Loading...
HomeMy WebLinkAbout1975-11-1211-12-75 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on November 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: J. H. Bailey, County Executive, Frederick Payne, Deputy County Attorney, Ashley Williams, Acting County Engineer, Robert Sampson, Assistant to the County Executive, and John Humphrey, County Planner. No. 1. The meeting was called to order by the Chairman. No. 2. Approval of minutes. Motion was offered by Mr. Fisher, seconded by Mr. Thacker to approve the minutes of July 22, August 6, and August 7 with the following correction: On August 7, right at the very beginning of the meeting, the following letter written to the Board from T. M. Batchelor, giving his resignation, was omitted: "August 7, 1975 Board of County Supervisors County Office Building Charlottesville, Virginia Gentlemen: I have served as Albemarle County Executive since 1966. I have found the work and living in Albemarle County most enjoyable. I believe the activities of the County over the past nine years have been a credit to the elected officials, the citizens and to the employees of the County. These times have been difficult in handling rapid expansion and the changing needs of the citizens and demands of our various State and Federal agencies. I feel we have handled these most efficiently and effectively. It is now time for a change in the administration of the County. As you know, I ha~e been seeking employment with another firm for some time. Effective in September, my employment with Albemarle County should be terminated as I will be undertaking a new venture. ~ I thank you for your ~elp, your understanding, and in some cases perservance, wh~le we have endeavored to carry out the policies of the Board of Super';lsors and the laws that we are charged with. Sincerely yours, (Signed) T. M. Batchelor, Jr. County Executive" Motion was carried by the follo AYES: Messrs. Carwile, Fisher, NAYS: None. No. 3. SP-517. Faye Brya Motion was then offered by Mr. any action on the matter until vote: recorded vote: l~y, Thacker, Wheeler and Wood. Deferred from October 22, 1975. The applicant was not present. , seconded by Mr. Fisher, to defer the public hearing and ~er 19, 1975. The~mo~iQn was carried by the following recorded AYES: NAYS: Messrs. Carwile, Fisher, None. No. 4. UP-75-08. Tempora from September 24, 1975.) The applicant, Mr. Charles this meeting. The Board procee ~y, Thacker, Wheeler and Wood. ry Portable Signs, Amendment to the Zoning Ordinance. (Deferred C. M~tley, was not present although he had been notified of ~ed t6 hear the request in his absence. The applicant wants to have ava would be no flashing lights and permit. The applicant has stat and it would be helpful if they feels that a temporary sign, pz a permanent sign by simply beir changed or an extension of time regulate signs in Albemarle Cot committee's intent and therefoz denial because of the difficult Commission was also concerned a signs along Routes 29 and 250. i Mr. Humphrey stated that th s r~quest came to the Board by way of a.~etter to the Zoning Administrator requestin¢ this.amendment in zones A-l, B-l, M-l, and M-2. The present County Ordinance has provisions for temporary signs but has limitations of sixteen square feet. i ' lable the right to lease signs to different organizations. There h ~ · t e ~igns would be temporary with a thirty day limit on each ed that these are presently allowed in the City '.of Charlottesville could be allowed in Albemarle County. Mr. Humphrey said the staff ~vision<.as described, could be abused and would eventually become ~ renewed or applying for a new sign permit each time the message was ~equested. The staff also feels that in order to more effectively nty that a temporary portable sign would not be in keeping with the sign e recommend denial. He said the Planning Commission also recommends y of policing the signs and the safety of these signs. The Planning bout aesthetic values feeling there might be a proliferation of these Mr. Wood said when Mr. Motley went to get a sign permit it was thought that the request might fall under regulations within the existing Zoning Ordinance. However, the Zoning Administrator had ruled that this did not fall under what was specifically listed in the ordinance and therefore 11-12-75 Mr. Wheeler asked if there was any support for this amendment from the Planning Commission. Humphrey said he was not aware of any support. ~ Mr. Mr. Wood said he was at the Planning Commission meeting and felt they were concerned not with the sign itself and its use but wi~h the fact that the use might be abused. The applicant was present at that time and had assured the Planning Commission that each time the message changed on the sign, it would be %he end of the lease. This is not something which the owner controls but something which would be policed by the applicant. Mr. Wheeler then asked if anyone from the public wished to speak for or against the request. No one spoke. Motion was then offered by Mr. Carwile, seconded by Mr. Fisher, to deny the request for UP-75-08. The motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 5. SP-514. Woodsmen of the World. Fraternal Insurance Society. deferred'~from September 24, 1975.) (This public hearing was Mr. Roy Campbell was present representing the applicant. Mr. Humphrey said this request is for a fraternal lodge on 38 acres located in the northern portion of the county on the north side of Route 604. This area is rural in character with a substantial amount of single-family development along Route 817 and Route 604· In the immediate area there are 12-single family dwellings, two mobile homes, and one church. The area has ~olling terrain with steep slopes. The applicant proposes to locate picnic shelters, a Little League diamond, a lake, and other recreational facilities. Eventually, a lodge for indoor recreational and social activities will be built for members of the lodges as well as others. Also, proposed are summer camps for the ranger and the rangerette programs. The family- type activities which the applicant proposes, would be compatible with this area. However, if the facilities are made available to other groups, it should be with the understanding that the Woodsmen are responsible for their actions. The access to the 15-acre site is an old road which may require improvement· Mr. Humphrey said~:~he Planning Commission recommended approval of the permit with the following conditions: .~_ ...... 1. Site plan to be approved by the Planning Commission. Entrance to be located at the southern end of Lamb's property. Applicant should consult the Highway Department for exact location before construction of the entrance. Right of .way to be used by Woodsmen of the World to be located on the west side of the existing tree line in order for same to..serve as a buffer to the church and the Woodsmen of the World right of way. Entrance off of Route 817 to be limited to maintenance and service vehicles only with a chain and lock on the entrance at all other times. Motion was then offered by Mr. Henley, seconded by Mr. Fisher to approve the permit with the conditions recommended by the Planning Commission. Motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 6~ Cushman Realty--Central Well Permit. Mr. Humphrey said that on August 28, 1974, approval was given to SP-382 on which one condition read: "When the pumpdow~.~tests~are~completed~ the County Engineer is to report to the Board of Supervisors the number of units he feels can be added to the system." The request at this time is for an additional thirty-eight units bringing the total units to be served to ninety. (See Minute Book 12, Pages 127-129.) M. Humphrey then read into the record a memo from the County Engineer dated November 5, 1975. "November 5, 1975 FROM: J. Ashley Williams SUBJECT: SP-382 - Central Well Permit for Walter Cushman at Meriwether Hills As reported in my October 17, 1975 memo, an inspection of the pump testing of well number 2 at Meriwether Hills was made by this department. As part of the conditions of SP-382 for testing of the well, both number 1 and number 2 wells would be tested simultaneously. At the end of the 48 hour pump test, well number 2 was being pumped at 37.5 g.p.m. Well number 1 was also pumped simultaneously and its output was recorded at 15.5 g.p.m. This made a total output for the pumping of the wells at 53 g.p~m. Past approval of well number 1 has given 52 connections for 26 g.p.~m., which well number 1 was being pumped at in March of 1972. Subtracting the 26 g.p.m, from the total output of the well - 53 g.p.m., it leaves 27 g.p.m. ApPlied at one gallon per minute per connection as made in the condition of SP-382, then an additional 27 units can be added on to the well system." Mr. Humphrey said condi%ions~':c~nt~ined, tn th~:...'m~mOr~ndum:~..would:.~limit~.~heJ:numbe~ o.fe cOn~c~ions~-~o 79. He understands that the test did not indicate the total capacity of the well as it is limited by the type of pump presently used. This special permit would allow connections to be made to the first phase of Lewis Hill West for which a plat ~s now pending final approval by the Planning Department. Mr. Fisher asked if these two wells are at the same place in the ground. Mr. Cushman said they are about sixty feet apart. When the first well was drilled, they hit water at 265 feet. When the 11-12-75 the houses. Mr. Cushman said he has a log on well number one which shows four years of performance. There have never been any problems with service. Well number two tested better because it has a larger pum~% ~VEPCO will not provide him with three phase current. Mr. Cushman said he feels this whole matter is ridiculous and asked the Board to leave the matter of water approval to the State Health Department. Mr. Fisher said from looking at the log, it appears that well number one had pumped 26 gallons per minute in 1972 and is now down to 15½ gallons per minute. He asked if this were the same well. Mr. Cushman said yes. Mr. Bailey said there was a difference in the physie&l situation. The well driller, Mr. Moore, was conscious that there is a ground connection between the two wells and that is the reason the Board had insisted that the two be pumped simultaneously. The County Engineer's office thinks that 26 gallons per minute is valid as originally tested if you consider one well at a time. For that reason, the 26 gallons were assigned to the original well which was approved to serve 52 units. Then, the total production of 53 gallons per minute both we~ls produce simultaneously is~reduced by the twenty-six already allot%ed to the first well making an additional twenty-seven gallons per~.~inute. Under the Board's-revised rules for approving well permits, this would provide for an additional twenty-seven units. The two wells were considered as one water source. Mr. Cushman said the State Health Department has strict rules on the furnishing of water. He has been in this business for over thirty years. He felt the Board sho. uld withdraw from the matter and let the State Health Department handle same. He said the Board's idea of one gallon per minute per unit is ridiculous. He asked that the number of units to be approved be reconsidered. Mr. Henley said if the well is not sufficient, the State Health Department can do nothing to help alleviate the situation. Mr. Wheeler said the Board has an adopted policy and until that is changed it will be the policy. Mr. Thacker said he could agree with Mr. Cushman to' some extent. No one on the Board is a water expert. However, he thought at the time the water systems in Flordon and West Leigh Subdivisions were approved, the State Health Department was the~only approving agency. He knows the Albemarle County Service Authority spent money hauling water to those subdivisions because the systems failed. He said this is also something this Board must consider~ Mr. Fisher then offered motion to approve a total of 79 units to be served by this well system based on the pumpdown tests taken and the report made by the County Engineer. The motion was seconded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. No. 7. 29, 1975. Report--Totier Creek, request for additional dredging. Deferred from October Mr. Sampson said he understood this request had come from citizens to have some seven hundred lineal feet of dredging along the shore line of the lake. They would like to have it dredged down to a depth of three feet so the fishing boats can get in close to the shore. He said the County is presently putting.in a boat ramp and have dredge~ an area from the boat ramp down to the deep channel. The estimated cost of this request, from th~ county Engineer is $5,000. Mr. Sampson said he could not recommend this work since he feels there~are other priorities. The well drilled for the com{ort station was drilled to 310 feet and is dry_ In order to supply Totier Creek with water that ~s usable in the comfort station, it will cost ~6,000 to tap onto the w~'%er line. Mr. Thacker asked if there had been a determination made about algae growth andLi%s effect on water quality. Mr. Bailey said he had talked with Gene Potter, ~irector of Operations for the Rivanna Water and Sewer Authority. Mr. Potter did not indicate that this was a problem. He said that over a long period of time, it might become a problem, but around the edge of the lake is not a great concern. Mr. Bailey said the Soil Conservation Service recommends a depth of three feet, but it is not so much for control of algae growth as for other types of plants which manifest themselves ths~e. Mr. Bailey said he did not think that this d~edging would ~o anything to benefit the quality of the wa%er in the lake. Mr. Thacker said that was sufficient information and he could not recommend th~ expenditure of funds. Mr. Sampson asked if the Board would like to discus~ Route 726. Mr. Wheeler suggested that he draft some fie on November 20 with this request. ~n appropriation for a water line from ~s and facts and come back to the Board No. 8. Lottery Permit--Stony Point Volunteer Fire Company. Motion was offered by Mr. Carwile, seconded by Mr. Wood to approve this lottery permit conditioned on rules adopted by the f . Board of Supervisors. Motion carried by the ollow~ng recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 9a. Appropriation--Lease and Renovation of Wilhoit Building. Mr. Ray Jones, Director of Finance, was present and requested an appropriation of $73 952.00 to cover rent, renovations, which will be incurred when the Planning, electric current, water service, fuel, and moving expenses Engineering, Building Inspections, and Zoning Departments 1 a lease was recently signed. Motion was then offered by M BE IT RESOLVED by the Board of Supervisors of Ail ~hat $73,952.00 be, and the same hereby is, appropria' and transferred to the General Operating Fund~and code~ in Code 14, Maintenance of Buildings and Grounds, for by signing of lease on the Wilhoit Building. Motion was seconded by Mr. Henley, and carried by the ~ove into the Wilhoit Building for which Wood to adopt the following resolution: emarle County, Virginia 2ed from the General Fund under various categories rent, etc., occasioned following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler a]~d Wood. NAYS: None. 11-12-75 present. Mr. Jones said this request is for an appropriation for a local match on three A95 grants from the Division of Justice and Crime Prevention. Two grants are for salaries, and~¥one grant is for equipment. One salary grant:~is a renewal of a prior grant; that being for medical personnel at the jail. The second is a new application for salary of a classification officer and the other is an application for recreation equipment. Motion was then offered by Mr. Carwile, seconded by Mr. Wood to authorize a revision to the Joint Security Complex in the amount of $1,768.00 under Code 190-405, Recreational Equipment and to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $334.82 be, and the same hereby is, appropriated from the General Fund and transferred to the General Operating Fund and coded to 18C.5; this money to be used for Albemarle County's share of certain grants awarded to the Joint Security Complex. The motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler, and Wood. None. Mr. Shank said this would probably be the last chance he would have to address this Board of Supervisors and he would like-i~to thank them for their support and the reception given him in the operation of the Joint Security Complex. Mr. Wheeler said he had recently met with the newly elected members of the Board who will take office on January 1, 1976, in order to arrange orientation sessions. They have requested that in order to serve in an official capacity until such time as they take office that the members be appointed a a committee to interview, screen, and negotiate with persons seeking the position of County Executive, Motion was offered by Mr. Carwile, to appoint Mrs. Opal D. David, and Messrs. Lindsay G. Dorrier, J~¥~Gerald!~E~Fisher, J.~.~:T..~ Henley, Jr., F. A. Iachetta, and William-'~S. Roudabush as this committee. The motion was seconded by Mr. Fisher and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler, and Wood. None. Mr. St. John said it had recently come to his attention from Mr. Ray Jones that Albemarle County may have been shorted along with several other counties in Virginia on Revenue Sharing Funds. Several other counties have suits pending and although their case is somewhat different accounting wise, the principle~is the same. Mr. James Bowling has been over the matter with Mr. Jones and the county auditors. They have been to the Office of Revenue Sharing in Washington, D. C., to talk with Revenue Sharing lawyers and Revenue Sharing officers to see if they would voluntarily pay the County the amount Mr. Jones feels the County is due, approximately $300,000.00. Mr. St. John said this arose because of the forms which the Revenue Sharing used. The forms were drafted in such a way as to make it impossible for the County to accurately reftect~f~gures. These forms have now been corrected. The Office of Revenue Sharing has now taken the position that the County did not complain soon enough and they will not voluntarily go back and make the correction. Mr. St. John said this is a question of law and he feels that the County has a good chance of winning a case. The lawyers for the Revenue Sharing Office have said they cannot voluntarily go back and pay the County unless the County gets a favorable ruling from a Federal Court stating that the County has standing and has not failed to exhaust administrative remedies. Mr. St. John said other counties have filed suit against the~ Office of Revenue Sharing and have hired outside attorneys. He understands they charge 20% of the amount recovered and the County must also pay accountants fees. Mr. Wheeler then recommended that the Board authorize the County Attorney to proceed With filing a suit on behalf of the County. Motion to this effect was offered by Mr. Carwile and seconded by. Mr. Thacker and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. At 10:00 P.M., motion was offered by Mr. Carwile~ seconded by Mr. Wood to adjourn this meeting until November 19, 1975, at 7:30 P.M. in the Albemarle County Courthouse. The motion carried by the following recorded vo~e: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler, and Wood. No ne. 11-19-75 An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on November 19, 1975, at 7:30 P.M. in the Albemarle County Courthouse, Charlottesville, Virginia, said meeting being adjourned from November 12, 1975. PRESENT: Messrs. Stuart F. Carwile, Gerald E. Fisher, Jz T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler, and Lloyd F. Wood, Jr. (Mr. Wood arriving at 7:55 P.M.) ABSENT: None. OFFICERS PRESENT: County Executive, J. Harvey Bailey, County Attorney, George R. St'~ John, and County Planner, John Humphrey. The meeting was ca,tied to order by the Chairman.