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HomeMy WebLinkAbout1975-11-20(11-20-75 Day) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held at 9:00 A.M. in the Board Room of the Albemarle County Office Building on November 20, 1975. PRESENT: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. OFFICERS:~ Messrs. J. Harvey Bailey, County Executive; Robert Sampson, Assistant to the County Executive; George R. St. John, County Attorney; Frederick Payne, Deputy County Attorney; John Humphrey, County Planner; and Ray B. Jones, Director of Finance. Meeting was ca'lled to order at 9:10 A.M. by Mr. Wheeler, Chairman, and began with the Lord's Prayer. No. 3. Approval of Minutes: Mr. Fisher noted no corrections for the July 23, 1975 meeting. August 13, 1975 meeting on page 234, the name John S. Morrison should 'read John S. Watterson. Motion was offered for approval with corrections as noted by Mr. Carwile, seconded by Mr. Fisher, and carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler. None. Mr. Wood. Mr. Fisher said he had also read the minutes of August 18, 1975 and found no errors. Motion for approval was offered by Mr. Fisher, seconded by Mr. Henley, and carried by the following re- corded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler. None. Mr. Wood. No. 4b. Earlysvi!le Heights Roads: Mr. Charles Perry of the Virginia Department of Highways and Transportation said the final plans for the cul-de-sac on Ridgemont Road had not yet been received, but was informed that the necessary changes had been completed bringing the cul-de-sac completely onto the right-of-way. Mr. Daniel Barney of Ridgemont Road, Earlysvil!e, said the cul-de-sac is located within the right-of-way, but not centered within that right-of-way as shown on plat filed with the Clerk to the Circuit Court. Mr. John Humphrey said the right-of-way was accepted by the County, and that it is up to the Highway Department to accept or reject the location of the road within that right-of-way. Mr. Carwile and Mr. Thacker both concurred with Mr. Humphrey's statement. Mr. Barney then asked if the temporary turn-around would eventually become permanent, or be extended into the main road. Mr. Humphrey said at which time there is further development, the road would be extended and the turn- around eliminated. Mr. Barney said he felt the easements were not properly listed in his deed of trust when he PUrchased the property. Mr. Wheeler and Mr. Carwi!e said it sounded like a matter Mr. Barney should discuss~~ with his private attorney. No. 4c) Public Hearing, Abandonments Route 20 North. (Advertised in the Daily Progress on November 5 & 12, 1975) Mr. Charles Perry, presented a map indicating the sections of Route 20 North which would be abandoned, discontinued or added to the Secondary System. No one from the public wished to speak on this matter, and Mr. Wheeler closed the public hearing. Mr. Robert Warner of the Highway Department said all the necessary property owners were notified of this public hearing. Mr. Carwile stated he was going to abstain from further discussion and vote on this item. Motion was then offered by Mr. Fisher to adopt the following resolution: WHEREAS, certain changes have resulted in the Secondary System due to relocation and construction of Route 20 North; and WHEREAS, public hearing was held on November 20, 1975, in accordance with advertisements placed in the Charlottesville Daily progress on November 5, and November 12, 1975, and there appears to be no opposition from the public with regard to such proposed changes; NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the following Sections, as indicated on sketch presented to this meeting and made a part of the Board's permanent file, be abandoned, pursuant to Section 33.1-155 of the Code of Virginia; Section No. 1 Section No. 2 Section No. 5 - lengt~h 0.03 mile : - length 0.12 mile - length 0.07 mile BE IT FURTHER RESOLVED, that the following sections be discontinued from the Secondary System: Section No. 3 Section No. 4 Section No. 6 - length 0.14 mile - length 0.16 mile - length 0.12 mile BE IT FURTHER RESOLVED, that the following sections be added to the Secondary System: Section No. 7 Section No. 8 Section No. 9 - length 0.14 mile - length 0.24 mile - length 0.17 mile Motion was seconded by Mr. Wood, and carried by the following recorded vote:. AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. ABSTAIN: Mr. Carwile. No. 4g. Berkmar Drive. Mr. Warner stated that with the exception of the shoulder being a little narrow, Berkmar Drive was ready for acceptance into the State Secondary System. Mr. David Wood assured the Board (11-20-75 Day) BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the Virginia Department of Highways 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 road in Berkmar Subdivision: Berkmar Drive: Beginning at station 0+20, a point common to the center of Berkmar Drive and the southern right-of-way of Rio Road (State Route 631) as shown on the Plan and Profile for Proposed Extension of Berkmar Drive as prepared by William S. Roudabush - dated March, 1972; thence with Berkmar Drive in a southwesterly and southeasterly direction 2048.2~ feet to station 20+68.21, the end of Berkmar Drive Extension and connection with State Route 1403. BE IT FURTHER RESOLVED that the Virginia Department of Highways be and is hereby guaranteed a 50 foot unobstructed Right-of-way and drainage easements along this requested addition as recorded by plat in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 509, pages 310 and 311. Motion was seconded hy Mr. Fisher, and carried by the following recorded vote: AYES: Messrs: NAYS: None. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. No. 4d. Woodbrook Subdivision Roads. Mr. Warner reported all requirements have been satisfied to bring this road in Section Nine into the State Secondary System. Motion was offered by Mr. Wood to adopt the following resolution: BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the Virginia Department of Highways 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 Woodbrook Subdivision Section Nine: Brookmere Road: Beginning at station 0+25, a point common to the center of Brookmere Road and the western right-of-way of Idlewood Drive (State Route 1415) as shown on the plan and profite for Woodbrook Section Nine as prepared by William S. Roudabush dated February 1972 - revision dated August, 1974; thence with Brookmere Road in a westerly direction 991.57 feet to station 10+16.57, the end of Brookmere Road in Section Nine Woodbrook. Westbrook Place: Beginning at station 0+00 of Westbrook Place, a point common to the centerline station 3+61.24 of Brookmere Road as shown on the plan and profile for Woodbrook Section Nine as prepared by William S. Roudabush dated February, 1972 - revision dated August, 1974; thence with Westbrook Place in a southerly direction 397.94 feet to station 3+97.94, the end of Westbrook Place in Woodbrook. BE IT FURTHER RESOLVED that the Virginia Department of Highways be and is hereby guaranteed a 50 foot unobstructed right-of-way and drainage easements along these requested additions as recorded by plat in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 533, pages 428 through 430. Motion was seconded by Mr. Thacker. Mr. Wood added it was his intent that the posted bond for Sections Nine and Ten not be released until the roads in Section Ten and the sewer system in Section Nine are brought up to standard. Roll was called, and motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Mr. Elvin E. Thompson of the Albemarle County Service Authority asked the Board to discuss the uncorrected sewer problems in Section Nine of Woodbrook. Mr. Wheeler suggested it be carried for- ward to the December day meeting. No. 4e. Corville Farm Subdivision. Mr. Warner said the road was substantially completed upon last viewing, but to his knowledge, Mr. Hank Tiffany never requested a resolution from the Board, for acceptance by the Highway Department. Mr. Warner added that he did not want to set a precedent in this matter. Mr. Wheeler suggested Mr. Warner's office request such a letter from Mr. Tiffany, and that the item be placed on the December 18; 1975, agenda. No. 4f. Public Hearing to consider the adoption of an ordinance vacating a portion of the plat recorded in the Office of the Clerk of the Circuit Court in Deed Book 385, page 157. This vacation for that portion of Wakefield Court lying on the northwesterly side of Wakefield Road between Lot 1, Block C of said subdivision and Lot 6, Block A thereof. (Advertised in the Daily Progress November 5 and 12, 1975). Mr. John Humphrey, County Planner, said no additional recommendations have been made since this request to vacate Wakefield Court was before the Board in July (July 17, 1975 Minute Book 13, pages 191-192). No one from the public wished to speak either for or against adoption of this ordinance, and Mr. Wheeler closed the public hearing. Mr. Wood offered motion to adopt the following ordinance: AN ORDINANCE VACATING A PORTION OF THE PLAT OF WAKEFIELD SUBDIVISION SHOWN ON A PLAT~RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN DEED BOOK 385, PAGE 157; THIS VACATION FOR THAT PORTION OF WAKEFIELD COURT LYING ON THE NORTHWESTERLY SIDE OF WAKEFIELD ROAD BETWEEN LOT 1, BLOCK C, OF SAID SUBDIVISION AND LOT 6, BLOCK A THEREOF. WHEREAS, a certain tract or parcel of land lying in Albemarle County has been heretofore subdivided under the name of Wakefield Subdivision the plat of subdivision of which is of record in the Office of the Clerk of the Circuit Court of Albemarle County, Virginia, in Deed Book 385, page 157; and WHEREAS, the owner of one of the lots in said subdivision has petitioned the Albemarle County Board of Supervisors to vacate a portion of the said plat; NOW, THEREFORE, BE IT ORDAINED by the Board of County Supervisors of Albemarle County, Virginia, as follows: (11-20-75 Day) SECTION 1. That the subdivision of Wakefield SUbdivision shown on a plat recorded in.the said Clerk's Office in Deed Book 385, page 157, be, and the same hereby As, vacated as to that Portion of Wakefield Court lying on the northwesterly side of Wakefield Road between Lot 1, Block C of said subdivision and Lot 6, Block A thereof; provided, that there is hereby reserved from the effect hereof a right-of-way 20 feet in width, 10 feet on either side of the center- line of the said Wakefield Court, for purposes of the installation and maintenance of sewer, water, electric, and other public utilities. SECTION 2. The vacation set forth in Section 1 of this Ordinance shall in no way vacate any other street, road, right-of-way or lot duly platted and recorded on the aforementiOned plat. SECTION 3. Pursuant to Section 15.1-485 of the Code of Virginia (1950), as amended, the Clerk of the ~ircuit Court of Albemarle County, Virginia, shall write in plain legible letters across the vacated portion of the aforesaid plat the word "VACATED", and also shall make reference on the same'to the volume and page in which the instrument of vacation is recorded. SECTION 4. 1975. Such vacation of a portion of the aforesaid plat shall be effective on November 20, Mr. Vaughan Stewart, Jr., one of the adj°in'~ property owners in Wakefield, was present, and stated he would like to see this vacation take place. Mr. Henley said he would not support the motion since he had voted against this plat vacation in the past. Motion was then seconded by Mr. Carwile, and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. Mr. Henley. No. 4h. Letters from the Department of Highways. taking roads into the State Secondary System: Mr. Bailey presented the following letters "October 31, 1975 With reference to your letter of October 28th, 1975 below please find the information you requested. 1) New addition (Route 620) - This new addition does not qualify for acceptance under our new addition policy, therefore, we will not be able to accept this road into the Stave Secondary Road System for maintenance. 2) New addition (Covesville) - This road cannot be accepted into the State Secondary Road System for maintenance since it is located on Southern Railroad right-of-way. To construct this road off the Southern Railroad right-of-way would be too expensive. 3) Beagle Gap Road (Route 691) - This road will be accepted into the State Secondary Road System as a new addition. 4) New Addition (Route 758) - I have checked the roads and find this road to qualify for acceptances, into the State Secondary Road System for maintenance under our new addition policy. Therefore, %t would be appropriate for the Road Viewers to review this road and make their recommendations to the Board of Supervisors. Very truly yours, C. B. Perry Assistant Resident Engineer" "October 30, 1975 As requested in resolution by your Board on August 21, 1975, the following section of road is hereby discontinued as a part of the Secondary System of Albemarle County. This was con- firmed by the Highway Commission at its meeting on October 23, 1975. DISCONTINUANCE (Route 729 - Milton Road) Section 1 of old location Route 729 from Station 31+00 to the Rivanna River, Project 0729-002-132, C501. LENGTH 0.24 Mi. Sincerely, J.E. Harwood, Deputy Commissioner and Chief Engineer" "November 1, 1975 In regards to your letter concerning repairs to bridge #6124 on Route 651, material has ~been ordered to replace flooring, hand railing and post. Shipment has been scheduled shipping date of 12-15-75 and we will start repairs upon arrival of material. R. Y. Carpenter B & B Supervisor Southern Railway Company" Mr. Bailey presented the Operational And Fiscal Summary For Albemarle County Covering Fiscal Year 1974-75 from the Department of Highways & Transportation, dated October 17 1975 to the Board for their information. ' No. 4i. Mr. John Humphrey requested the Board to discuss at their next meeting an outstanding bond in the amount of $950 for Deer Run Subdivision. He said the Planning Department has communicated with Mr. Whyte, developer, but have received no response. Mr. Warner said it was located just off Route 743. Mr. Wheeler requested this item be placed on the December 20th agenda, and that Mr Whyte be notified to attend. ' Not Docketed. Route 637. Mr. Charles Perry reported having a meeting with Mr. Guy Agnor of the City of Charlottesville and Mr. J. H. Bailey to discuss the estimate given on construction 2@'2 (11-20-75 Day) construction were put out for bid, the work could possibly bring in a better price, but could also add as much as nine months on to the job. Mr. Perry added that rights-of-way must be~acquired before construction can begin whether done by bid or state forces. Mr. Fisher requested a meeting be scheduled with Mr. Perry, himself and several of the property owners, regarding the right-of-way. Mr. Warner suggested Tuesday, November 25th at 10:00 A.M. in the Highway Department offices. After additional discussion as to whether or not to put the project out for bids, Mr. Wood offered motion that this project be advertised for public bid. Motion was seconded by Mr. Carwi!e, and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, F~sher, Henley, Thacker, Wheeler and Wood. None. 6) Report, Resource Recovery Study Commission: Mr. C. E. Anderson, Chairman of the Com- mission, introduced three members also present: Mrs. Darlene Samsell, Mr. Preston Coiner, and Mr. Robert Hogue. Mr. Anderson requested an appropriation in the amount of $1,500 for office expenses accumulated through October 20, 1975. He said the City of Charlottesville and the University of Virginia would also be contributing an equal share to pay the total expenses of $4,500. Motion was offered by Mr. Fisher, seconded by Mr. Wood to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $1,500.00 be, and the same hereby is appropriated from the General Fund and transferred to the General Operating Fund, Code 18A.13, for Resource Recovery Study Commission office operating expenses through October 20, 1975. Roll was called and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Mr. Anderson then requested an appropriation in the amount of $20,000 (with equal amounts co'ming from the City of Charlottesville and the University of Virginia) to use as matching funds of a grant applied for from the Environmental Protection Agency to conduct a Phase I Feasibility Study. Mr. Anderson said if the money is granted from E.P.A., it will not be made available until July, 1976. He then proceeded to describe resource recovery plants in other areas of the country, now operating, which represent similar situations to the Charlottesville-Albemarle area. He specifically mentioned one located in Ames, Iowa, which required a capital investment of $5,660,000. Mr. Fisher questioned if $120,000 was really necessary to conduct a feasibility study. Mr. Anderson said if the total funds of $60,000 are granted by E.P.A., and matched by the three localities, there would be sufficient money to b~ring the resource recovery project up to the point of implementation. Mr. Wheeler requested that before the Board consider making such an appropriation, Mr. Bailey should discuss this with representatives of the City and University, and place it back on the agenda for December 10th. Mr. Anderson said the application'must be in to the Environmental Protection Agency by December 22, 1975 and would need a decision from the Board before that time. No. 9. Housing committee Report: Mr. Jason Eckford, Chairman, introduced the members of his committee, and presented a report of recommendations to the Board. He said a survey based on the 1970 census indicates that 19% of the housing units in the County are substandard. His first recommendation was to hire a housing coordinator who would have the following duties: !) determine ~ the priority of housing needs through familiarity and study of the County housing situation, 2) become familiar with programs both private and governmental which could be utilized locally, 3) develop proposals for community development funds, 4) determine a housing assistance plan, 5) enlist community acceptance of overall housing efforts and of specific programs or projects, 6) work with county housing committee, 7) monitor CHIP program, 8) act as clearing house to individuals or contractors for alternatives to housing needs, 9) participate in legislative efforts to improve the County's ability to handle housing problems, 10) conduct a continuous survey of housing needs, 11) prepare and participate in a referendum to establish a County Housing and Redevelopment Authority within one to five years. He then listed the reasons why a Housing Authority would be most flexible and advantageous to the County: 1) purchase their own real property, 2) rent property on a non- profit basis, 3) exercise eminent domain, 4) go into debt, 5) contract with other agencies including the Federal Government for contributions, and 6) receive loans and/or donations from counties. Mr. Eckford said if the County was totally against the idea of a Housing Authority, the Committee had an alternate recommendation that being, to hire a housing coordinator who would conduct his work through a private foundation. He added that a foundation would not have the scope of a Housing Authority. The Board~of Supervisors would have veto power to exercise over any proposed projects of a Housing Authority, and would have the option of placing Board members on the Authority. The second recommendation presented in the Housing Committee's report, requests the appropriation of $50,000 for an Emergency Repair Program fund through the Charlottesville Housing Improvement Program (CHIP). This would allow poverty or near poverty owners of existing housing to pay 20% or more of the total cost (to a maximum of $4,000) for. repairs to housing. Mr. Eckford added that in their surveys this seemed to incorporate mostly elderly persons, and would allow the aid of approx- imately 25 families. Mr. Eckford's third recommendation was to continue the Housing Committee for a second term. Mr. Wheeler suggested t~at recommendation #2 be sent on to the new Board in 1976 for discussion with the 1976-77 Fiscal Budget. Mr. Carwile said he would like to go along with recommendation #1 except with regard to the Authority, he felt it was something that a housing coordinator and the new Board of Supervisors would have to investigate. Mr. Wheeler recommended changing the wording of number 11 under recom- mendation #1 to read "prepare and make recommendation to the Board of Supervisors, to establish a County Housing and Redevelopment Authority within one to five years. Mr. Carwile then offered motion to accept the Housing Committee's recommendation #1 with the change of wording under #11 as recommended by Mr. Wheeler. Motion was seconded by Mr. Wood. Mr. Henley asked what the salary of the Housing Coordinator would be and how large a staff he would require. Mr. Eckford said the costs would have to be minima!~ and remain within the original appropriation given to the Housing Committee. As far as staff, it would probably only constitute part-time secretarial help and money for office supplies. There was no further discussion, roll was (11-20-75 Day) AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Motion was then offered by Mr. Fisher, seconded by Mr. Thacker to continue the Housing Committee through the calendar year 1976. Roll was called and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. ~ No. 13. Albemarle CoUnty Service Authority Note: Mr. Fisher said the Committee met three times, and out of those meetings, drew up an agreement to be approved today. Mr. Myron Tremain was present for the Albemarle County Service Authority, and said the Authority was in complete accord with the agreement proposed. Motion was then offered by Mr. Thacker, seconded by Mr. Fisher, authorizing the Chairman of the Board of Supervisors to sign the following agreement: THIS AGREEMENT made this 20th day of November, 1975, by and between the ALBEMARLE COUNTY SERVICE AUTHORITY (Authority), and the BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA, (County); W I TNE S S E TH: WHEREAS, by agreement dated August 19, 1971, between the County and the Authority, the Authority acknowledged that it was indebted to the County in the amount of $979,661.00, re- presenting purchases by the County of private water and sewer systems and construction by the County of certain water and sewer facilities, which debt and water and sewer facilities were transferred to the Authority under the terms and conditions set forth in the August 19, 1971 agreement; and WHEREAS, the County has received $5,000.00 for the sale of well lots .in the Montvue, Berkeley and Woodbrook communities, which lots were part of the various water and sewer systems~ transferred to the Authority under said August 19, 1971, agreement; and WHEREAS, pursuant to a lease dated July 28, 1965, between the County, acting on behalf of the Crozet Sanitary District, and the Authority, the Authority has the option to acquire at no cost from .the County, 445.07 acres of band in Mint Springs, on part of which Mint Springs Park is now located, formerly used for purposes of the Crozet Sanitary District, and to acquire from the County other prOperty, personal and mixed, as set out in said lease; and WHEREAS, by letter dated October 3, 1975, from Lawrence C. Clark, IV, Appraiser' for Albe- marle~County, to Ray B. Jones, Director of Finance of Albemarle County, the 445.07 acres of land, excluding buildings and improvements, was appraised at the ~fair market value of $145,500.00; and WHEREAS, by agreement dated June 12, 1973, between the City of Charlottesville, the Auth- ority, the County, and the Rivanna Water and Sewer Authority, the Rivanna Water and Sewer Authority agreed to purchase certain water and sewer facilities from the Authority, including certain of those, facilities transferred from the County to the Authority by said August 19, 1971, agreement; and WHEREAS, pursuant to said June 12, 1973, agreement, John McNair and Associates, in a report dated October, 1974, valued Phase I waterlines, Phase II waterlines and the Scottsville sewer facilities, inclusive of engineering costs, at $845,032.00, which facilities are to be purchased from the Authority by the Rivanna Water and Sewer Authority by 1983; and WHEREAS, the Authority, having paid all the outstanding bonds of the Crozet Sanitary District, desires to exercise its option to acquire six acres, more or less, immediately around the Mint Springs Filtration Plant, and to acquire all personal and mixed property related to and used in the production of water therefrom; and WHEREAS, in consideration of the transfer of water and sewer facilities and indebtedness to the Authority, as set forth in said August 19, 1971, agreement, and the fact that th'e Rivanna Water and Sewer Authority is not obligated to purchase certain water and sewer fac- ilities from the Authority, including Phase I waterlines, Phase II waterlines and Scottsvi!Ie sewer facilities, until 1983, as set forth in said July 12, 1973, Four-Party Agreement, a joint committee appointed to review the indebtedness of the Authority to the County has recommended that the Authority's option to acquire said land in Mint Springs, exclusive of said six acres, more or less, immediately around the Mint Springs Filtration Plant, be valued at $129,629.00, as set forth ina report and recommendation for settlement of the joint committee; NOW, THEREFORE, for and in consideration of the premises and'the satisfaction in full of the indebtedness of the Authority to the County in the amount of $979,661.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, the Authority does hereby GRANT, ASSIGN and TRANSFER unto the County any and all rights it has to receive $845,032.00 from the Rivanna Water and Sewer Authority for certain water and sewer facilities, PUrsuant to a Four-Party Agreement entered into on June 12, 1973, and more particularly described as Phase I waterlines, Phase II ~waterlines, and Scottsville sewer facilities, as set forth in a report by John McNair and Associates entitled, "Valuation of Water and Sewer Facilities to be Pur- chased By the Rivanna Water and Sewer Authority from Albemarle County Service Authority", dated October, 1974. The Authority, pursuant to the terms of said July 27, 1965, lease hereby exercises its option to acquire, at no cost to the Authority, six acres, more or less, at Mint Springs;- immediately around the Mint Springs Filtration Plant and water storage facilities. The exact ~_boundaries of said six acre tract shall be determined by mutual agreement between the Authority and the County Engineer. The County, in the manner provided by law, shall execute a deed conveying said six acres to the Authority. The Authority does further absolutely relinquish and~release its option to acquire from the County, at no cost to.the Authority, pursuant to the terms of said lease between the Authority and the County, all the remainder of the land ~ormerly used for the purposes of the Crozet Sanitary District, consisting of 439 acres of land, more or less, in Mint Springs. The County hereby agrees that said assignment of right to receive $845,032.00 from the Rivanna Water and Sewer Authority to said release of option to acquire, at no cost, 439 acres of~land, more or less, at Mint Springs is deemed to constitute satisfaction in full of the indebtedness of the Authority to the County in the amount of $979,661.00. (1]_-20-75 Day) The Authority, pursuant to the terms of said July 27, 1965, lease also exercises its option to acquire, at no cost to the Authority, and the County hereby GRANTS, BARGAINS, SELLS and CONVEYS unto the Authority with SPECIAL WARRANTY OF TITLE, all persOnal and mixed property of the Crozet Sanitary District, including, but not limited to, open and closed storage fac- ilities, filter plant and appurtenances thereto, water lines, and water transmission and dis- tribution systems, together with the perpetual easement and right-of-way to maintain and replace said lines as they are located, meters, wells, pumps, pumping facilities, mach'inery and tools, motor vehicles, and all other implements, tools and miscellaneous supplies formerly used in maintaining, operating, and supplying water to the citizens and customers of the Crozet San- itary District, together with all funds now existing in the Crozet Sanitary District Fund. WITNESS the following signatures and seais: ATTEST: BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA Barbara J. Flammia, Deputy Clerk ATTEST: Gordon L. Wheeler, Chairman ALBEMARLE COUNTY SERVICE AUTHORITY. E. E. Thompson, Secretary Myron E. Tremain, Chairman CLOSING STATEMENT REPAYMENT OF EXISTING NOTE BETWEEN THE ALBEMARLE COUNTY SERVICE AUTHORITY AND THE ALBEMARLE COUNTY BOARD OF SUPERIVOSRS To original value of existing note By amount received by County for sale of lots in Montvue, Berkeley, and Woodbrook By release of Albemarle County Service Authority option to acquire 439 acres, more or less, at Mint Springs from Atbemarle~County $ 5,000 129,629 By assignment to Albemarle County of payment to be made by the Rivanna Water and Sewer Authority to the Albemarle County Service Authority, due in 1983, pursuant to'the Four-Party Agreement for water and sewer facilities (Phase t and Phase II waterlines and Scottsville Sewer Facilities) 845,032 $979,661' $979,661 ATTEST: THE ALBEMARLE COUNTY BOARD OF SUPERVISORS Barbara J. Flammia, Deputy Clerk ATTEST: Gordon L. Wheeler, Chairman THE ALBEMARLE COUNTY SERVICE AUTHORITY E. E. Thompson, Secretary Myron E. Tremain, Chairman Mr. Carwile asked if the Service Authority was bearing the brunt of the full cost of certain political decisions regarding acquisition of the system. Mr. Bailey said no, that he and Mr. Ray Jones had gone over the facilities to be turned over to the Service Authority based on value, and that the figures reflected a reduction in price paid, eliminating a good portion o~f the political considerations. Mr. Tremain disagreed, stating that the facilities were properly appraised, taking depreciation into consideration, giving an exact value, not the original value. There was no further discUssion, and motion approving the agreement was carried by the fol- lowing recorded vote: AYES: NAYS: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. Mr. Carwile Motion was then offered by Mr. Thacker, seconded by Mr. Wood authorizing the Chairman of the Board of Supervisors to sign the approved agreement. Motion carried by the following recorded vote: AYES: NAYS: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. Mr. Carwile No. 10. Scenic Highway Designation. Mrs. Wayne Harbaugh of the Thomas Jefferson Planning District Commission requested the Board to adopt a reso!ution in support of designating a loop .connecting Albemarle County and Nelson County via Route 20 South to Route 6 to Route 250, then Route 151, then Route 56 to the Blue Ridge Parkway. In a letter dated October 24, 1975, Mr. Rob R. Blackmore, Director of the Commission of Outdoor Recreation voiced the Commission's support of this desig- nation. The sections in Albemarle County would be Routes 20 and 6. Mr. John Humphrey said amendments to the Zoning OrdinanCe are being prepared to establish setback requirements on roads designated scenic highways or byways. Mr. Carwile then offered motion to adopt the following resolution: ~i WHEREAS, the Virginia Commission of Ou2door Recreation is now considering the designation of a portion of Virginia Routes 20 and 6 in Albemarle County as Virginia by-ways; and WHEREAS, those portions of such highways now under such consideration are that portion of Virginia Route 20 from the southern corporate limits of the City of Charlottesville thence (11-20-75 Day) direction to the Nelson County line; and WHEREAS, it appears that such designation is in the best interest of the people of Albe- marle County; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County that such designation be, and the same hereby is, approved, recommended and endorsed by this Board and that the Virginia Commission of Outdoor Recreation be, and it hereby is, memora!ized to re- commend unto the Virginia State Highway Commission the designation of the aforementioned roads as Virginia by-ways. AND, BE IT FURTHER RESOLVED, that the Clerk of the Board be, and she hereby is, ordered to send a true copy of this resolution to the Virginia Commission of Outdoor Recreation. Motion was seconded by Mr. Wood, and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 11. Public Hearing to adopt an ordinance to provide for an Emergency Services Organization, designation~of a Director of Emergency Services and his responsibilities, provision for emergency plans, provision for declaring a local emergency during a disaster or emergency or an impending disaster or emergency, and provision for a coordination of emergency services, pursuant to the authority of The Commonwealth of Virginia Emergency Services and Disaster Law of 1973. (advertised in the Daily Progress November 5 & 12, 1975) Mr. Wheeler said this ordinance set up a chain of command in case a local emergency is declared. No one from the public wished to speak either for or against the adoption of the ordinance, and Mr. Carwite offered motion to adopt the ordinance as follows: BE IT ORDAINED by the Board of.Supervisors of Albemarle County, Virginia, that in order to develop and maintain an emergency services organization to insure that preparations are ade- quate to deal with disasters or emergencies resulting from enemy attack, sabotage or other hostile action, resource shortage, or from fire, flood, earthquake, or other natural cause, and generally to protect the public peace, health, and safety and to preserve the lives and pro- perty and economic well-being of the people, it is~hereby found and declared to be necessary to provide and authorize; 1 ' An Office of Emergency Services. 2. The Director of Emergency Services shall be the Chairman of the Board of Supervisors and 2he Chief Administrative Officer for the County will be the Deputy Director. 3. The Director shall be responsible for organizing emergency services and directing .emergency operations through the regularly constituted government structure, and shall utilize the services, equipment, supplies'and facilities of existing departments, offices and agencies of the County to the maximum extent practicable. The officers and personnel of all such departments, offices and agencies are directed to cooperate with and extend such services and facilities to the Director or his Agent upon request. 4. The Director will prepare or cause to be prepared and kept current a local emergency operations plan. He may, in collaboration with other public and private agencies develop or cause to be developed mutual aid agreements for reciprocal assistance in the case of a disaster or emergency. 5. The Director shall have authority to appoint a Coordinator of Emergency Services and authorize the apPointment of other personnel as is necessary, with the consent of the Board of Supervisors. 6. Declaration of Local Emergency. a. A local emergency as defined in Section 44-146.16(6), Code o~ Virginia, 1950, as amended, may be declared by the Director of Emergency Services with the consent of the govern- ing body. In the event the governing ~ody cannot convene due to the disaster, the Director or any member of the governing body in the absence of the director may declare the existence of a local disaster, subject to confirmation by the entire governing body at a special meeting within five days of the declaration. The governing body when in its judgment all emergency actions have been taken, shall take appropriate action to end the declared emergency. b. A declaration of a local emergency shall activate the response and recovery programs of a!l applicable local and interjurisdictional emergency operations plans and auth- orize the furnishing of aid and assistance thereunder. c. The Director following such declaration shall notify the State Office of Emergency Services that all local resources have been committed in the disaSter and that assistance may be requested from the. State. 7. If any provision of this ordinance or the application thereof to any person or cir- cumstance is held invalid, such invalidity shall not affect other provisions or application of this ordinance which can be given effect without the invalid provision or appliCation, and to this end the provisions of this ordinance are declared to be severable. 8.~ This Ordinance shall be effective from the date of its adoption, the welfare and safety of the public requiring it. Motion was seconded by Mr. Wood, and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None, No. 12 Public Hearing to adopt an Ordinance to %acate ~a portion of Parkview Property in Crozet. (advertised in Daily Progress on October 29 and November 5, 1975) Mr. Frederick Payne said this vacation was requested by property owners, and adopted by the Board on July 17, 1975. There was confusion over the plats involved, and one of the plat citations was inadvertently omit.ted; 'this ordinance corrects that omission. No one from the public spoke either (11-20-75 Day) AYES: NAYS: WHEREAS, on July 17, 1975, the Board of Supervisors of Albemarle County did enact an ordinance with the intent of vacating portions of plats of record in the Office of the Clerk of the Circuit Court of Albemarle County showing parcels of land in the Park View Property sub- division at Crozet presently known as Lots 23, 24, 25, and 26 of Block B thereof so as to combine those separate parcels into a single parcel; and WHEREAS, in that ordinance reference was made to only two of the three plats pertaining to the said subdivision properties, namely the cited plats of record in the said Clerk's Office in Deed Book 369, page 415 and Deed Book 461, page 636, there having been no reference to that certain plat showing a parcel conveyed off of the said Lot 26 of Block B thereof of record in the said Clerk's Office in Deed Book 463, page 274 and thus changing the said plat of record in the said Clerk's Office in Deed Book 369, page 415; NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Albemarle as follows: SECTION 1: That the title to the said ordinance be and is hereby amended by deleting t~e period after "636" and adding thereafter the following language: "and as changed by plat recorded in the Clerk's Office in Deed Book 463, page 274." SECTION 2: That Section 1 of the said ordinance passed on July 17, 1975, be and is hereby amended by inserting the following language between "636" and "be": "and as changed by plat recorded in the said Clerk's Office in Deed Book 463, page 274". Motion was seconded by Mr. Carwile, and carried by the following recorded vote: Messrs. Carwi!e, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 14 Workmen's Compensation Act - Volunteer Firemen and Rescue Squads. Mr. Bailey said prices have been researched, and unless there is some way to limit the number of on-duty volunteer members, this insurance will cost the county $11,172 per year. Mr. James Samsell, Liaison Officer for the volunteer firemen, said each fire company carries their own insurance, i.e. East Rivanna paying about $750.00 per year. He felt there was nothing to be gained by paying a higher premium for insurance coverage that was not actually needed. Mr. Ron Slaughter, President of the Jefferson Country Firemen's Association, said it was a great deal of money in premiums for insurance not really needed by the firemen or rescue squad members. Mr. Wheeler suggested the Jefferson Country Firemen's Association work further with the County Executive and decide if they wish to bring any further suggestions back to the Board. No. 7. Totier Creek Access Road. (Note: Mr. St. John's office could not participate in these negotiations because he represented one of the landowners. The Board had given this matter to Mr. Herbert Pickford for legal opinion.) Mr. Robert Sampson said that on May 25, 1970, Mr. Edgar Garnett, Chairman of the Board of Supervisors, had signed an agreement of exchange between Forrest E. and Lillian M. Paulett and the Board of Supervisors for parcels of land situated on or near the waters of Totier Creek. The following stipulations are set out in that agreement. "The County hereby also covenants and agrees as follows with regard to its use and dev- elopment of the land acquired by it in this exchange and other land to be acquired in con- nection with the Totier Creek Watershed Project: 1. The County will construct and maintain a public road within the 60-foot strip des- cribed as Parcel 3 in this agreement. 2. The County will erect and maintain at its expense a heavy woven wire field fence 47 inches high with one strand of barbed wire at top and bottom on treated poles at least 6 inches in diameter spaced 12 feet apart along all common boundaries between the County's land and the Paulett's land. 3. Gates in said fence and crossings of said road will be provided for ingress and egress to the Paulett's property at two locations to be designated by the Pauletts. 4. Any water lines or other utility lines placed underground in said 60-foot strip will be buried to a sufficient depth to permit motor vehicle travel over them at any point for access to the road constructed thereon." On July 14, 1970, Mr. E. N. Garnett, then Chairman of the Board, had written the following letter to Mr. Paulett: "As you know, the Board of County Supervisors of Albemarle County has accepted delivery of a deed of exchange by which you conveyed to the Board of Supervisors four parcels of land on Totier Creek, near Scottsville in Albemarle County. By the same deed, the Board of Supervisors conveyed to you a parcel of land in the same vicinity containing 25.54 acres, more or less. This deed of exchange is dated July 9, 1970. The exchange of these properties by that deed is the consummation of an agreement dated May 25, 1970, between you and the Board of Supervisors. That agreement contained certain provisions with regard to the County's use of the land acquired by it, fencing of the property, road crossings and utility lines, our attorney has advised us that it is not necessary to put all those provisions in the deed. This letter, however, is to assure you that the Board of Supervisors will continue to be bound by the provisions of the agreement dated May 25, 1970 and will carry out those provisions for your benefit." On November 30, 1973, Mr. Chester F. Baker and Mr. Dave Leonard trading as Leonard Land & Livestock Ltd., purchased from Mr. & Mrs. Paulett the parcel of land known as "Valmont", and on March 14, 1974, had requested that the Board of Supervisors dedicate to public use the sixty foot right-of-way held by Albemarle County on this property. Because this was considered a matter of land acquisition, it has been discussed in executive session on several occasions. The Board had authorized the staff to negotiate a settlement of the matter. Mr. Sampson said the Board has two options: 1) build the road to state specifications and have it taken into the State Secondary system asking that Messrs. Baker and Leonard enter deed restrictions requiring that all utilities be installed underground and also requiring adequate setbacks and buffer zones from any properties that might be developed; or 2) make a cash settlement. If a cash settlement is made, the Board would be relieved of their responsibility to have the road built. The road is estimated to cost $17,000+. (11-20-75 Day) Mr. Wheeler asked if the road is needed. Mr. Sampson said not at this time. If this matter is settled~for cash, the land developer could at some future date build the road at his expense; but if the land developer does not exercise that right and the County needs the road, it would have to be installed at County expense. Mr. Thacker said Mr. Pickford has stated that in his opinion the County has no obligation under this agreement. Mr. Sampson said Mr. Pickford had a question as to whether the covenants went with the land or the property owners. The agreement is somewhat vague as to what is required in the way of a road. The agreement states that this will be a public road, but there is a question as to the definition of "public road". Mr. Wheeler asked the cost of the fencing requirement. Mr. Sampson said Mr. Leonard had ob- tained an estimate of $16,980. Mr. Ashley Williams, County Engineer, obtained two estimates, one for $8,600 and one for $13,000. If a cash settlement is made, this would also relieve the County of its responsibility for building the fence. There is a possibility this might be negotiated for a settlement of $6,000. Mr. Wheeler said after looking at Mr. Garnett's letter, he is sure that Mr. Garnett was speaking for the entire Board at that time. Since the County does not need the road at this time, it would seem best to authorize the staff to negotiate a settlement and request that this matter be ready for a final decision by the Board on December 18. The Board concurred. ~No. 8. Totier Park Water Line: Mr. Sampson reported that an attempt to place a well at the park failed, and he suggested that rather thanrisk another dry hole, a water line be run from Route 726 to the comfort station. The Service Authority has given a firm bid of $5,245, based on 4,000 feet of line~. An additional 200 to 300 foot distance will be needed from Route 726 to the comfort station itself, bringing the total appropriation request to $5,500. Mr. Thacker offered motion to approve the appropriation of $5,500 from Revenue Sharing funds. Motion was seconded by Mr. Wood. Mr. E. E. Thompson of the Albemarle County Service Authority assured the Board that no one other than Totier Creek Park would have rights to the water line when installed. Mr. Thacker then asked if an expert had been consulted as to the placement of the first well. Mr. Sampson said a geologist chose the site for the first well, and was confident it would produce water at 200 feet, this site was dry. There was no further discussion, and motion to adopt the following resolution was carried by the following recorded vote: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia that $5,500.00 be, and the same hereby is appropriated from the General Fund and transferred to the General Operating fund, Code 10L-302, for construction of a water line at Totier Creek Park; said appropriation to be transferred from Revenue Sharing Funds at the time of actual expenditure. AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 16. refund. Tax Refund. Mr. Wood offered motion to approve the following personal property tax WHEREAS, the Director of Finance of Albemarle County, Virginia, has appeared before' this Board and certified that Wayne F. Williams' boat trailer was erroneously assessed as a camper trailer, for 1974 personal property taxes on Ticket No. 113428; and WHEREAS, the County Attorney has examined supporting evidence and consents that such assessment, was erroneous; NOW, THEREFORE, BE IT RESOLVED, that pursuant to the Code of Virginia, Section 58-1142, the Board of Supervisors of Albemarle County, Virginia, does hereby direct a refund of $146.52 be issued to Mr. Williams. FURTHER, all supporting papers verifying this request are to be filed in the permanent records of the Board of Supervisors. Motion was seconded by Mr. Carwile, and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 17. resolution: Mr. Ray Jones presented requests for special appropriations, contained in the following BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia that $9,949.06 hereby is appropriated from the General Fund and transferred to the General Operating Fund and coded as follows: 300.00; Dues of the County Attorney in Local Government Attorney's of Virginia Organization, Code 1A-206. $2,700.00; Recodification of the Albemarle County Code by Michie Company, Code 1A-253. $2,000.00; Advertising of Zoning Ordinance ordered by Board of Supervisors, Code iA-200. $4,949'.06; Over-run costs of issuing school bonds, Code lA-!05. Motion was offered by Mr. Carwile, seconded by Mr. Wood to adopt the above resolution. carried by the following recorded vote: Motion AYES' NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Mr. Jones then requested an appropriation to cover 27 positions under the Federal Government's P.E.P. Program, stating these funds were 100% reimbursable by the Federal Governmen5. Motion was offered by Mr. Carwile to adopt the following resolution: (11-20-75 Day) BE iT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $55,968.06 be, ~and the same hereby is appropriated from the General Fund and transferred to the &eneral Operating Fund, Code 1F-123, for PEP Program Employees, Motion was seconded by Mr. Wood, and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. At 12:20 P.M., Mr. Wheeler adjourned the meeting for lunch break. P.M., with Mr. Henley being absent from the remainder of the session. Meeting reconvened at 1:30 No. 15a. Mr. Clarence McClure presented the following resolution to the Board of Supervisors, adopted by the Albemarle County School Board: WHEREAS, the Albemarle County Board of Supervisors officially resolved on October 29, 1975 that the McIntire School building would remain the property of the School Board, and the School Board foresees the need for school space which the McIntire building can meet; and WHEREAS, the School Board plans to make a decision early about how the building is to be used and what renovation and repairs will be necessary to place it in good condition. NOW, THEREFORE, BE IT RESOLVED, that the School Board does hereby request that the Board of Supervisors grant approval for the immediate expenditure of $15,000 to develop architectural and engineering plans for the renovation and repair of the McIntire School building. BE IT FURTHER RESOLVED, that the School Board requests that the Board of Supervisors ~make an expression of their intent to appropriate additional funds for the school's renovation at an early date in order that such renovation can begin immediately and be completed in time to use the school in September of 1976. Mr. McClure said three local architects are scheduled to appear before the School Board, so the Board can select an architect. He added that no time frame for construction has been set up. Motion to adopt the following resolution was offered by Mr. Wood: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $15,000 be, and the same hereby is appropriated from the General Fund and transferred to the School Con- struction, Capital Outlay fund for architect fees for renovation and repair of the McIntire School building. Motion was seconded by Mr. Thacker, and carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. None. Mr. Henley. No. 15b. School Buses. Mr. McClure asked the Board for a resolution of intent that the Board of Supervisors would appropriate in the 1976-77 fiscal budget $157,500 for the purchase of fifteen new school buses. These fifteen buses would replace nine buses used for eleven years, and six to accommodate additional students expected in the school system in the coming year. Motion to adopt the following resolution was offered by Mr. Wood: BE IT RESOLVED that the Board of County Supervisors of Albemarle County, Virginia, intends to appropriate $157,500 in the 1976-77 Fiscal Year's budget, and hereby authorizes Mr. Clarence McClure, Superintendent of Schools to place an order for as many as fifteen school buses cost not to exceed $157,500. Motion was seconded by Mr. Carwile, and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. NAYS: None. ABSENT: Mr. Henley. No. 18. Mr. Bailey requested the Board to consider amending the Equalization of Pay Ordinance (Albemarle County Code Section 2-53), to include the Soil Erosion Advisory Board. Mr. Fisher offered motion to advertise this proposed amendment for public hearing on December 18, 1975 at 10:00 A.M. Motion was seconded by Mr. ~Thacker and carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood, None. Mr. Henley. No. 19. Destruction of Bonds and Coupons. Mr. Bailey presented the following resolution to the Board for their consideration: WHEREAS, the Director of Finance for Albemarle County, Virginia, has petitioned this Board for authorization to destroy all bonds and coupons currently on file which were paid by his predecessors prior to July 1, 1970; and WHEREAS, Virginia Code Section 58-919.3, as amended, enables this Board to designate a committee of three persons to supervise and witness the destruction of such bonds and coupons and to thereafter execute a certificate setting forth the means .by whiCh the same were des- troyed, together with the issue, series, number and maturity date of the paid bonds so des- troyed, and the fiscal year in which paid, and said certificate shall set forth the amount of the coupons paid in such fiscal years; BE IT THEREFORE RESOLVED that the Director of Finance of Albemarle County, Virginia, be authorized to proceed with the destruction of such bonds and coupons as aforementioned, and for the purpose of supervising and witnessing the destruction of such bonds and coupons, the Director of Finance, Ray B. Jones, together with Lettie E. Neher, and Gordon L. Wheeler are appointed to the committee for such purpose.; and (11-20-75 Day)~ BE IT FURTHER RESOLVED, that said committee shall execute a certificate meeting the requiremer as set out above, causing such certificate to be executed and acknowledged by them in the manner prescribed for acknowledgment of deeds. Such certification shall be prepared in dup- licate, with the original being made a part of the minutes of this Board, and a copy to be retained as a permanent record in the office of the Director of Finance. Motion adopting the above resolution was offered by Mr. Thacker, seconded by Mr. Wood, and carried by the following recorded vote: AYES: Messrs. Carwite, Fisher, Thacker, Wheeler and Wood. NAYS: None. ABSENT: Mr. Henley. No. 20a. Appointment, Fire Prevention Code Board of Appeals. Mr. Bailey stated that under the B.O.C.A. Code Section 104.0, a five member Board of Appeals provides for any person aggrieved by any decision or interpretation by the Fire Official made under the provisions of the Code. The Board shall consist of five members who are qualified by experience and training to rule on matters pertaining to building construction and fire prevention. Mr. Wheeler recommended three members' of the Building Code Appeals Board and two firemen be appointed, possibly the fire chiefs of Crozet and Scottsville. Mr. Fisher then offered motion to appoint the following persons for the following terms: Grover Mawbrey~ Fire Chief, Scottsville ........ Fred C. McCormick, Earlysville .......... L. A. Lacy, Charlottesville .............. R. Alan Gay, Charlottesville .............. Roger L. Baber, Crozet ................. 1 year 2 years 3 years 4 years 5 years Motion was seconded by Mr. Thacker, and carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. None. Mr. Henley. No. 20b. Student Drug Survey Ad-Hoc Committee. Deferred to December 10, 1975. No. 20c. ROute 20--Constitution Highway Committee. Mr. Bailey presented a letter and Articles of Association for the Constitution Highway Association. Mr. Wheeler felt it would be appropriate if Mr. Michael Gleason, Director of the Charlottesville-Albemarle Bicentennial Commission were the County's representative. Mr. Carwile then offered motion appointing Mr. Gleason, and approving the Articles of Association as follows: ARTICLES OF ASSOCIATION OF THE CONSTITUTION HIGHWAY ASSOCIATION This is to certify that we, the undersigned, do hereby associate ourselves together to establish an association for the purposes and under the name hereinafter stated and to that end we do, by this our certificate, set forth as follows: 1. The name of the association shall, be THE CONSTITUTION HIGHWAY ASSOCIATION and the address of the association shall be c/o Sommerville, Moore & Joyner, P.O. Box 629, Orange, Virginia 22960; 2. The purposes for which the association is to be formed are as follows: a. To actively seek the designation of Virginia State Route 20 as Constitution Highway by the General Assembly of Virginia and the Virginia Department of Highways and Trans- portation; b. To preserv'~, protect and emphasize historical points and events along Virginia State Route 20; c. To actively promote tourist travel along Virginia State Route 20 in order to attract public attention to its historical significance and to secure economic benefits for the localities along Virginia State Route 20; d. To actively seek the support of the Virginia Independence Bicentennial Commission, the Virginia Department of Highways and Transportation and the General Assembly of Virginia for the development of Virginia State Route 20 as a major tourist route to commemorate the 200th anniversary of the adoption of the United States Constitution in 1987, which project shall include the improvement, widening and straightening of certain portions of Virginia State Route 20 to facilitate travel and to serve the economic interest of the area through which it passes, and the preservation of certain portions of Virginia State Route 20 in their present state in order to, preserve the scenic and aesthetic aspects thereof; e. To develop and recommend to the governing bodies of the localities along Virginia State Route 20 appropriate zoning classifications to achieve the purposes herein set forth, with emphasis in such planning being given to the desires of the persons living along Virginia State Route 20. 3. Any person or organization shall be entitled to membership in the association upon fur- nishing evidence of written support for the purposes of the association accompanying a member- ship application, upon the payment of dues or membership fees assessed from time to time by the Board of Directors and upon approval of the Board of Directors of the aSsociation; ~] : Each member of the association, whether an organization or an individual, shall be en- titled to one (1) vote; 5. A quorum at any meeting of the association shall be four (4) members; 6. Meetings of the association shall be held from time to time upon call of the president or the secretary at a time and place to be designated by the said president or secretary and upon five (5) days notice being mailed to each member of the association in good standing; (11-20-75 Day) 7. The affairs of the association shall be managed by a Board of Directors of not less than five (5) members to be elected by the membership of the association for a two (2) year term and the said directors shall hold office until the election of successor directors. Successor directors shall be elected by a majority of the membership of the association present. Vacancies may be filled by the Board of Directors for the remainder of the term. The initial Board of Directors of the association shall be: 3. 4. 5. Allen T. Williams, County Administrator, County of Buckingham Harold A. Coleman, Chairman, Buckingham County Bicentennial Commission R. Lindsay Gordon, III, Member Orange County Board of Supervisors U.P. Joyner, Jr., Town Attorney, Town of Orange Michael Gleason, Director, Charlottesville-Albemarle Bicentennial Commission 8. Officers of the association shall be president, vice-president, secretary-treasurer, and any other officers which the Board deems to be necessary. OffiCers shall be elected by the Board of Directors for a term of one (I) year. The officers so elected shall have such duties as are customary for such offices; 9. The Board of Directors shall have authority to assess an initial membership fee and to assess annual dues to the membership of the association; 10. These articles of association may be amended or repealed by majority vote of the mem- bership of the association present providing that any proposed change is mailed to all members in good standing with notice of the proposed meeting of the membership at least five (5) days prior to any such meeting; il. The duration of the existence of the association shall be unlimited provided however that the Board of Directors shall have the authority to terminate the existence of the association upon its finding that the purposes of the association have been substantially completed or upon its finding that the purposes of the association cannot be accomplished. Upon any such dis- solution of the association, any assets remaining in the association shall be turned over to the governing bodies of the localities along Route 20 who are members of the association in good standing equally; 12. Robert's Rules of Order shall govern in all proceedings of the association. Motion was seconded by Mr. Fisher, and carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. None. Mr. He~ley. No. 20d. Drug Abuse Council. Deferred until first meeting in January, 1976. No. 21. mation. Report of the County Executive for the month of October, 1975, was received as infor- No. 22. Statement of Expenses incurred by the Director of Finance, the Commonwealth Attorney's Office and the Sheriff's Department for the month of October, 1975, were presented. On motion by Mr. Fisher, seconded by Mr. Thacker, these statements were approved as read. The~motion carried by the vote which follows: AYES: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. NAYS: None. ABSENT: Mr. Henley. No. 23. Statement of expenses for the Joint Security Complex for the month of October, 1975, was presented. On motion by Mr. Carwile, seconded by Mr. Thacker, this statement was approved as read. The motion passed by the recorded vote which follows: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. None. Mr. Henley. No. 24. Report of the Joint Security Complex for the month of October. Maintenance Costs incurred in the operation of the Joint Security Complex for the month of October, 1975 along with summary statement of prisoner days, statement of the Jail Physician, statement of paramedic salaries and statement of salary for the classification officer were presented. (Two-thirds of these costs are reimbursable from the State.) On motion by Mr. Thacker, seconded by Mr. Fisher, these state~ ments were approved as read. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. None. Mr. Henley. No. 25. Report of the Department of Social Services for the month of September, 1975, was received in accordance with Virginia Code Section 63.1-52. No. 26. Claims against the Dog Tax Fund. Claims were received from Mr.' Curtis G; Gentry for two (2) ewes killed by dogs on October 13, 1975, and from Mr. John T. Walker for two (2) ewes killed by dogs on October 15, 1975. On motion by Mr. Carwile, seconded by Mr. Thacker, Messrs. Gentry and Walker were each allowed f50.00 each for their claims. The motion carried by the vote which follows: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. None. Mr. Henley. (11-20-75 Day) No. 27. Clarification of Lottery Permit Policy. Policy clarification was requested by Miss Lettie E. Neher, Clerk, when a member of the Charlottesville-Albemarle American Legion Post #74 felt funds should notzbe used for maintaining and operating the legion hall. Mr. Bailey read portions of a memorandum written by Mr. James Bowling, Deputy County Attorney regarding suggested revisions to the County's Lottery Permit policy. The revised policy would read as follows: Bingo Games: l) 2) 3) 4) 5) 6) Maximum frequency of operation - one per week. Maximum hours of operation - 6:00 P.M. - 11:00 P.M. Use of proceeds - restricted by State Code Section 18.2-335. Days of operation - Any day, Monday through Saturday. Accounting of proceeds required by State Code. Permits to be valid from date of approval only for the calendar year in which issued. Raffles: 1) 2) 3) 5) 6) Maximum frequency of operation - unrestricted. Hours of operation - unrestricted. Uses of proceeds - restricted by State Code Section 18.2-335. Days of operation - Any day, Monday through Saturday. Accounting of proceeds required per State Code. Permits to be valid from date of approval only for the calendar year in which issued. Mr. Fisher questioned the State Code Section used in the proposed policy change. Mr. St. John said Code Section 18.2 superseded Code Section 18.1 as of July, 1975. Mr. Thacker then offered motion approving the above policy change. Motion was seconded by Mr. Fisher, and carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fishey, Thacker, Wheeler and Wood. None. Mr. Henley. No. 28a. Lottery Permit East Rivanna Volunteer Fire Company: Motion was offered by Mr. Carwile, seconded by Mr. Thacker, to approve a lottery permit for the East Rivanna Volunteer Fire Company, in accordance with adopted regulations of this Board for the calendar year 1975. Motion carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. None. Mr. Henley. No. 28b. Lottery Permit Crozet Volunteer Fire Company. Motion was offered by Mr. Thacker, seconded by Mr. Fisher, to approve a lottery permit for the Crozet Volunteer Fire Company, in accor- dance with adopted regulations of this Board for the calendar year 1975. Motion was carried by the following recorded vote: AYES: NAYS: ABSENT: Mrssrs. Carwile, Fisher, Thacker, Wheeler and Wood. None. Mr. Henley. Not Docketed. Mr. Thacker read Notice of Application by Mr. Kyle E. Allen, t/a Scottsville Bus Lines, Scottsvit!e, Virginia; giving notice of a public hearing to be held on January 26, 1976, at 10:00 A.M. in the State Corporation Commission's Courtroom, 13th Floor, Blanton Building, Bank and Governor Streets, Richmond. Mr. Allen is requesting a certificate of public convenience and nec- essity as a common carrier of passengers by motor vehicle over the following route: Between Fork Union, Virginia, Scottsville and Charlottesville, Virginia over Virginia Highway 6 and Virginia Highway 20 and between Scottsvi!le, Charlottesville and Farmville over Virginia Highway 20 and U.S. Highway 15 and return. Mr. Thacker stated he received a telephone call from Mr. Allen, requesting the Board of Sup- ervisors to endorse his effort before the State Corporation Commission for a temporary and permanent license. Mr. Thacker then offered motion to adopt the following resolution: WHEREAS, Kyle E. Allen, trading as Scottsville Bus Lines, has applied to the State Cor- poration Commission for a certificate of public convenience and necessity as a common carrier of passengers by motor vehicles to serve the southern portion of the County of Albemarle, including the town of Scottsville; and WHEREAS, the Board of Supervisors of Albemarle County believes that there exists a sub- stantial public need for the services of a common carrier of passengers by motor vehicle within the said portion of Albemarle County; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County that the application of the said Kyle E. Allen, trading as Scottsville Bus Lines, be, and the same hereby is, recommended and endorsed for approval by the said commission; and that the com- mission be, and it hereby is, memorialized to reconsider its denial of Mr. Allen's request for a temporary certificate of public convenience and necessity to the end that service may be begun at the earliest possible date. AND, BE IT FURTHER RESOLVED by the Board of Supervisors that the Clerk be, and she hereby is, ordered to transmit a true copy of this resolution to the Clerk of the State Corporation Commission. Motion was seconded by Mr. Wood, and carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. None. Mr. Henley. Not Docketed. Mr. Wheeler reported a meeting in Washington, D.C. w~th the National Association of Counties, regarding Revenue Sharing, attended by himself, and Messrs'' ~i~, Wood and Thacker. He said he also met with Senators Byrd and Scott and Congressman Robinson. to ~ol~a~t hh~ ~o~a (11-20-75 Day) (11-26-75 Cancelled) (12-10-75 Afternoon) Not Docketed. Claims against the County were presented, examined, allowed and certified to the Director of Finance and charged to the following funds: General Fund General Operating Fund School Operating Fund General Operating Capital Outlay Fund School Construction Capital Outlay Fund Cafeteria Fund Textbook Fund Joint Security Complex Fund Commonwealth of Virginia--Current Credit Account Town of Scottsvi!!e--l% Local Sales Tax $ 484.27 409,262.42 1,046,060.73 44,367.91 330,605.29 35,102.30 2,069.99 42,128.73 198.95 84.80 $1,910,365.39 Not Docketed. At 2:15 P.M. Mr. Carwile offered motion to adjourn to 4:00 P.M., December 10, 1975, in the Board Room to discuss the County's Pay and Classification Plan. Motion was seconded by Mr. Wood, and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. NAYS: None. ABSENT: Mr. Henley. 11-26~75 The regular meeting of the Board of Supervisors scheduled for 7:30 P.M. on November 26, 1975, was cancelled by the Board on October 1, 1975, due to the Thanksgiving Holiday. This meeting was rescheduled for November 19, 1975 at 7:30 P.M. in the Albemarle County Courthouse. 12-10-75 (afternoon) An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on December 10, 1975, at 4:00 P.M. in the Board Room of the County Office Building, Charlottesville, Virginia. This meeting was adjourned from November 20, 1975. PRESENT: Messrs. Stuart F. Carwile, Gerald E. Fisher, J.T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. OFFICERS PRESENT: Messrs. J.H. Bailey, County Executive; Ray B. Jones, Director of Finance; Robert Sampson, Assistant to the County Executive; James Bowling, Deputy County Attorney; and Michael Carroll, Personnel Department. Meeting was called to order at 4:00 P.M. by Chairman Gordon L. Wheeler. No. 1. Economic Development Commission. Mr. Louie L. Scribner, Chairman of the Charlottesville- Albemarle Economic Development Commission, read a prepared statement endorsing the concept of an Industrial Development Revenue Bond Authority for Albemarle County and the City of Charlottesville. He then presented to the Board a list of 116 localities in Virginia who presently have such an authority, and a sample ordinance from the Governor's office, to create an authority under Chapter 33 Title 15.1 of the Code of Virginia. Mr. Wheeler said he has had informal meetings with members of City Council, and is under the impression that the City seems to be favoring separate, rather than a joint authority. He reiterated that their position was not official. Mr. Thacker, Board representative on the Economic Development Commission, said he felt strongly that it was something that the entire community needed. Mr. Thacker then offered motion that the Chairman appoint a committee to meet either separately or jointly with the City, to ~prepare an ordinance in cooperation with the County Attorney's office, and to report back to the Board at the earliest possible date. Mr. Wheeler said if it is the desire of the Board, the inter-governmental committeecomposed of the Board Chairman, County Executive, and County Attorney will meet with the Mayor, City Manager, and City Attorney. Mr. Wood said he would like to go ahead and set a public hearing date. Mr. Thacker said in order to advertise for a public hearing, a two week advertising schedule would have to be set up, placing the date of the hearing beyond the end of the present Board's terms. Mr. Wood said he was aware of a request by a local industry for funds under such an authority, and hoped that the Board would call a public hearing on this subject before they left office on December 3tst. Mr. Fisher said he would like time to discuss the possibility of a joint authority with the City before holding public hearings, as he was concerned with the possibility of creating conflict between the two localities if only one has an authority. Mr. Carwile said he supported Mr. Wood's request to hold a public hearing as soon as possible. Mr. Wood then offered a substitute motion to advertise for a public hearing an Ordinance to establish an Industrial Revenue Bond Authority in Albemarle County, for December 30, 1975 at 7:30 P.M. in the County Courthouse. Motion was seconded by Mr. Carwile. Mr. James Bowling told the Board before an ordinance can be drafted by the County Attorney's office, the Board must decide what authority an Industrial Bond Authority is going to be allowed to have, as the enabling legislation is very broad. Mr. Fred Ferguson of the Chamber of Commerce, said the Authority would be a public entity, and act only at the request of the public. Mr. Bailey said the impact of this type of Authority must be discussed at the public hearing, and suggested the staff present information to the Board before the public hearing date. At this point roll was called and motion to hold a public ~hearing was carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Thacker, Wheeler and Wood. Messrs. Fisher and Henley.