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HomeMy WebLinkAbout1975-03-12N3-5-75 AND 3-6-75 AND 3-12-75 The motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. ABSENT~ Mr. Carwile. At 10:35 P.M., motion was offered by Mr. Thacker, seconded by Mr. Wood to adjourn this meeting until 7:30 P.M. on March 6, 1975, in the Board Room of the County Office Building. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. None. Mr. Carwile. ~~~~Chairma'~n~~ 3-6-75 An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on March 6, 1975 at 7:30 P.M. in the County Office Building Board Room, said meeting being adjourned from March 5, 1975. PRESENT: Messrs. Stuart F. Carwile, Gerald E. Fisher, J.T. Henley Jr., William C. Thacker, Gordon L. Wheeler and Lloyd F. Wood Jr. OFFICERS PRESENT: Mr. T. M. Batchelor, Jr., County Executive. Mr. Wheeler opened the meeting by stating the purpose of this session was to conduct a work session on the proposed budget for the 1975-76 fiscal year. The areas of the budget to be discussed tonight were the schools and the section entitled "Revenues"~ ~ Mr. Clarence McClure, Mr. Carl Van Fossen, and Mr. Ray Jones were in attendance to report on their budget requests. At the conclusion of the budget presentations, Mr. Lloyd Wood made a statement regarding the status of the Juvenile Court facilities. Mr. Wood said he had received a report, and that it was going to be presented at his Committee meeting on Tuesday. He advised a complete report should be available to the Board on Wednesday, March 12, 1975. Mr. Wheeler asked if there were any nominations to the Equalization Board. It was stated that at least one and possibly two members needed to be appointed. No one on the Board had names to submit, and this matter was again deferred. The following persons were proposed as nominees for the Leaf Disposal Committee: Mr. Robert Brugh, Mr. Kelly Reynolds, Mrs. Harold Dixon, and Mrs. Estelle Shifflett. Motion to approve appointments of the aforementioned nominees was made by Mr. Wood, seconded by Mr. Carwile, and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. The meeting was called to a close at 10:30 p.m. by Mr. Wheeler. Chairman 3-12'75 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on March 12, 1975, at 7:30 P.M. in the Albemarle County Courthouse, Charlottesville, Virginia. Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. Absent: None. Officers present: County Executive, T. M. Batchelor, Jr., and County Attorney, George R. St. Jot The first item on the agenda was discussion of a bond on Four Seasons Roads, said matter being deferred from February 20, 1975. This matter was deferred in order to allow the developer, Mr. Daley Craig, to prepare a letter for the County stating the date by which the roads covered by this bond will be completed. Mr. Whe~le~i~sk~gh~g~ letter had been received from Mr. Craig. Mr. Batchelor said it was received at 3 P.M. today and the staff has not had time to check the figures contained in the letter with the Highway Department or any of the items in the letter with the County Attorney. He felt the matter should be deferred until such time as the staff can prepare a comprehensive report. Mr. Wood asked Mr. Craig to give an updated report on the roads. Mr. Craig said it is his intent to get the roads into the State system as soon as possible. He has obtaine~ bids on the two major items which are yet to be completed, however, the contractors have not given him a 3-12'75 Mr. Wheeler said information was to have been presented tonight on the updating of the bond presently held by the County. Mr. Craig said he had no information to presens. Mr. St. John said he had recommended that in order the keep the bond as surety, that Mr. Craig or his attorney give the County a letter stating when the work will be completed. This letter can then be sent to Travelers Insurance Company, the surety, asking them to acknowledge the date given and if the work is not completed by that date they ~i~l pay the $38,000+ bond to the County. However, Mr. Craig stated at the February 20th meeting that because there is no date on the bond, it is not in default. Mr. St. John said he does not consider that to be the situation. There needs to be an absolutely fixed date in that bond. Mr. St. John asked Mr. Craig what date he would commit himself to. Mr. Craig said December 31, 1975. Mr. Wheeler asked if the matter were deferred until next Thursday, March 20, if the contracts will be signed by that time. Mr. Craig said he would try to do this. Mr. St. John brought to the Board's attention that the County is only interested in a written statement from Mr. ~raig agreeing that the bond will be in default unless the work is completed by a certain date, andl~'not completed, the County can then call on the surety for payment. The County is not interested in the type of contract signed by Mr. Craig and his contractors. Mr. Carwile said it seems to be a question of whether or not the Board will decide on a given date and what that date will be. Mr. Fisher said this matter has been going on since July 2, 1973. He thought it should be referred back to the County Attorney and when he feels the matter is ready for action, place it back on the agenda. Mr. Wheeler said he was not willing to do this. He suggested March 26, 1975, as a suitable date. Mr. Craig agreed to this date. Motion was then offered by Mr. Fisher, seconded by Mr. Wood, to defer this matter until 7:30 P.M. on March 26, 1975. The motion carried by the following recording vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. (Mr. Carwile abstaining during the following discussion.) ZMP-316 and SP-446, Holy Comforter Catholic Church. from March 5, 1975. Action on these petitions was deferred Mr. Robert Tucker, Assistant County Planner, was present. He said these petitions were deferred so the Board could review the conditions of approval. He has spoken to Mr. Max Evans, the atchitect, about fencing and the Planning Department is receptive to the type of fencing he has proposed. Mr. Fisher asked if anyone had worked on the recreational aspects of this project. Mr. Tucker said the Planning Department has not. Mr. St. John said the documents were to have been drafted by the applicant's attorney and sent to h~1. o~fice for review. He has not received them. Mr. Fisher said that since last week he has received an indication that there may be low- income housing in this development. He is concerned that if there are several ranges of economic levels within the community, a general assessment for recreational facilities against all residents might be punitive on one group. Mr. Robert Huskey and Mrs. Karen Lillileth were present from the Charlottesville Housing Foundation. Mr. Huskey said he heard through the news media that if the residents wanted to join facilities such as a swimming pool, they would be assessed. Some planned unit developments make these facilities available on a fee basis. Assessments are made only for open lands. Tennis Courts, swimming pools and l~ke facilities are only available to residents, but anyone who wants to join, pays a fee. He had hoped that the facilities at this development could be handled in this manner so the low-income people would not be priced out by being required to join. Mr. Max Evans, was present. He said he has talked to several people who say it is better to have a general assessment for open space uses, playgrounds, etc. For special facilities, people would be required to pay a fee. Most people are concerned that there be a complete disclosure of what is required in the homeowners agreements. Mr. Fisher said this is his greatest concern. If these are formulated as non-profit facilities for the residents,and controlled by the residents, he wants to be sure that after a certain number of years, all people are not required to join in the recreational facilities. Mr. Wheeler said he understood this would be on a fee basis. Mr. Fisher said it is not written down. Mr. St. John said he thought the Board was concerned ~ha~this might be a country club, located in this planned unit development, open to the public, but very exclusive, which might preclude residents from joining because of the expense. Mr. Evans said he could have his attorney bring an outlihe of the documents immediately. Mr. St. John said his office can only review certain parts of the documents. The County cannot tell the developer what fees to charge. His office can review the restrictions to see that they do not violate any of the other conditions laid down. Mr. Wheeler asked~Lif Mr. St. John were saying that this Board does not have the power to set- the maintenance fees for these facilities. Mr. St. John said the Board has the power to say that in this planned unit development there will not be located a public club which is a separate busi- ness from the development and that the developer cannot own a restaurant, Club, etc. which is not part of the homeowners association and for which he charges a fee. Mr. Fisher said there are 43 acres included in this development which are to be commonly owned. He said a real structure needs to be drafted setting out w~m wi!l}~aintain the facilities. He does not think anyone living in this development should be denied the use of the open space or the recreational facilities. He feels open spaces ~o~ldt~eamaintained through a homeowner's association through a fee that is charged to all residents. But, high cost recreational facilities should be available for everyone to join if they are willing to pay the high cost of operatin~ such facilities. Mr. Wheeler said he felt this was the way it was set up, but evidently some of the Board members wanted to see it written down. Mr. Evans then asked if the Board would defer this matter for at least two weeks because some small legal problems need to be resolved. Mr. Wood then offered motion to defer any further action on this matter until April 9, 1975. The motion was seconded by Mr. Thacker. Mr. Wood said since this development will be brought to the County under several different ~. ~ the~e will be a certain amount of low income housin~ in the project he felt that _ _ 32~2_7~ housing project. He said there should be a mixture of economic levels in order to make a good balanced community. Mrs. Lillileth said the Charlottesville Housing Foundation has found that the only way they can afford to build low income housing is by putting just a few homes here and there on each persons site plan. Economically, the Housing Foundation could not put a great amount of low income housing in this project. Vote was taken on the motion at this point and it carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. ABSTAINING: Mr. Carwile. Restricted Road Request: Marshall Manors Subdivision. Mr. Tucker said that included in this subdivision there are eight lots below the 60,000 square feet minimum requirement. The Planning Commission has waived that requirement. ._This is presented for information only. The final sub- division plat of Marshall Manors shows 41 lots. This request for a restricted road is for Rima Ridge Road. Ail of the other roads are built to State standards. The property in Marshall Manors is zoned R-1. The average lot size is 2.3 acres. The smallest lot is 1.4 acres. Mr. Forrest Marshall, Sr. was present. He said Mr. Bill Roudabush was to have been present to represent him tonight, but was not here. After a short discussion, the Board deciding that further information was needed, motion was offered by Mr. Carwile, seconded by Mr. Fisher to defer any action on this request until April 9, 1975. The motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler. NAYS: None. ABSENT: Mr. Wood. Jefferson Area Board on Aging. Mr. Frederick Payne, Deputy County Attorney, said that the~a Board is requested to make three changes in the Joint Exercise of Powers Agreement for the Jefferson Area ~Board for Aging. The changes are as follows: 1) In theZ~i~S~ paragraph of the agreement, the County of Louisa has been stricken as a participating jurisdiction. 2) Section 5, Paragraph A, first sentence to be changed from: "The project or pass through of funds shall have been reviewed and approved by the Thomas J~fferson Planning District Commission and its Advisory C~uncil on Aging..." to: "The project or pass through of funds shall have been approved by the Thomas Jefferson Planning District Commission after review by its Advisory Council on Aging..." 3) Section 7, first sentence changed from: ,~h~Bgard shall consist of one (1) elected official for each member jurisdiction, or his designatee." to: ~The Board shall consist of one (1) representative appointed by the governing body of each member jurisdiction." Mr. Payne said he understood these changes were recommended by the City Attorney. was then offered by Mr. Carwile to approve and readopt the agreement as amended. seconded by Mr. Fisher and carried by the following recorded vote: AYES: Messrs. Carwiie, Fisher, Henley, Thacker and Wheeler. NAYS: NOne. ABSENT: Mr. Wood. Motion The motion was As requested by Mr. Wheeler, motion was offered by Mr. Fisher, seconded by Mr. Carwile, to appoint Edgar Paige and John O. Higginson to the Jefferson Area~Board on Aging. The'motion was carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Henley and Wheeler. None. Mr. Thacker and M~. Wood. Motion was offered by Mr. Carwile, seconded by Mr. Fisher to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $2,286.15 be and the same hereby is appropriated from the General Fund and transferred to the General Operating Fund for payment of the County's share of costs of the Jefferson Area Board on Aging and expenditure of these funds is hereby approved. The foregoing motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Appointments: Economic Development Commission. Mr. Thacker said this commission has always had a representative from the Virginia Electric & Power Company because of the work they do in locating industrial sites in Albemarle County. He recommended the name of Mr. William E. Kitchen, Charlottesville District Manager of VEPCO. Mr. Fisher offered the name of Mrs. Marjorie Jordan. Motion was then offered by Mr. Henley, seconded by Mr. Carwile, to appoint the above named persons to the Economic Development Commission for the 1975 calendar year. The motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Appointment: Equalization Board. Mr. Thacker offered the name of Mr. W. Allen Desper, Jr., as a member of the Equalization Board for the 1975 year. No other names being given, Mr. Thacker offered morion to appoint Mr. Desper. The motion was seconded by Mr. Fisher and carried by the following recorded vote: 3-]-2-75 Appropriation: Landfill Capital Expenditures. by Mr. Wood, to adopt the following resolution: Motion was offered by Mr. Carwile, seconded BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $80,378.02 be, and the same hereby is, appropriated from Revenue Sharing Funds and transferred to the General Operating-Capital Outlay Fund for expendi- tures incurred in purchasing equipment for the Ivy Landfill. The foregoing motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. As requested by the County Engineer, motion was offered by Mr. Thacker, seconded by Mr. Wood, to set April 17, 1975, at 10:00 A.M. as a public hearing date to amend and reenact Section 15-4 of the Albemarle County Code relating to the transportation of refuse in open or uncovered vehicles along County highways. The motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Mr. Wheeler said the Board has received a letter from the Loudoun County Board of Supervisors regarding utility rates and the fossil fuel pass through costs on the local level. The Board has been asked to support Loudoun~County in having the Governor call the General Assembly back into session to study this problem. Mr. Wheeler noted that he has been working on a committee formulated from the Virginia Association of Counties and the Virginia Municipal League on VEPCO rates. This committee has negotiated new rates for localities. Mr. Fisher said he felt this problem needs scrutinizing but he is hesitent to call the General Assembly back into session. Mr. Wheeler said presently working on this problem is his committee, a study commission set up by the General Assembly, consultants working for the State Corporation Commission and consultants for VEPCO. He felt it would be more appropriate to put pressure on the State Corporation Commission to look at any rate increase for electric utilities in the State of Virginia. He did not think calling the General Assembly back into session would accomplish anything. Mr. Wood agreed. Motion was then offered by Mr. Carwile to answer the request from the Loudoun County Board of Supervisors in the following manner: (!) Matters of energy, utility rates, and oil costs are of concern to Albemarle County; and (2) This Board does not support calling the General Assembly back into session at this time. The motion was seconded by Mr. Thacker and passed by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Report: Juvenile Court Facilities Committee. (Mr. Wheeler and Mr. Thacker abstaining during the following discussion. Mr. Carwile took the chair.) Mr. Wood said the committee met yesterday with the structural engineer and the county engineer. BasicallY, the structure under study, the Elk's Lodge on East High Street, is structurally sound, with the exception of the main floor, however, steel beams can be installed in the basement for approximately $1600 to remedy this. It was the unanimous decision of the committee that since the building is sound',~th~y would recommend to their respective governing bodies that the purchase option be exercised about May 7, 1975. Judge Zehler has agreed To the use of this building and will work with the architect to keep the cost of renovations within the estimated cost. Mr. Fisher said the Judge will be able to use the first floor with few changes. The second floor can be used with only painting and some minor work. The committee felt it would be advan- tageous to exercise the option so proper notice can be given to the present owner to vacate the premises within a year. Mr. Wood said a great deal of effort was been put into the Levy Opera House for over 18 months. Estimated cost of renovations to that building was $500,000. Through the efforts of this committee, it now appears that the Juvenile and Domestic Relations Court will be able to move into the Elk's Home at a savings of $!00,000 to the City and City. Corville Farms Road Bond. Mr. St. John said he has correspondence that shows the roads in Corville Farms are not acceptable to the State Highway Department. He has written to Travelers Insurance to say that the County treats the bond in default. They have replied that they will pay the bond or fix the roads themselves. Mr. St. John said he does not think the County should get involved in the developers affairs or determine how to fix the roads. Since Travelers Insurance has. said they will fix the roads, he recommended that the Board allow them to do this as long as Travelers gets a statement from the Highway Department that the roads, when completed, are acceptgble to the State. Mr. St. John said he would write Travelers and ask for a date by which the roads will be completed. If the County feels the date is unreasonable, they can object. Mr. Fisher offered motion to authorize the County Attorney to write to Travelers Insurance Company requesting them to complete roads in Corville Farms Subdivision acceptable to State Highway Department standards and to furnish the County a date by which this work will be com- pleted. The motion was seconded by Mr. Carwile and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Mr. Wheeler noted that the term of Mr. George 0mohundro, as a member of the Albemarle County Service Authority Board of Directors expires on April 16, 1975. He asked that this item be included on the agenda of March 20. 3-12-75 and 3-13-75 At 9:28 P.M. the Board took a short recess. When they reconvened, they continued with a work session on the 1975-76 County Budget. The following categories were discussed: l) 2) 3) 5) 6) 7) Board of Supervisors - Lettie Neher 2] County Executive - Page Godsey County Attorney - George St. John Director of Finance - Ray Jones Refunds - Ray Jones Purchasing Department - Calvin Jones Maintenance of Buildings and Grounds - Calvin Jones At 11:33 P.M., motion was offered by Mr. Carwile, seconded by Mr. Henley to adjourn this meeting until 7:30 P.M. on March 13, 1975, in the Board Room of the County Office Building. The motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. .~ .~ ~ Chairman 3-13-75 ~. An adjourned meeti~_, of the County Board of Supervisors of Albemarle County, Virginia, was held on March 13, 1975, in the County Office Building Board Room, said meeting being adjourned from March 12, 1975. PRESENT: Messrs. Stuart F. Carwile, Gerald E. Fisher, J.T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler, Lloyd F. Wood, Jr. OFFICERS PRESENT: Mr. T. M. Batchelor, Jr.s County Executive. Mr. Wheeler opened the meeting by stating the purpose of this session was to conduct a work session on the proposed budget for the 1975-76 fiscal year. The areas of the budget to be discussed were: a) Juvenile Court -- Judge Zehler and Miss Profit. b) Commonwealth's Attorney c) Registrar's Office -- Mrs. Marilyn Roper. d) Volunteer Fire Company -- Mr. James E. Samsell. e) County Fire Department -- Mr. Robert Sampson. f) Fire Marshal -- Mr. Kelly Reynolds. g) State Fire Extinction -- Mr. T. M. Batchelor, Jr. h) General District Court i) Circuit Court j) Clerk Circuit Court -- Mrs. Shelby Marshall. k) Regional Jail -- Mrs. Marian Rabinowitz and Mr. Albert Shank. 1) Bicentennial Commission -- Mr. Michael Gleason. m) Emergency Services Office -- Mr. Ronald Dower. n) Magistrate's Office -- Mr. D. D. Hudson. o) Sheriff's Office -- Sheriff George Bailey. p) Personnel Department -- Mr. Michael Carroll. q) Planning Department -- Mr. John Humphrey. r) Engineering & Landfills -- Mr. J. Harvey Bailey. s) Planning District Commission -- Mr. Robert Abbott. At the conclusion of this budget work session, the Board set Tuesday, March 18, 1975 at 7:30 P.M. in the County Office Building as the time and date of their next budget work session meeting. Mr. Lloyd Wood stated he wished to place the name of Mrs. W. Kirk Gilmore in nomination for the Leaf Disposal Committee. Motion to approve this appointment was made by Mr. Wood, seconded by Mr. Fisher, and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Mr. T. M. Batchelor recommended the Board approve an appropriation in the amount of'$200,000 for the purchase of the Elks Building for use as a Juvenile Court. ( Mr. Gordon Wheeler and Mr. William Thacker abstained from discussions, and Mr. Stuart Carwile took the chair.) Mr. Batchelor stated that one option payment would be $1,307.50. After considerable discussion as to whether or not the Committee had actually recommended the purchase of the Elks Building, i~ was decided to only appropriate funds to cover payment of the option for one month. Motion was offered by Mr. Henley, seconded by Mr. Wood to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $1,307.50 be and the same hereby is appropriated from Revenue Sharing funds and transferred to the General Operating-Capital Outlay Fund as payment of the first option period on the purchase of the Elks Lodge. The motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, and Wood. NAYS: None. ABSTAIN: Messrs. Thacker and Wheeler. Motion to adjourn until Tuesday, March 18, 1975 at 7:30 P.M. in the County Office Building was made by Mr. Wood, seconded by Mr. Fisher, and carried by the following recorded vote: