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HomeMy WebLinkAbout1977-03-02NO8O March 2, 1977 (Afternoon Meeting-Adjourned from February 16, 1977) March 2, 1977 (Regular-Night Meeting) Real Estate Assessment and 1977 New Construction Land Use Applications since January 1~ Personal PrOperty Base Increase Public Service Corporation Decrease Mobile Home Decrease An increase of 8.8% of total revenues. +$834,903 - 122,076 + 186,718 - 136,899 - 93,460 +8669,186 If tax rate cuts or increases are considered, each 1¢ on the Personal Property tax changes revenues $3,290 and each 1¢ on Real Estate rate changes the base $85,438. The 1976 rates of $.90 on Personal Property and 72¢ on Real Estate have been used to balance the budget. Ail other revenue increases are derived principally from an enlarged base or.expanding economy, and add only 1.4% to the total revenues. Reductions of $200,000 in the Use of Money and Property are caused by the use of interest earned on School Construction Funds being transferred to the General Fund in FY-77 to partially offset the debt service on Western Albemarle High School. This interest is not available in FY-78 as was known and planned when the transfer was approved in FY-77. Debt Service is now being paid from current revenues. Reduction of $95,647 in Non-Revenue sources is similar, with transfer from the carry-over balance being reduced from $124,300 to $36,487, a reduction of $87,813. The $36,487 is recommended to fund four positions in the Social Services Department if the positions are approved by the State. Their approval is not anticipated and the use of these funds is doubt. ful. These positions were approved in FY-77 by the County at the request of the State, and then were later denied approval by the State. A $1,200,000 reduction in the Virginia Public Assistance Fund was described earlier. An additional reduction of $272~855 is recommended in reducing appropriations to realistic levels. s~aD, y of Revenues: Details of revenues will be provided at budget work sessions. It seems impossible that a $341,232 reduction in total revenues from FY-77 would still provide funds for a $1,176,164 increase in education to open a new high school and meet other increases, but it will. Mr. Fisher announced that House Bill 855 on annexation was killed today. Agenda Item No. 3. Executive Session: Personnel and Land Acquisition: Motion to ad- journ into executive session was offered by Mr. Roudabush at 4:01 P.M. to discuss personnel matters and land acquisition. The motion was seconded by Mr. Henley and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. The Board reoonvened at ~:30 P.M. and immediately adjourned. ~am~rman March 2, 1977 (Regular-Night Meeting) A regular meeting of the Board of Supervisors of Albemarle-County, Virginia, was held on March 2, 1977, at 7:30 P.M. in the Albemarle County Courthouse, Charlottesville, Virginia. Present: Mrs. Opal D. David and MeSsrs. Lindsay G. Dottier, Jr., Gerald E. Fisher, J. T. Henley, Jr., F. Anthony Iachetta 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. Fisher. The meeting was called to order at 9:30 P.M. by the Chairman, Mr. Agenda Item No. 2. Request from School Buildings and Facilities Committee: Present were Mr. Carl VanFossen, Chairman of the School Board; Mr. Ronald Bauerle, member of the School Board and Chairman of the Committee; and Mr. Clarence McClure, Superintendent of Schools. Mr. McClure said a committee was formed last summer by the School Board to identify and prioritize;~,the need for updating and renovating the older buildings in the division. One project comes to the front as being needed fairly soon. It is attributed only to overcrowd- ing at this time. This project is for additional physical education facilities at Albemarle High School. The gymnasium and athletic facilities at Albemarle High School were designed for a school of 1,000 students. Currently the enrollment is about 2,200 and next year, even with the opening of Western Albemarle High School, the enrollment is projected to be about 2,100 students. Essentially all other vital facilities in Albemarle High School have been expanded to accommodate the zncrease in enrollment except for the gymnasium and support facilities for physical education. This year the tenth grade enrollment is about 780. Next year the combined ninth and tenth grade enrollments are expemted to be about 1,100, thus a 40% increase in the number of students must be accommodated in the Physical Education Program. March 2, 1977 (Regular-Night Meeting) 08i Health and physical education are currently combined and the students spend about 40% of the time in regular classrooms for the health segment of the curriculum. The remaining 60% of the time is intended to be spent in the gym in physical activity. The recent elimination of Driver Education as an acceptable substitute activity during physical education has been one cause of the current overcrowding. It is now very likely that the health component of the curriculum might likewise be separated from physical education. While this is desirable, leading to increased time and opportunity for actual physical activity, it will mean that the facilities will be taxed even more. Mr. McClure said the lack of adequate gym and locker room space has already resulted in a reduction in the abundance and variety in physical activity for the students. Sedentary activities, such as card games, which do not require gym space, must replace active sports. Also, the limited sime of the indoor facilities physically restricts the Variety of activi- ties possible. Physical education electives for eleventh and twelfth grades are completely out of the question. Due to the conflicts with the practice times for varsity teams, the gym is not as available for intramural sports as would be desired. The recent increased demand for girl's sports has added to the demands for space. The girl's facilities are inadequate. Additionally, the gymnasium cannot house safely and comfortably the spectators at most varsity~basketball games. The committee has been working actively with Mr. Hurt, Mr Raines, Mr. Bingler, and Mrs. Landon, and this group has unanimously agreed that the most appropriate action would be to add new facilities adjacent to the present o~es as expansion of the present gym is structurally impossible. After discussing and examining several different facilities in the area, and after consulting several construction firms dealing in pre-engineered buildings, a building plan has been developed which includes a new locker room facility of conventional construction and a large multifunctional field house. The field house, 100 x 200 ft., would be a clear span pre-engineered steel shell built on a masonry foundation with a synthetic poured-in-place floor. An adequate and desirable site appears to be available adjacent to the current facilities thereby permitting interconnectio] of the structure with the present building. Mr. McClure said the Committee estimated the cost of construction for such a facility at $500,000. A pre-engineered building could be completed in a relatively short time period, possibly by the beginning of the school year. The Committee requests the Board of Super- visors for funding from the current years budget, or alternately for approval of a appli- cation for funds from the Literary Fund rather than for inclusion in the capital outlay budget for next year. Mr. Fisher said he thought last year the proceeds of all bond monies, including accrued interest was given to the School Board. Mr. McClure said all of that money has not been spent to date. Some has been held in reserve to see what the greatest needs are. Most needs at Western Albemarle High School, with a few exceptions, will be met from that money. There may even be some excess. Mr. Fisher asked if the excess of that bond money could be used for this purpose and asked if there were an estimate as to how much money might be left. Mr. Bauerle said there was approximately $125,000 yet unappropriated. The balance will depend on what items are added at Western Albemarle High School which were eliminated from the build lng originally. Dr. Iachett~ asked how much it would cost to renovate Albemarle High School. Mr. McClure said he could not see a need for this. New facilities at Albemarle include the locker room, the cafeteria, the library, twenty-two classrooms, and the fine arts facilities. Mr. Fisher asked if it were realistic ~o~expect that the facility could be occupied by September, even if an appropriation were made tonight. Mr. McClure said he has been told by the construction people that it is realistic to estimate a year for construction. Mr. Bauerle said the proposal, which was stated previously, is what the Committee felt was a good alternative. The athletic people planned it so it could be used for a multifuctional field house. The size is dictated by the fact that the facility is planned to house indoor trac~. It woUld also be goodi for indoor tennis and could be used for community facilities. Mr. Fisher asked how the structure would be heated and cooled. Mr. Bauerle said it would have its own heating plant because the adjacent heating plant is not adequate. Mr. Fisher asked where the 'Board woUld get this much money for an appropriation. Mr. Agnor said there are two sources. 1) The Unallocated balance the County is presently ing which is to be used for c~pital needs; or 2) Under the new Federal Revenue Sharing Program, which begins in Apri%, those 'funds can be utilized for school purposes. Mr. Fisher said he felt as a way to proceed, there should be a Committee of the Board appointed to inspect the facilities with the School Board's Committee and to make a report at the March 9 meeting. Also, during this time, the staff should investigate methods of financ- ing. It was agreed that Mr. Roudabush, Dr. Iachetta, and Mrs. David would comprise the Board's Committee, and would meet at Albemarle High School at 2:30 P.M. on Monday afternoon to make an inspection of the facilities. Mr. VanFossen said the School Board has other capital requests which are not emergencies There are facilities that need renovations and expansions. He asked how the Board of Super- visors wanted to handle these specific requests. Mr. Fisher said the staff is presently working on a five-year capital budget, which will be updated annually. It would be best to combine the schools into that five-year planning, because the Board will have to allow for something in the tax rate each year to deal with these costs. Agenda Item No. 2A. Discussion: Scottsville Water System. item had been requested by Mr. Dorrier. Mr. Fisher noted that this Mr. Dorrier said the situation in Seottsville has not improved significantly since last year. The recent fire has focused attention on the situation and caused increased concern. One of the biggest problems in the Town are the outdated water lines which were installed in 1918 and have been there for the past sixty years. B~en first installed, water was pumped directly from thee[river. In 1968, when Totier Reservoir was put on line, the situation was reversed'. Presently the Albemarle County Service Authority is loosing about 50% of their treated water from leakage in the pipes. At this point, Mr. Dorrier showed two sections of pipe which had been removed from the line at the intersection of Warren and Valley Streets; not a part of the main line. These lines are the oldest in the County and in the most need of repair. He had asked the County Engineer and the Albemarle County Service Authority for March 2, 1977 (Regular-Night Meeting) a proposal to replace the lines to provide fire protection and an improved system all the way around. The proposal would basically provide that a new line be installed from the old line running down Valley and Main Streets and running the line past the Shopping Center to provide fire protection in that area. An eight inch line would be run from the standpipe at Totier down the existing line at the beginning of Valley Street. Mr. Dorrier said the fire hydrant at the intersection of Ferry and Main Streets was the fire hydrant used to fight the fire involving the Mill, which was located on Valley Street. This hydrant provides an optimum use of 625 gallons per minute. This hydrant was tested several days after the fire and found that the flow was ohly 470 gallons per minute, or a decrease of 25%. If a new twelve-inch line were run through the center of town, this would provide 2,000 gallons per minute throughout the business district and 500 gallons per minute throughout the residential area, and also 2,000 gallons per minute at the Shopping Center. If the plan is implemented, it would provide optimum fire protection for the Town of Scotts- villa. Mr. Dottier said the cost estimates for this project are $260,000 total. He under- stands that the County has Revenue Sharing Funds in an amount over $2,000,000 that is allocated but not appropriated. Part of the money was allocated for fire protection and he thinks that this project would be an appropriate use of that money. Mr. Dottier said that was basically the plan he proposed to the Board. Mr. Raymon Thacker, Mayor of Scottsville, was present. He said the water system in the Town is antiquated and zn need of repairs. The pipes have accumulated rust so that a six-inch pipe presently has only a four-inch flow and, theref6re there is no pressure through the hydrants. Mr. Thacker said he did not think the ramp at the James River, which the Board approved last year, would work. The river fluctuates constantly. Mud froze on the ramp and could not be washed off. The only way to get it off was with a front-end loader, but it was out of order right before the fire. He felt that if there had been water in the hydrants that night, they could have saved the Hotel. Mr. Thacker said when he found out that the Economic Development Administration had money available he prepared an appli- cation, but it was not approved. Also, in January of this year, he went to HUD to continue with funding for the Flood Management Control Program. He included in that application $100,000+, to upgrade the water system, but that also was denied. He said the line from the standpipe to the corner of Harrison and Warren Streets is a new eight-inch line. He asked why a twelve-inch line was recommended for the downtown area. Mr. J. Harvey Bailey, the County Engineer, was present. He said in order to achieve a flow of 2,000 gallons per minute with a 20 PSI residual at the intersection of Warren and Harrison, a second eight-inch line paralleling the existing line from the standpipe to that point must be installed. This will allow the installation of a twelve-inch main from the end of the eight-inch mains along Valley and Main Streets to the designated terminal to deliver the required 2,000 gallons per minute with 20 PSI residual. The present system has been tested and projected as capable of flowing 1,200 gallons per minute, with 20 PSI resi- dual at the intersection of Warren and Harrison Streets. Mr. Roudabush asked how long a flow of 1,200 gallons per minute could be sustained with the present storage tank. Mr. Bailey said the 250,000 gallon storage tank contains enough for two hours. Mr. Dorrier said this would provide fire protection for the first hours of a fire~ When Mink Creek impoundment is built the gates could be opened to provide flow down Valley Street. The ramp on the river could be used to provide fire protection at the lower end of town, with the new line and Mink Creek providing fire protection for uther areas. Mr. Fisher said he did not realize until seeing same, that the pipes were in such good shape. He asked if a 470 gallon per minute ~flow is being obtained in the hydrants all the way to the 'Mill. Mr. Dorrier said that is what was tested yesterday. Mr. Fisher said that is more water than is available in 98% of the County. Mr. Dottier said the line is in bad shape and needs to be replaced. Mr. Fisher said he understood when the ramp was approved, that the Scottsville Volunteer Fire Company would ~ake care of it. Everyone recognized there would be accumulations of mud. ~r. F. W. Shumaker said ~t had been taken care of unti the cold weather. A lot of the ramp is in the river. Mr. Roudabush asked if there were no need for' additional flow for fire protect±on if the system was adequate for domestic water users. Mr. E. E. Thompson of the Albemarle CoUnty SerVice Authority was present and said yes. Mr. Fisher said when Mink Creek was first discuSsed~ the Town was asked why they did no' build the llne 'and put a hydrant on it for lime Protection so they would not have to use treated water. He 'said he Understands that this has been ignored in the planning for the impoundment. Mr. Thacker Said no provision was made in the plans so far as the dam is eon- cerned, it was for flood control only, and did not have anything to do with fire fighting. Mr. Fisher said the Town has available Totier Creek, the James River and now Mink Creek three sources of water. Mr. Dottier said the hydrants would still be ineffective for fire fighting at the present time. Mr. Shumaker s~id there is no access to the river except at the one spot. Mr. Fisher said he has to balance this against the rest of the needs in the County. There are places in the County that have nothing like the amount of water available to Scottsville and which are very densely populated. There is a need for fire hydrants all over the County in areas where there is no fire pro~ection available. He is not convinced that Scottsville's needs should take precedence over all of these other areas, because it appears that Seottsville has more available water than any other area. Mr. Dorrier said it takes an hour to hook up to the water running down the James River. The fire system is inadequate and Revenue Sharing monies are available for capital improvements. Dr. Iachetta said he sympathizes with Scottsville but there is no way he can be con- vinced to spend $260,000 to hook to a system that can be pumped dry in two hours. He' represents a neighborhood in the County that has no fire hydrant and no water available. If talking about fire protection for a certain amount of money, the Town could build a diesel pumped draughting station at the base of Main Street which would provide water in that area of Town without installation of a twelve-inch line. Dr. Iaehetta said he could not justify this need with a n~mber of people involved .against other needs in the County where there is more potential for loss of life. March 2, 1977 (Regular-Night Meeting) Mr. Dorrier said Seottsville is twenty miles away and it puts them in a difficult position in fighting fires since they are a half-hour away from mutual aid. This requires them to be self-sufficient for at least the first one half-hour of a fire. Mr. Henley said it soulds like the Scottsville Fire Company has an organizational problem. Someone should be put in charge who knows how to hook up at the ramp and also is responsible for keeping the ramp cleaned. Mr. Fisher said he is not unsympathetic to the need and he knows there are serious problems, but the Board is presently dealing with this type of needs all over the whole County. He does not know how much money will be spent each year on fire protection, but he does not anticipate even $100,000 a year will be spent to upgrade facilities in the rest of the County. He does not feel that Seottsville should be the highest priority in the entire County for fire protection with the amount of water they have readily available already. Mr. Dorrier said he agrees that there are other areas in the County with similar prob- lems, but he feels the County has some responsibility for the Scottsville system. If the Board will not approve spending $260,000, he would offer motion that this matter be included in the capital outlay budget for consideration when alloting Revenue Sharing Funds. Mr. Fisher said he did not believe a motion was necessary to have this request considered in the capital budget. Mr. Fisher then asked Mr. Bailey if Scottsville is included in the study he is presently working on for fire hydrants ~in the County. Mr. Bailey said yes. Mr. Fisher said that in January Mr. Bailey had given the Board a report in which he recommended over eighty fire hydrants being installed. The Board asked him to go back and look at the lines serving ~he hydrants to see which were capable of serving hydrants and which were not. Mr. Fisher asked Mr. Bailey when the report would be returned to the Board. Mr. Bailey said he has to set some priorities on time. If the Board directs him to make this a number one priority, he could produce the finished project in two weeks. Mr. Agnor said Mr. Bailey's report of fire protection needs for the County is only one item in the capital needs budget. He assumed that the Board would not want to address only this portion until all capital needs for the next five years are considered. Mr. Roudabush asked if it would be feasible to clean a water line of this vintage to increase its capacity. Mr. Bailey said this has been discussed with Mr. Graham'of the Service Authority, but no final decision has been reached. Mr. Fisher said the County is making an on-going study and attempting to establish priorities for fire facilities in the County, and these will be a part of the capital improve merit budget. He asked if that were the intent of Mr. Dorrier's motion. Mr. Dorrier said if these facilities are already included in the five-year plan, that is fine, but he felt some consideration should be made so the engineering work could be done and a new line installed next year. Mrs. David said she did not feel she could make a commitment until ~she had seen the total report. She did not see how the Board could put this on as a number one priority on the list. At 9:00 P.M. the Board recessed and reconvened at 9:08 P.M. Agenda Item No. 3'. Public Hearing: An ordinance concerning fees for Soil Erosion Control Plans, Section 7-(d) of the Albemarle County Code. (Deferred from February 16, 1977. Agenda Item No. 4. Public Hearing: An ordinance to amend the Albemarle CoUnty Code, Section 18-43(c) concerning fees for Soil Erosion Control Plans. (Deferred from February 16 1977.) Agenda Item No. 5. Public Hearing: An ordinance to amend the Albemarle County Zoning Ordinance, Section 17-6-6, concerning fees. (Deferred from February 16, 1977.) Mr. Tucker said recently the Board of Supervisors adopted a resolution of intent to repeal Section !8-43(c) of the Albemarle 'County Land Subdivision and Development Ordinance and to amend Section 17-6-6 of the Site Plan Section of the Albemarle County Zoning Ordinanc, and Section 7-4(d) of the Albemarle County Code.' These 'amendments are needed in order to maintain the intent of the Code of Virginia concerning fees' for review of Sofl Erosion Plans The Code requires a fee of $25 for review of any Soil Erosion Plan and does not permit localities to increase that fee. The Planning Commission has recommended approval of these amendments. At this time the public hearing on these proposals was opened. With no one from the public rising to speak for or against the amendments, the public hearing was closed. Motion was then offered by Mrs. David, seconded by Dr. Iachetta, to adopt the following ordinance: AN ORDINANCE CONCERNING FEES FOR SOIL EROSION PLANS BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that the Albemarle County Code be, and it hereby is, amended in Section 7-4(d) thereof, as follows: SECTION 7-4(d): Upon submission of any plan submitted pursuant to Section 7-3 hereof, the applicant shall pay to the County of Albemarle a fee of Twenty-Five ($25.00) Dollars to cover the cost of the county to review and act upon such plan. AN ORDINANCE TO AMEND THE COUNTY CODE CONCERNING FEES FOR SOIL EROSION CONTROL PLANS BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that the Albemarle County Code be, and it hereby is, amended by the repeal of Section 18-43(c). 0'8 4 March 2, 1977 (Regular-Night Meeting) AN ORDINANCE TO AMEND THE ALBEMARLE COUNTY ZONING ORDINANCE BY THE AMENDMENT OF SECTION 17-6-6 THEREOF CONCERNING FEES AYES: NAYS: BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Section 17-6-6 of the Albemarle County Zoning Ordinance be, and it hereby is, amended to read as follows: Section 17-6-6. The governing body, by resolution, may establish from time to time a schedule of fees for the examination and approval or disapproval of site development plans submitted pursuant to this article. Such fee shall be paid to the County of Albemarle and shall be submitCed one-half at the time of filing of the plan or plans for which such fees shall apply and the remainder prior to final approval. The foregoing motion carried by the following recorded vote: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None· ~ Agenda Item No. 6. Public Hearing: Amendments to the Albemarle County Zoning Ordinance and the Albemarle County Land Subdivision and Development Ordinance as each of these pertain to sidewalks, curb and gutter (Deferred from'NOvember 3, and December 1, Mr. Roudabush presented to the Board the report of the Sidewalk Committee; said Commit-. tee appointed after the December 1 meeting. The Committee was composed of Dennis White, a Planning Intern; Randy Wade, a builder; Chuck R°tgin, a developer, R. G. Blalock, a resident of Canterbury Hills; Joe Wright, a realtor; Allen Bentonstein; a resident ~f Woodbrook Sub- division;, and Mr. Roudabush, as the Board's representative. Mr. Roudabush Said the report is the result of a study made by the Sidewalk Committee, who researched the cost and feasibility of mandating the installation of sidewalks in subdivisions. The thrust of the research was aimed at sidewalks in subdivisions containing single-family unattached units inasmuch as provisions for pedestrian pathways are already enumerated for apartments and town houses within the County's Subdivision Ordinance. Most recommendations allude to subdivisions of densities of two-dwelling:units per acre or greater. The investigation of the Committee into criteria used by Other communities for mandating the installation of sidewalks indicates that there is very little criteria used. Some require sidewalks based on the density of the area and some do not. Some have no criteria other than through choice of the developer. Some sidewalks are mandated by th~ governing jurisdiction. The Highway Research Council feels that a combination of density of development coupled with things like footpath generators should be the criteria used, and not just density alone. The definition of a footpath generator, as used in this report, is (a foot'traffic generator would be those entities which due to their service or product nature characteristically would be expected to draw pedes- trian traffic where located within a one-way distance of.I/8 mile, in other words, 1,750 feet and where foot traffic is a reasonable alternative to vehicular transportation in terms of convenience and safety.) Mr. Roudabush said Mr. Bentonstein, a member of the Committee, had asked that he read the following statement: "Mandatory installation of sidewalks in already developed areas should be used only as a last resort and only when the benefit accrues elearly~to~>those assuming the financial burden. Where the foot traffic generator is the primary beneficiary of sidewalk installation, the assessment should be made to such generators. This recognizes the gross inequity of assessments on only abutting property owners on retroactive installation." Mr. Roudabush summarized the report and then said the recommendations of the Committee are as follows: Do not require the mandatory installation of sidewalks using.the proposed density as a sole criteria, bUt rather build in flexibility by linking them in conjunction with the density and foot' traffic generators. In PrOPosed subdivision or cluster community subdivisions having a density of two-dwelling units or higher and where foot traffic generators exist, require the installation of sidewalks on one side of the proposed roadway for a distance of 1,750 feet. In proposed suburban or cluster community subdivisions having a density of two-dwelling units or.higher, and where foot traffic generators are eminent as eVidenced by their scheduling within a recurrent capital im- provements program, require the installation of sidewalks on one side of the pmoposed roadway for a distance of 1,750 feet. In proposed suburban or cluster community subdivisions having a density of two-dwelling units per acre, or h~gher, and where foot traffic generators are planned, but not within the scope of a current capital improvements program, require the grading and grassing of the right-of-way (on the side permitting on street parking) to a width equal to that of curb, guttering and sidewalks for a distance of 1,750 feet from such generators. Indicate a responsiveness on the. part of the Planning Commission to consider a citizen request for a review of the need for sidewalks ~ithin areas of the County. Mr. Roudabush said the Committee did not consider businesses, planned unit developments, or RPN Zones, because sidewalks would already be included on their Site Plans. He said the Committee would like to have certain portions of the report retyped, as there were a few errors made. One of the things that was left out of this report is that where low cost hous- ing is defined by HUD the Committee proposes that these requirements could be waived if the Planning Commission felt it was desirable. March 2, 1977 (Regular-Night Meeting) Mr. Fisher said he would like to have this report sent to the Planning Commfssion and have it reviewed in light of what their previous recommendations were on this matter. Motion was then offered by Mr. Roudabush that the report be updated and referred to the Planning Commission for their review and reconsideration of the proposed amendments. The motion was seconded by Dr. Iachetta and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 7. Lottery Permit Applications: On motion by Mr. Henley, seconded by Dr. Iaehetta, a Lottery Permit was issued to the Greenwood Ruritan Club, based on the Board's adopted rules for issuance of such permits. The motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Lottery Permit Application from the Arnold Air Society was deferred until March 9 in order to see if this group is qualified. Agenda Item No. SA. Appropriation: Refund-Joint Health Center. Mr. Agnor noted that a special appropriation in the amount of $1,500 is needed. This amount represents payment of rent by the State on the Joint Health Center for six-months ended December 31, 1978, which was erroneously deposited in the County's General Fund. Rental receipts on the Health Department are deposited to a separate account set up for maintenance of the building, and this amount needs to be transferred to that account. 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 $1,500 be, and the s~me hereby is, appropriated from the General Fund and Coded to 0-1015, collection and disbursements of taxes and other refunds. The foregoing motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 8B. Appropriation: Printing of Zoning Ordinance. Mr. Agnor noted that the contracted editorial work on the present County Zoning Ordi- nance was completed by Mrs. Hadden~'~and twenty-five copies were printed for use by the Board, the Planning Commission and staff. An appropriation of $460.60 is needed for this expense. Motion was offered by Dr. Iachetta, seconded by Mrs. David, to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $460.60 be, and the same hereby is, appropriated from the General Fund and transferred to Code 10E-226, for printing of a revised Zoning Ordinance. The motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iaehetta and Roudabush. None. Approval of Minutes: March 24 (afternoon), March 24 (night), March 31, April 6, April 7 (afternoon), April 7 (night), April 22, April 26, May 24, and May 26, 1976. This item was ordered carried over to the meeting of March 9. Agenda Item No. 10. Executive Session: longer any need for this executive session. Personnel. Mr. Fisher noted there was no Not Docketed: Mr. Fisher said Mr. St. John had drafted a charge to the newly appointed Board of Equalization. He asked that the members of the Equalization Board be invited to the March 9 meeting. Mr. Fisher noted receipt of a letter from the Jefferson Area Board on Aging stating that the term of Mr. Edgar Paige, Jr., expires on March 31, 1977, and they would appreciate it if he could be reappointed. Motion was then offered by Mr. Dorrier, seconded by Dr. Iachetta, to m¢~ppoint Mr. Paige as a member of the Jefferson Area Board on Aging for a two- year term which expires on March 31, 1979. The motion carried by the following recorded vote AYES: NAYS: Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta and Roudabush. None. Mr, Fisher noted receipt of an application of the Potomac Edison Company for an increase in rates. A public hearing will be held commencing at 10:00 A.M. March 28, 1977, in the Commissioner's Court Room, Blanton Building, R~chmond, Virginia. The purpose of this hearin~ March 2, 1977 (Regular-Night Meeting) is to receive evidence from the Company by the Commission Staff regarding the Company's need for a temporarty rate increase, prior to the complete investigation. Mr. Fisher asked that the appropriation for the Monticello Guard uniforms be included as an agenda item on March 9. Mrs. David noted that a report was received in January from the Charlottesville-Albe- marle Planning Committee for a Cultural Center. She said a member of the Committee had written and asked if the Board were going to pursue the matter. Mrs. David was appointed t¢ work on this project. Mr. Dottier then entered the report from J. Harvey Bailey, dated March 2, 1977, on the Scottsville Fire System. Mr. Dormier said he indicated his support of the report. Mr. Henley noted a call from a person in his district about an article which appeared in the newspaper recently concerning a seldom-used State Law that prohibits the possession of alcohol by certain individuals. A section of the Virginia Alcoholic Beverage Control Act of 1934 allows Courts to declare aleoho! off limits to individuals deemed habitual drunkards Under the law, a Circuit Court Judge may make an order of interdiction prohibiting the sale of alcoholic beverages to such a person, and any interdicted person found in possession of alcoholic beverages ms then subject to a one-year jail term, plus a $$00 fine. He said he felt the County Executive should check with the Sheriff and the appropriate Judge to get their feelings on the use of this section in the Albemarle County Courts. Mr. Fisher noted a problem in his district. There has been a series of breakings and enterings in the Batesville area. Recently there was one in the daylight on Route 692 in which $2,500 worth of guns were stolen. There have been so many during the last year or so that a meeting was called by the citizens of the area to discuss this matter and he was in- vited. He felt there ware others responsible and'he invited the Sheriff, the Com~nonwealth's Attorney and the Judge of the Juvenile Court to this meeting. The meeting was held Sunday afternoon at the North Garden Fire Company at which sixty-four citizens from the Batesville area were present. The Sheriff and Deputy Commonwealth's Attorney, Brad Stillman, indicated problems with State Laws, in that they are unable to keep offenders in jail. The whole meeting was not satisfactory because the citizens were very nervous, frustrated, afraid, and the Sheriff was unable to make any commitment, except to advise citizens to put locks on their doors, that they should have large dogs, and they should put "posted signs" on their property'. Mr. Fisher said he attemped to see if there were not something else the Sheriff could do by questioning him as to the need for further deputies, since the indication he has meeeived is that the citizens do not want to pay the cost of deputies salaries above that amount which is authorized by the SKate Compensation Board. Mr. Fisher said he has talked to the Sheriff twice since that meeting. He does not feel the problem is a new pmoblem, and he is having difficulty trying to find out exactly where the truth lies. He can understand that the people are concerned and frightened. He asked if the Sheriff can require help from the State Police if he is unable to deal with the problem. Mr. St. John said he can,b~ he does not think he will. Mr. St. John said perhDps a strong plea from the Board or the citizen's organizations themselves to the Judiciary, might change policies. TheState Law puts a certain limitation on the investigatory process. Mr. Fisher said he would like to take some action to request both the Juvenile Judges and the other appropriate Judges to invoke powers to incarcerate ~epeat offenders. He asked the Board to go on record to ask the Judges to take an affirmative action stand with respect to offenders. Mr. Dorrier said he was sympathetic to the' pligh~ of these persons and he would support a proper sentencing of criminals once they are oaugh~ but he 'asked if this wo~ld not be legislative interference in the judiciaI process. ~{r. Agnor said he felt the Bo~md would only be passing on the concerns of the citizens of the 'COunty that the Judges should be aware of. Mr. Fisher asked that Mr. St. John draft an appropriate resolution and presen~ the matter on March 9 for the Board's adoption. Dr. Iachet~a n6ted that the Resource Recovery Study Commission is now ready to select a consultant who will do the feasibility study. At 10:45 P.M., the' meeting was adjourned.