The petitioners Certificate of Need from the State Health Department expires on February 18 1979, and they need Board approval of this project before that time. Agenda Item No. 19. Executive Session: Personnel. At 2:55 P.M., motion was offered by Dr. Iachetta, seconded by Mr. Lindstrom, to adjourn into executive session to discuss personn~ matters. The motion carried by the following recorded vote: AYES: Messrs. Dottier, Fisher, Iachetta, Lindstrom and Roudabush. NAYS: None. ABSENT: Mr. Henley. The Board reconvened into open session at 3:58 P.M. Not Docketed: Mr. Fisher reminded the Board members of the Virginia Association of Cohnties/Virginia Municipal League legislative conference scheduled for tomorrow evening in Richmond. Mr. Fisher said~new Federal legislation concerning Payments-in-Lieu of Taxes has now been signed hy the President. Decemberk~t3, 1978 (Regular Day Meeting) Agenda Item No. 20. Appointments: A) Mental Health and Retardation Services Board. Motion was offered by Dr. Iachetta, seconded by Mr. Dottier, to reappoint Mr. Alfred A. Dofflemyer to another term as a member of this Board; said term expiring on December 31, 1981. The motion carried by the following recorded vote: AYES: Messrs. Dottier, Fisher, Iachetta, Lindstrom and Roudabush. NAYS: None. ABSENT: Mr. Henley B) Planning Commission.. Motion was offered by Mr. Roudabush, seconded by Mr. Lindstrom. to reappoint Mr. Kurt Gloeckner as an at-large member of the Planning Commission. Motion was then offered by Mr. Lindstrom, seconded by Dr. Iachetta, to appoint Mr. james R. Skove as the Jack Jouett District representative to the Planning Commission; said term to expire' on December 31, 1981. Motion was offered by Dr. Iachetta, seconded by Mr. Dottier, to reappoint Mrs. Joan Graves as an at-large member of the Planning Commission. (Note: The terms of Mr. Gloeckner and Mrs. Graves to be determined by a draw; one term to be for one year; and one term to be for three years.) Roll was called and the motions carried by the following recOrded vote: AYES' NAYS: ABSENT: Messrs. Dorrier, Fisher, Iachetta, Lindstrom and Roudabush. None. Mr. Henley (Clerk's Note: Mr. Gloeekner and Mrs. Graves, on December 18, 1978, in the County Executive's Office, drew for terms. This was witnessed before Mr..Fisher and Mr.. Agnor. Mr. Gloeckner drew the three-year term which will expire on December 31, 1981, and Mrs. Graves drew the one-year term which will expire on December 31, 1979.) C) Rivanna Water and Sewer Authority. Deferred. D) Welfare Board. Deferred. E) Planning District Commission. Deferred. F) Rural Transportation Advisory Group. Mr. Fisher recommended that this position stay vacant until told that it ms necessary that it be filled. G) Library Board. Motion was offered by Mr. Roudabush, seconded by Mr. Lindstrom, to appoint Mrs. Margaret Melcher as a member of this Board to serve out the unexpired term of Mr. James Craig who had resigned; said term expiring on June 30, 1981. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Dorrier, Fisher, Iachetta, Lindstrom and Roudabush. None. Mr. Henley Agenda Item No. 10. Appropriations. Mr. Agnor noted that Sheriff Bailey had been awarded a Division of Justice and Crime Prevention grant for the purchase of six mobile radios and four portable units. The grant was made on a reimbursement basis whereby the County must buy the units and will then be reimbursed 95% of the costs. These mobile units will be used to replace some older units that ~equire considerable maintenance. Before proceeding with the purchase of the units, an appropriation of $8800 is needed. Motion was offered by Dr. Iachetta, seconded by Mr. Dottier, to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $8,8D0 be, and the same hereby is, appropriated from the General Fund and coded to 6A-402A.1, Purchase of Radio Equipment, Sheriff's Office. The motion carried by the following recorded vote: AYES: Messrs. Dottier, Fisher, Iachetta, Lindstrom and Roudabush. NAYS: None. ABSENT: Mr. Henley. Mr. Agnor said a special appropriation was also needed .to pay for transcripts in the Fleming suit. These transcripts were authorized by the Board, but at the time the cost was not known. An appropriation of $712 is needed to pay for Volumes 2 and 3. Motion was then offered by Dr. Iachetta, seconded by Mr. Roudabush, to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $712 be, and the same hereby is, appropriated from the General Fund end'coded to 1H-228, Court Reporters and Transcripts, County Attorney's Office. The motion carried by the following recorded vote: AYES: Messrs. Dottier, Fisher, Iachetta, Lindstrom and Roudabush. NAYS: None. ABSENT: Mr. Henley. 092. December 13, 1978 (Regular Day Meeting) Agenda Item No. 13. Lottery Permits. A) Claudius Crozet Park, Inc.- For raffles to help finance repairs to swimming pool and upkeep of the park. Motion was offered by Mr. Dottier, seconded by Dr. Iachetta, to issue this lottery permit for the calendar year 1979 in accordance with the Board's adopted rules for issuance of such permits. The motion carried by the following_recorded~vote: AYES: Messrs. Dorrier, Fisher, Iachetta, Lindstrom and Roudabush. NAYS: None. ABSENT: Mr. Henley. B) American Legion Post 74. For Bingo games (to be conducted on Friday nights from 8 P . to ll P.M. at the American Legion Home on Route~250 East) and raffles to finance community proi6et~e, and general~operating expenses of the Legion. Motion to issue this permit for the calendar year 1979 in accordance with the Board's adopted rules for issuance of such permits, was offered by Mr. Roudabush, seconded by Dr. Iachetta, and carried by the recorded vote which follows: AYES: Messrs. Dottier, Fisher, Iachetta, Lindstrom and Roudabush. NAYS: None. ABSENT: Mr. Henley. Agenda Item No. 14. Audit Report for the Fiscal Year Ended June 30, 1978, for the Rivanna Water and Sewer Authority, was received as information. Agenda Item No. 15. Statements of Expenses for the Director of Finance, Sheriff and Commonwealth's Attorney for the month of November, 1978, were received. Upon motion by Dr. Iachetta, seconded by Mr. Dottier, these reports were approved as presented. The motion carried by the following recorded vote: AYES: Messrs. Dottier, Fisher, Iachetta, Lindstrom and Roudabush. NAYS: None. ABSENT: Mr. Henley. Agenda Item No. 16. Statement of Expenses for the Regional Jail for the month of November, 1978, was received. Upon motion by Dr. Iachetta, seconded by Mr. Dottier, this statement was approved as presented. The motion carried by the following recorded vote: AYES: Messrs. Dottier, Fisher, Iachetta, Lindstrom and Roudabush. NAYS: None. ABSENT: Mr. Henley. Agenda Item No. 17. Statement of Expenses incurred in the maintenance and operation of the Regional Jail for the month of November 1978, along with summary statement of prisoner days, statement of the jail physician and salaries of the the paramedics and the classifi- cation officer were presented. On motion by Dr. Iachetta, seconded by Mr. Roudabush, these statements were approved as read. The motion carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Iaehetta, Lindstrom and Roudabush. NAYS: None. ABSENT: Mr. Henley. Agenda Item No. 18. Report of the Department of Social Services for the month of October, 1978, was presented in accordance with Virginia Code Section 63.1-52. December 13, 1978 (Regular Day Meeting) 093 Agenda Item No. 21. Report of the County Executive for the month of November 1978 was presented as information along with claims against the County which had been examined, allowed and certified by the Director of Finance and charged against the following funds: Commonwealth of Virginia-Current Credit Account General Fund School Operating Fund Cafeteria Fund School Construction Capital Outlay Fund Textbook Fund Joint Security Complex Fund Town of Scottsville - 1% Local Sales Tax Federal Revenue Sharing Fund General Operating Capital Outlay Fund Mental Health Fund Crozet Elderly Housing Escrow Fund Total .~151. 72 392,642.45 1,245,034.92 53,687,95 326,4.26.16 17,587.46 56,921.73 286.15' 5,457.16 55,9'85.50 126,501.50 .3,281;02 $2,284,177.72 Agenda Item No. 22. Other Matters Not Listed on the Agenda. Mr. Fisher said the Board had received a memorandum from Mr. Agnor dated December 7, 1978, in reference to a Rivanna Authority Staff Report on Installation of Filter-Advanced Waste Treatment Plant (AWT). Mr. Agnor had suggested that this matter be scheduled for discussion at a future joint meeting with City Council. A meeting has been tentatively scheduled for January 18th at 5:00 P.M. with City Council to discuss this and several other matters of mutual concern. Mr. Fisher said the Mayor had sent the names of two appointees for the Joint Services Board; Mr. John Knapp and Mr. Frank Sherwood. The Board has not decided on their appointees at this time. Mr. Fisher noted receipt of an engineering report from Mr. Agnor dated December 7, 1978, on Point Sources of Phosphates-South Rivanna Watershed. Mr. Fisher said notice had been received from Mr. William Bradshaw, Director of Real Estate Assessments, that the reassessment notices, effective January 1, 1979, will be mailed the first week in January, 1979. Mr. Lindstrom asked if notices will be mailed to the individual property owners in the County telling them the effect of the proposed zoning ordinance on their property. Mr. Fisher said this was done in 1975 when a revision to the zoning ordinance was proposed and it caused a tremendous amount of confusion. Mr. Lindstrom Said he knew it might be confusing but felt the Board should do something to notify the citizens of the way the ordinance might affect them since enactment of the zoning ordinance is a serious action.. Mr. Agnor said the Steering Committee had discussed such a notice. They felt the Zoning Ordinance and Map will receive a lot of publicity and the people who are interested will find out how the changes affect their properties. Sending notices to citizens who do not care, until they come mn to find out what they can do with their property, would only create confusion. Mr. Dottier suggested that the individual members of the Board have neighborhood meeting~ in their districts to acquaint the citizens with the proposed ordinance. Dr. Iaehetta said the new ordinance is complex and it would be hard for him to explain all of the alternatives. Such meetings would require that a member of the staff be present. Mr. Fisher suggested that Mr. Agnor work up some cost figures on such a notice (includin~ a timetable); same to be presented at the next day meeting. Mr. Lindstrom noted that the Board members had received a copy of the following letter from Wendell W. Wood, written on UniTed Land COrporation of America stationery: "December 7, 1978 Board of Supervisors,Lindsay G. Dottier, Jr.,Gerald E. Fisher,J. T. Henley, Jr., F. Anthony Iaehetta,C. Timothy Lindstrom,W. S. Roudabush,Office of Board of Supervisors, County Office Building, Charlottesville, Virginia 22901 RE: Airport Acres Industrial Park Gentlemen: Please use this letter as evidence that all of the land recently rezoned for a olanned Industrial district is owned and cont~o~]~ ~7 ~_ December 18, 1978 (Regular Day Meeting) December 20, 1978 (Adjourned from December 18) I hope this meets with the requirement of the ordinance. Very truly yours, (Signed) Wendell~W. Wood President" Mr. Lindstrom said he was not sure this letter met the requirements of the ordinance. Mr. St. John said the Planning Department will get in touch with Mr. Wood. Mr. Agnor said the firm doing the computer study-had asked for a change in the descripti¢ of their work so as to incorporate a similar job for the Albemarle County Service Authority. Mr. Agnor said he felt this was the intent of the Board from the beginning and had told them t proceed. It will change the man hours of work and requires an amendment to their contract amount, but will not require an addtional appropriation. Mr. Agnor said he ha~ told them to proceed. Mr. Fisher noted receipt of the following letter in reply to an inquiry from the Board: "December 6, 1978 County of Albemarle Office of the Board of Supervisors County Office Building Charlottesville, Virginia 22901 Gentlemen: In response to Mrs. Linda W. Leake's letter of November 80, 1978, I am advising you of our recommendations. We feel that a 40,000 square foot lot will be sufficient if there is an approved drainfield site and a well site on that~property. We also reserve the right not to approve a lot if soils or other conditions directly related to public health are not suitable or sufficient. These are the recommendations of the Charlottesville-Albemarle Health Department. A copy of this letter is being forwarded to proper State officials for comments and suggestions and these will be relayed to you upon receipt. Sincerely, THOMAS JEFFERSON HEALTH DISTRICT (Signed) Richard A. Prindle, M.D.., M.P.H., Director" Agenda Item No. 28. At 4:47 P.M., motion was offered by Dr. Iachetta, seconded by Mr. Lindstrom, to adjourn this meeting until December 20, 1978, at 4:00 P.M. in the Board Room of the County Office Building. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Fisher, Iachetta, Lindstrom and Roudabush. None. " December 20, 19'~8 (Afternoon-Adjourned from Dece~ An Adjourned meeting of the Board of Supervisors of, Albemarle County, Virginia, was held on December 20, 1978, at 4:00 P.M. in the Board Room of the County Office Building, Charlottesville, Virginia; said meeting being adjoumned from December 18, 1978. PRESENT; Messrs. Lindsay G. Dorrier, Jr.,/J. T. Henley, Jr., F. Anthony Iachetta and W. S. Roudabush. ABSENT' , . .-~--- . :; -; -' -~-~aa~Mr. C. Timothy Lindstrom. OFFICER PRESENT: Mm. Guy B. Agnor, Jr., County Exenntive. The meeting was called to order at 4:11 P.M. by the Vice-Chairman, Mr. Henley, Immediate motion was offered by Mr. Iaehetta, seconded by Mr. Roudabush, to adjourn into executive session to discuss personnel matters. The motion carried by the following recorded vote: AYES: Messrs. Dottier, Henley, Iachetta and Roudabush. NSYS: None. ABSENT: Mr. Fisher and Mr. Lindstrom. The Board reconvened into open session at 7:80 P.M. and immediately adjourned. >er 18 ) ly