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HomeMy WebLinkAbout1974-08-158-15-74 7 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on August 15, 1974 at 9:00 A.M. in the Board Room of the County Office Building, Charlottesville, Virginia. Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler (arriving at 9:48 A.M.) and Lloyd F. Wood, Jr. Absent: None. Officers present: County Attorney and the Assistant to the County Executive, Mr. Robert Sampson. County Executive, T. M. Batchelor, Jr., was in Washington, D. C. at a conference called by President Ford. The meeting opened with the Lord's Prayer led by the Vice-Chairman, Mr. William Thacker. Mr. James Butler and Mr. Charlie Perkins were present to ask for the Board's confirmation of Mrs. Margaret Wood as 4-H Extension Agent in Albemarle County effective August 16, 1974. After some brief remarks by Mrs. Wood, motion to this effect was offered by Mr. Fisher, seconded by Mr. AYES: NAYS: Carwile and carried by the following recorded vote: Messrs. Carwile, Fisher, Henley, Thacker, and Wood. None. ABSENT: Mr. Wheeler. The Clerk read the following letter into the record: "August 1, 1974 Mr. T. M. Batchelor County Executive County Office Building Charlottesville, Virginia Dear Mr. Batchelor: 22901 I Will be resigning from the position of Extension Agent in Albemarle County effective August 30, 1974. I have accepted a position as farm manager and consultant with Doane Agricultural Services, Inc. My work as Ex, tension Agent for the last three years has been extremely stimulating and pleasurable. The experience I have gained will.-be invaluable to me throughout~life. Sincerely yours, (Signed) Richard S. White Extension Agent" Mr. Perkins said they were ~interviewing for this position and would bring a name for approval in the near future. Minutes of the meetings of April 24 (night) and May 8 (afternoon) were presented for approval. Mr. Fisher noted the following corrections: Page 214, half way down the page, a .statement that the density of the overall property is not to-be tied to the 10+5 acres should read 10.5 acres, page 228, at the top of the page, the name should be Carr Dorman instead of Carter 8-15-74 Dorman, page 230, during discussion of items brought to the Board by the Parks Committee, there should be a statement included that recreational complex at a new County office Building is not a top priority item. Page 233, change 55 gallons per day to 55,000 gallons per day. Motion was then offered by Mr. Fisher, seconded by Mr. Carwile to approve these minutes as corrected. The motion carried by the following recorded vote: Messrs. Carwite, Fisher, Henley, Thacker, and Wood. None. AYES: NAYS: ABSENT: Mr. Wheeler. The Board continued with discussDon of h±ghway matters. Mr. Robert G. Warner, Resident Engineer of the Virginia Department of Highways and Mr. Charlie Perry, Assistant Resident Engznee were present. Mr. Perry said the Clerk had been furnished with he County's secondary budget for the 1974-75 fiscal year. He hoped the Board would take action on this budget next month. At 9:15 A,M., the Vice-Chairman called for a public hearing to abandon certain sections of road due to changes in the Secondary Road System caused by construction of Route 660. Notice of this public hearing was published in the Daily Progress on August 3 and AuguSt 10, 1974. No one from the public spoke for or against the abandonment. The public hearing was closed and Mr. Wood offered motion to adopt the following resolution: WHEREAS, certain changes have resulted in the Secondary System due to relocation and construction of Route 660; and WHEREAS, public hearing was held on August 15, 1974, 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 1 - length 0.13 mile Section 2 - length 0.08 mile Section 5 - length 0.04 mile BE IT FURTHER RESOLVED that the following sections be added to the Secondary System: Section 3 - length 0.18 mile Section 4 - length 0.17 mile The foregoing motion was seconded by Mr. Fisher and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, and Wood. NAYS: None. ABSENT: Mr. Wheeler. 8-15-74 At 9:30 A.M. the Vice-Chairman called~ ~for a public hearing to abandon certain sections~ of road due to changes in the Secondary Road System caused by construction of Route 20 South. Notice of this public hearing was advertised in the Daily Progress on August 3 and August 10, 1974. No one from the public spoke for or against the abandonment. The public hearing was closed and Mr. Fisher offered motion to adopt the following resolution: WHEREAS, certain changes have resulted in the Secondary System due to relocation and construction of Route 20; and WHEREAS, public hearing was held on August 15, 1974, 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 4 - length 0.14 mile BE IT FURTHER RESOLVED that the following sections be discontinued from the Secondary System: Section 1 - length 0.15 mile Section 2 - length 0.28 mile Section 3 - length 0.26 mile Section 8 - length 0.11 mile Section 9 - length 0.15 mile BE IT FURTHER RESOLVED that the following sections be added to the Secondary System: Section 5 - length 0.06 mile Sectio~ 6 - length 0.05 mile BE IT FURTHER RESOLVED that the following section be from the Primary System to the Secondary System: Sectio~ 7 - length 0.10 The foregoing ~otion following recorded vote: transferred was seconded by Mr. Henley and carried by the AYES: Messrs. Ca~ NAYS: None. ABSENT: Mr. Wheel ile, Fisher, HenleY, Thacker and Wood. The Board con'~inued with a discussion of roads in Jefferson Village Subdivision. The Clerk read into the record the following letter: "August 6, 1974 Miss Lottie Nehr County EXecutive,s Office County Office Building Charlottesville, VA. 22901 Dear Miss Nehr: This will confirm our conversation this date concerning the roads in Jefferson Village and a new resolution by the County Supervisors requesting the Highway Departmant to accept said roads into the state system. ! L 8-15-74 For the fifth time these roads are up to state requirements. Your assistance and cooperation would be greatly appreciated and if there is anything that I have not,.completed please let me know. , Sincerely, (Signed) James H. Williams" Mr. Warner said the State needs an updated resolution on the roads in Jefferson Village Subdivision. All roads have been built according to state specifications and are ready to be taken over. However, one cul-de-sac, Adams Court can not be included at this time because it does not meet the occupancy requirements. Motion was offered by Mr. Wood, seconded by Mr. Fisher 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 of the Resident Engineer, the following roads located in Jefferson Village Subdivision, Albemarle County: Colonial Drive - length approximately 2705 feet Tompkins Drive - length approximately 878 feet Washington Court - length approximately 250 feet Monroe Court - length approximately 200 feet Madison Court - length approximately 200 feet Jefferson Court - length approximately 365 feet BE IT FURTHER RESOLVED that the Virginia Department of Highways be and is hereby guaranteed a 50~ unobstructed right of way and drainage easements along these requested additions as recorded by deed and plat in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 447, page 9, and Deed Book 456, page 538, respectively. Mr. L. Bo Chandler, was present to represent Mr. Williams. He requested that the Board lift the building permit~moratorium which has been in effect in Jefferson Village for the last few months. Mr. Fisher asked the status of the suit concerning the bond on these roads. Mr. St. John said the suit has been brought and is pending. It will be left in abeyance and no action will be taken~at this time. Vote was taken at this point and the motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, and Wood. NAYS: None. ABSENT: Mr. Wheeler. Mr. Thacker asked the Board's pleasure on lifting the building permit moratorium. Mr. Wood said he personally has no objections to lifting the moratorium now that this work has been accomplished. However, since Jefferson Village borders on Mr. Wheeler's district~ he would prefer deferring action until Mr. Wheeler is present. The Board took a short recess and reconvened at 9:48 A.M. when Mr. Wheeler arrived and assumed duties as Chairman. 8-15-74 ~r. ~eeler said he was late arriving this .morning because he had been welcoming Civil Defense Coordinators for the State of Virginia at a convention at the Ramada Inn. He performed this both as Chairman and as Director of the Emergency Services for Albemarle County. He noted that Mr. Robert Sampson was sitting in for Mr. Batchelor today. Mr. Batchelor was invited on Tuesday to a meeting with President Ford. The Board takes great pride in announcing that Mr. Batchelor is the only County Executive in the United States who was invited to this conference today in Washington. Mr. Wheeler commended Mr. Allen Cooper of the Richmond Times Dispatch for his accurate reporting of the events of the last few days during the trial of T. M. Batchelor. The Board resumed regular business. Mr. Wheeler said the Board's only concern in the matter of Jefferson Village roads was helping Mr. Williams to get those roads into the state system and he recommended that the building permit moratorium be lifted at this time. Motion to this effect was offered by Mr. Wood, seconded by Mr. Fisher and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler ~and Wood. NAYS: None. Mr. James Jessup was present to make a request that the Board close an~ vacmm~ a portion of Colthurst Drive in Colthurst Farm Subdivision. The request was to vaca~ that portion of the subdivision plat showing the last 307.91 feet of Colthurst Drive lying between lot 13, block F and lot 1, block D as shown on plats of record in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 340, pages 422 and 423 and Deed Book 391, page 461. (Mr. Thacker asked that the record show that he would not participate in this matter.) Mr. Jessup said the request was made to vacant this portion of Colthurst Drive from the subdivision plat because of indiscriminate parking. The Sheriff has cooperated but has not been able to keep the people out of the road. The road is in poor condition although it looks like an extension of COlthurst Drive. However, this 307.91 feet has never been taken into the state highway system. Mr. Ray Jones, Executive ~Director of the Albemarle County Service Authority was present. The Service Authority has been operating a well lot owned by the County on this portion of Colthurst Drive. Colthurst Subdivision has now been tied into the main at Barracks Road. When this matter was discussed previously, the Service Authority was in favor of the request because of vandalism and the people parking on this right of way. However, they requested that the right of way to the well lot be reserved as long as the property is in the county's name. In the near future, the Service Authority will be abandoning 8-15'74 this well lot altogether. They will remove the tank and accessories. At that time the Board will be requested to take whatever action they feel is appropriate. At this time, the Service Authority has no intention of ever using the well lot again. Mr. Wheeler asked if either Mr. Jessup or Mr. Jones had ever reported the vandalism and parking to the Sheriff. Mr. Jones said yes. The Sheriff had suggested that they post a sign on the property and this was done earlier in the summer. Mr. Jessup said he also had talked to the Sheriff. The Sheriff had said if the property were posted he would make a better effort to make arrests. Mr. Wheeler said he had talked to the Sheriff and the Sheriff had advised him that until this matter had been brought to his attention recently, he had had no complaints from anyone in that section. He then asked if the Planning Department had any comments. Mrs. Mary Joy Scala said the position of the Planning Department has not changed. Originally, they had~ecommended against this abandonment because there are large tracts of land that would benefit from the extension of C01thurst Drive. The County may need this right of way for extension of utilities in the future~and alternate access other than from Barracks Road and Old Ivy Road is needed for circulation within the general area. Mr. Carwile asked if the right of way would be needed for utility purposes. Mr. Jones said that any utility extension wound naturally follow the line of the adjacent property owners. Mr. Carwile said he personally was in favor of abandonment of this road conditioned upon the reservation of utility easements in the existing road right of way. Mr. Henley said he would hate to see this road closed off as there~may be need for-it i~ the future. He thought this section of road could be fenced off. Mr. Wheeler said he voted against vacation of this road when it was discussed in February because of the Planning Commission recommendations. Mr. Carwile said he did not think Colthurst Farm is the type of development that would benefit in any way from a through road system~in this area. It would not be conducive to the residents there. Given the ownership of the property to the rear of Colthurst Farms, he would speculate~-that it will be far into'the future before this property is developed in any way. There is land both to the east and the west for access to Old Ivy Road and any continuance of this road through Colthurst Farms would not be beneficial to the residents there in any way. Mr. Henley said if it became a main thoroughfare it could be valuable for fire protection and other services. However, he was not that familiar with the area. Mr. St. John asked if this was an application for abandonment or if this matter had been brought on the Board's own motion. Mr. Wood said Mr. Jessup had asked the Board to reconsider this matter. Mr. St. John said this would have to be set on the agenda and advertised as if it were a zoning matter with public notice. The Board would need ~o enact an ordinance and have it recorded in the Clerk's Office. 8-15-74 Mr. CarWile then offered motion that the apProPriate ordinance be drafted to authorize the abandonment of this section of Colthurst Drive and that this matter be advertised for a public hearing at 10:00 A.M. on September 19, 1974. The motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Wheeler and Wood. NAYS: Mr. Henley. ABSTAINING: Mr. Thacker. The following communications were received from the Department of Highways and Transportation. "August 12, 1974 Secondary System Addition Albemarle County Board of Supervisors of Albemarle County Charlottesville, Virginia 22901 Gentlemen: As requested in resolution by your Board on July 19, 1974, the following addition to i~.tba Secondary System of Albemarle County is hereby approved~ ADDITION Route 808 - From 0.38 Mi. S.W. Route 250 to 0.58 Mi. S.W. of Route 250. LENGTH 0.20 M1. Sincerely, "August 12, 1974 (Signed) J. E. Harwood, Deputy Commissioner and Chief Engineer" Secondary System Ab andonment Albemarle County Board of Supervisors of Albemarle County Charlottesville, Virginia 22901 Gentlemen: As requested in resolution by your Board on May 16, 1974, the following abandonment from the Secondary System of Albemarle County is hereby approved, effective August 12, 1974. ABANDONMENT Route 1102 (Old Route 53) - From 0.33 Mi. N. Route 53 to 0.50 Mi. N. Route 53. LENGTH 0.17 Sincerely, (Signed) J. E. Harwood, Deputy Commissioner and Chief Engzneer Mr. Warner advised the Board that he has received communication from Southern Railroad stating they will be making repairs to the bridge on Route 745 on Tuesday and Wednesday of next week. / 0 8-15-74 Mr. Carwile asked if any repairs hAge been made to the access to the bridge near Fairview Swim Club. Mr. Warner said he is not sure the repairs haw been made however, the highway department is to make improvements to the connection at Huntington Road. Th~,~---~ written the railroad asking them to check the bridge. However, been advised by the railroad that they are having difficulty in getting materials, particularl~ wood products. Mr. Wheeler asked that an updated report be made at the September .meeting on those roads where building permit moratoriums have been imposed. At 10:17 A.M., the Chairman called for a public hearing, as advertised in the Daily. Progress on August 3 and August 10, 1974, to amend and reenact Sections 9-41 through 9-43 of the Albemarle County Code so as to impose administrative requirements for the transient occupancy tax ordinance. No one from the public spoke. The public hearing was closed and motion was offered by Mr. Carwile to amend and reenact the transient occupancy tax ordinance with the ~following additional amendments: In Section 9-41, after the words'~ented for continous occupancy" add the wording'~o the same individual person, firm or corporation" and in Section 9-42, after the wording "which operate hotels, motels or boarding houses and" add the word "are". The motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. (The complete wording of the ordinance as adopted is set out below.) AN ORDINANCE TO AMEND AND REENACT SECTION 9-41 AND SECTION 9-42 AND SECTION 9-43 OF THE ALBEMARLE COUNTY CODE AS SECTIONS 9-41 THROUGH 9-44 OF THE ALBEMARLE COUNTY CODE, SO AS TO IMPOSE ADMINISTRATIVE REQUIREI~NTS FOR THE TRANSIENT OCCUPANCY TAX ORDINANCE. Chapter 9 Article IX Transient Occupancy Tax Ordinance Section 9-41. The Tax There.is hereby enacted a tax on the occupancy of all rooms in hotels, motels, and boarding houses within Albemarle County. Such tax shall be assessed at the rate of two percent (2%) of the amount charged for such occupancy; provided, however, that nothing herein shall be construed as imposing any tax upon rooms rented for continous occupancy to the same individual, person, firm, or corporation for 30 or more days in hotels, motels, or boarding houses. Section 9-42. Administration of this Article Ail persons, firms, or corporations doing business in the County of Albemarle, which operate hotels, motels, or boarding houses, and are taxable under the provisions of this ordinance shall report to the Director of Finance on or before March 31 their gross receipts received during the preceding year subject to the tax. This report shall be made on forms prescribed by the Director of Finance. Payment of the tax due shall be made on or before May 31 of each year to the Director Of Finance, County of Albemarle. The Director of Finance is hereby authorzze and empowered to prescribe adopt promulgate, and enforce such rules and regulations in conformance with the provisions of this Article as may be reasonably necessary to carry out the provisions of this Article. ! Section 9-43. Penalt~- A penalty of ten percent (10%) or two dollars ($2.00), whichever is greater, shall be added to the tax imposed under this ordinance which is delinquent, and unpaid on the due date thereof. Section 9-44. Effective Date The effective date of this ordinance shall be December 15, 1973. Sheriff George Bailey was present to introduce Mr. Albert Shank, the new Jail Administrator. Mr. Shank presented to the Board a budget for operation of the regional jail, showing a county share of $71,477.00 through June 30, 1975. He said this included c-apital outlays, vehicle purchase, salaries, fringe benefits and all other items needed to operate the jail from September 1, 1974 through June 30, 1975. He asked that the Board approve this sum at this time and stated that he does need an appropriation to cover expenses which are presently being incurred. Mr. Ray Jones said since the facility is located in the .County, the County will be keeping the books for the regional jail. The regional jail is already incurri~ expenses such as water, electricity, salaries, etc., and the Board will need to make either an appropriation or transfer funds already appropriated to operation of the County Jail to a separate fund to be used for the Regional Mr. Wheeler said since the amount presented was somewhat higher than the Board had anticipated, the staff and the Board members would need a chance to' look at this budget and it will be placed on the September agenda for action. He then commended Mr. Shank for the preparation of the.budget and Said he felt all the information needed by the Board was included. He did not remember a budget time when the Board had been presented with a/document which contained so much information. Mr. Henley said as a member of the regional jail board, they had been over this budget, item by item, and he felt that some things have been cut to the bone. Certain of the items included are for capital or one time expenditures. Salaries have increased since the Board discussed the regional jail last. In order to maintain a twenty-four hour a day schedule alot of people are needed for the operation. Motion was then offered by Mr. Thacker to transfer $20,000.00 from Code 6B in the County's General Operating Fund to the Regional Jail Fund. 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. Mrs. Shelby Marshall, Clerk of the Circuit Court, was present at the request of the Board to discuss her space needs. Mr. Carwile, as a member of the Space Needs Committee, presented a list of items to be bought in connection with 8-15~74 expansion of the central facilities of the Clerk's Office. This expansion will necessiate a certain amount of remodeling of that space previously occupied by the Office of the County Executive on the second floor. Mr. Thacker asked if county personnel would be available to do the alterations. Mr. Calvin Jones Director of Purchasing~ said he did hot think there would be personnel available to do this. Mr. Thacker suggested that he possibly hire one man who could do all of the remodeling. He then offered motion to adopt the following resolution: BE IT RESOLVED, by the Board of Supervisors of Albemarle County, Virginia that $6,967.98 be and the same hereby is transferred from revenue sharing funds to the general operating fund to be used for expenses incurred in the expansion of the Office of the Clerk of the Circuit Court. An expenditure of these funds is hereby approved. ~ The foregoing motion was seconded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Sheriff George Bailey was present to request app=oval of an indepth study of the Albemarle County Sheriff's Office. He said specifications had been written sent by he and Mr. Bob Sampson. These specifications were/to four people who do this type of work, the National Sheriff's Association in Washington, D. C. was the low bidder, at a price of $7,453.00. The local share of this project would be about 5%. If this is approved by the Board of Supervisors, an application for a grant of 90% of the cost will be mailed to LEA. The State of Virginia would provide the other 5%. Motion to approve an application grant for funds to finance this study for the Sheriff's Department was offered by Mr. Fisher, seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler, and Wood. NAYS: None. which Mr. Wheeler asked if the Sheriff was enforcing the noise ordinance/the county has recently adopted. Sheriff Bailey said for the last month since adoption of the ordinance, he has been advising these young people that the ordinance is in effect and that he would be making arrests. The Sheriff Office made their first arrest yesterday of a fourteen year old boy and he will be going to Juvenile Court. Mr. Wheeler said he had discussed with the Sheriff the situation regarding roads in subdivisions which are dedicated to public use but not a part of the State Highway System. Sheriff Bailey said he understands that dedicated highways come under the state statute, however, he had received two rulings. He received a ruling from the Commonwealth's Attorney and went out to Jefferson Village and starting writing tickets. Within ten minutes, he was called by the Commonwealth~s Attorney saying he could not do this. Then an ordinance was passed~and he is /pr~ on t~at ~oun y dinance. He still does not have a ruling saying that he 8-i5~74 can control subdivisions if they are not part of the State Highway System. Mr. Wheeler said he also has discussed th~ matter with the Commonwealth's Attorney. He had indicated to Mr. Wheeler that he would ask the Attorney General for an opinion. However, Mr. Wheeler said evidently this has not been done and he asked that the Board pass a resolution requesting the Commonwealth's Attorney to obtain this opinion. Motion was offered by Mr, Fisher that this Board request the Commonwealth's Attorney to ascertain the laws relating to the enforcement of traffic laws on streets which are dedicated to public use but which ~e not part of the State Highway System and to report his findings to the Board of Supervisors and the Sheriff. The motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. N~YS: None. ~. Wood advised the Sheriff that earlier in the day the Board had adopted a resolution asking that roads in Jefferson Village Subdivision be accepted into the State Highway System. As soon as a letter is returned by the State saying this request has been granted, the Sheriff will be able to enforce all traffic laws on the Jefferson Village Roads. At this time, the Board took a recess. Miss Virginia Moore, a member of the Library Site Selection Committee was present to further discuss the committee's report which was presented to the Board in July. She said questions have a=isen concerning the access to this site. She feels that the approaches proposed are excellent. The north-south approaches are excellent. There is an easement for Mclntire Road into this property and when the traffic on Water Street is reversed there will also be access to this property from that street. Mr. Thacker asked if there were not also a possibility of a cross over at Ridge-Mclntire. Miss Moore said yes. The City has indicated that they will cooperate. Mr. Fisher asked who would bear the costs of an access road from Ridge-Mclntire. Miss Moore said she has talked to the City Traffic Engineer, Mr. Matengo and she understands this expense would fall to the City. Since it would be cheaper for the City to build a connecting road for Water and Market Streets then to run an entirely new road through Vinegar Hill. Mr. Fisher asked if she had any assurance that the City would absorb this cost. Miss Moore said she had talked to Cole Hendrix and he said the City will cooperate in every way. Mr. Wheeler said when City-County officials speak of cooperation, this does not in particular mean money. It will cost money to put in these~access roads and he assumes that this will be worked out at some time in the future. ~ 0 8~15~74 Mr. Thacker said the Library Site Selection Committee was charged with location of a site for the Regional Library facility. They had looked at a number of sites within the city. A subcommittee of this Board had also investigated sites outside of the city. Of all the sites inspected, the committee felt this was by far the best. The access is excellent for all residents of counties in the regional system. The committee felt that with the city's plans for Main Street, a facility on this site would be a focal point of what is planned. The City felt the same and for that reason is willing to pay a higher cost then their porportionate share based on usage of the libmm~y. The committee also felt that land in the heart of Charlottesville at $3.00 a square foot is a bargain. The Library Site Selection Committee was not charged with suggesting methods of purchase but felt this was at least~ in their prerogative. They have suggested the following method of proportioning the cost. Albemarle County would pay 45.5% or~$86,905, the City would pay a like amount, Louisa County, 4.5% or $8,595, Nelson County, 3.2% or $6,112, and Greene County 1.3% or $2,483. Mr. Thacker then offered motion that the County approve the purchase the of this site and particip,ate in/cost of same to the extent of 45.5%. The motion was seconded by Mr. Henley and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. A complaint from Preston Coiner about soil erosion from Woodbrook into the lake in Carrsbrook was ordered carried over to the next night meeting of the Board. Request was received from the Airport Manager asking that the Board act on two documents to make the Airport Board an eligible sponsor for FAA Airport Aid Projects. The assumption agreement states that the Airport Board assumes all the responsibilities and duties of the City and County heretofore, held by reason of having received Federal Assistance. The second agreement is a modification to the Letter of Agreement~which established the Airport Board, dated September 21, 1972. The modification deals with the specific verbage in paragraph 1, to authorize the Airport Board to enter into contracts with the United States Government. Motion to authorize the Chairman to execute the following documents was offered by Mr. Wood, seconded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. This Agreement made and entered into this 15th day of July, 1974, by and between the COUNTY OF ALBEMARLE and the CITY OF CHARLOTTESVILLE, pursuant to the authority contained in Sections 5.1-35 and 5.1-36; Code of Virginia (1950), as amended. 8-15-74 WITNESSETH : The parties hereto ~agree that the Charlottesville-Albemarle Airport, now jointly owned by them-shall hereafter be owned and operated by a governing board which shall consist of the County Executive of the County of Albemarle, the City Manager of the City of Charlottesville, and the Chairman of the Charlottesville- Albemarle Joint Airport Commission, all of whom shall serve without compensation but shall be reimbursed for reasonable and necessary expenses. The three members hereby designated shall serve on the board hereby established while serving as County Executive, City~Manager and Chairman respectively. The Board hereby established shall be known as "The CharlOttesville-Albemarle Airport Board" and shall have all powers conferred on political subdivisions with regard to the acquisition, establishment and operation of airports by Chapter 3 of Title 5.1 of the Code of Virginia, as amended, including without limitation, the powers to establish, construct, maintain and operate airports; to acquire, hold and dispose of property on behalf of the City and County,' including the exercise on their behalf of the power of eminent domain; to adopt regulations governing the use of airport facilities, provided such regulations are not in Conflict with the rules and regulations of the State Corporation Commission or appropriate federal agencies; to establish fees and charges for the use of the Airport and related facilities; and to make contracts necessary to carry out the powers and duties of the Board, including contracting with the United States Government under the Airport and Airways Development Act or any similar act; provided such contracts shall not be for an amount or obligation in excess of the amount of funds which the City and County have appropriated for use by the Board. The parties further agree that they will convey all right, title and interests, now vested in them with respect to the Charlottesville-Albemarle Airport to the Board hereby established. Such conveyances shall be at no.cost to the Board. The parties agree to share equally in all operational costs of the Airport to the extent that they exceed net revenues, and in the costs of any improvements thereto; provided, however, that no improvement, the cost of which will require funds from the County and City shall be undertaken by the Board without the prior approval of the Board of Supervisors of Albemarle County and the City Council of Charlottesville. The Governing Board shall exercise complete management control of the Charlottesville-Albemarle Airport, and, in addition, it shall accomplish the following: (1) The Board will take action to ensure compliance with such regulations of the Commonwealth of Virginia and the United States as may be applicable; (2) The Board will, not less frequently than annually, cause an audit of its financial affairs to be conducted by an independent auditor, and a report thereof submitted to the parties hereto; (3) The Board shall maintain insurance satisfactory to the parties hereto to protect the property conveyed to them or hereafter acquired, and to save the parties harmless from claims arising out of the operation of the airport. To the extent that it has the power to do so, the County of Albemarle agrees to enact such ordinances as may be necessary to regulate vehicular parking and traffic and to regulate the orderly condu~ of business at the airport. The parties hereto expressly agree that this agreement supersedes their prior agreement creating and empowering the Charlottesville-Albemarle Aiport Board, dated September 21, 1972, and that said prior agreement is hereby cancelled and revoked.~ IN WITNESS WHEREOF the County of Albemarle pursuant to a resolution duly adopted by the Board of Supervisors on August 1'5, 1974, has caused this agreement to be executed in its b/ehalf by Gordon L~ Wheeler, Chairman, and attested 8-15-74 oZ by Lettie E. Neher, Clerk of the Board, and the City of Charlottesville, pursuant to resolution duly adopted by its City Council on July 15, 1974, has caused this agreement to be executed on its behalf by Charles Barbour, Mayor, and attested by J. Sidney Rush, Jr., Clerk of the Council. COUNTY OF ALBEMARLE BY Chairman, Board'of"Supervisors ATTEST: Clerk of the Board ATTEST: CITY OF CHARLOTTESVILLE BY Mayor Clerk of the Council This ASSUMPTION AGREEMENT, made this 15th day of July 1974 between the CITY OF CHARLOTTESVILLE AND COUNTY OF ALBEMARLE (hereinafter called the City and County) and the Charlottesville- Albemarle Airport Board, a corporation organized and existing pursuant to the provisions of Pars. 5.1-35 and 5.1-36 of the Code of Virginia (1950), as amended (hereinafter called the "Board"). WHEREAS, the City and County will hereafter, by a deed dated and recorded in the Office of the County Clerk, convey to the Board all of the airport properties belonging to the City and Coun~ subject to the approval of the Federal Aviation Administration; WHEREAS, the Board desires the City and County to obtain approval of said transfer by the Federal Aviation Administration and in order for the City and County to do so, the Board must assume all of the obligations of the City and County'~contained in Agreements with the Federal Aviation~.~ Administration; WHEREAS, the obligations of the City and County to the Federal Aviation Administration are set forth in Grant Agreements for Federal-Aid Airports Program (FAAP) Projects Nos. 9-44-016-0301, 9-44-016-0802, 9-44-016-6003, 9-44-016-0604, 9-44-016-C905, 9-44-016-7006, and Airport Development Aid Program (ADAP) Projects No. 8-51-0004-01-72 and A-51-0004-0!-72, 8-51-0004-02-74. NOW, THEREFORE, it is mutually agreed that for amR. in consideration of the City and County obtaining written approval of the Federal Aviation Administration, the Charlottesville-Albemarle Airport Board, does hereby expressly assume and agree to keep and perform all covenants, assurances, conditions, commitments and obligations according to the terms and provisions recited in each of the aforesaid instruments with the same effect as though the Board were the party in privity with the Federal AviatiOn~Administration under said instruments. IN WITNESS WHEREOF, the Board and City and County have caused their corporate names to be signed and their corporate seals to be affixed hereunto on the day and year hereinabove set forth. CHARLOTTESVILLE-ALBEMARLE AIRPORT BOARD BY TITLE ATTEST: Airport M~nager 8-'15-74 ATTEST: clerk of the C0u~cil ATTEST: Clerk of' the Board CITY OF CHARLOTTESVILLE BY TITLE COUNTY OF ALBEMARLE BY TITLE The following report was received from Hartwell Clarke, County Building Official: "The Virginia Uniform Statewide Building Code requires the Building Official to submit a yearly activity report. This report covers the period from August 20, 1973 until July 1, 1974. In the future, the report will cover the fiscal year. The Virginia Uniform Statewide Building Code was put into effect on September 1, 1973. The Building Official was hired on August 20, 1973. The first few weeks were spent organizing the office, procuring forms, establishing procedures, preparing a budget request, and hiring inspectors. Permits were issued under the new law from September 1, 1973 on, and most inspections were made in September and from October 1. Ail requested inspections have been made. In isolated cases some inspections were made at a later date when the work load made it impossible to inspect at the requested time. The following permits were issued: Building 600 Electrical 1,034 Plumbing 497 Mechanical 58 Mobile Home 128 SpeDial 76 Re-inspections 82 One thousand and three (1,003) regular building inspections, one hundred and fifty-seven (157) mobile home inspections, and two hundred and fifty (250) special inspections have been made. Five hundred and eighty-five (585) plumbing inspections and two thousand and nine hundred (2,900) electrical inspections have been made. Ail equipment has been either bought, ordered, or the funds have been re-appropriated to cover the purchase of the remaining items. The office of Fire Marshall was established and all reported fires have been ir~vestigated. A fire prevention code was presented to the Board of Supervisors and was adopted. A schedule of routine inspections for safety and fire prevention was set up and inspections are proceeding. Ail records are in order and all monies have been accounted for. A copy of the budget report and re-appropriation request is enclosed. Please note that of our $118,970 appropriation, $8,453.13 was not spent. The projeoted revenue for this period was $64,000 and actual receipts were $95,126.73. ' 8'~15-74 Respectfully submitted, (Signed) H. P. Clarke" Discussion of a personnel grievance procedure was deferred until next month. Mr. Ray Jones was present to request the following special appropriations. 1H-103 Compensation of County Attorney $16,041.66 1H-109 Compensation of Assistants - County Attorney's Office 1H-403 4,620.00 Furniture and fixtures - County Attorney's Office (To cover the cost of two assistants and a secretary, the cost of which is over the $19,200 shown in the budget. Also, a new appropriation for furniture and an adjustment to provide for costs of legal services) 1,000.00 2A-251.2 Real estate assessments (To cover computer service costs incurred in administering the tax refunds from the Perkins Suit.) 10,000.00 10E-400 Planning and Zoning (This is needed for purchase of a motor vehicle. The original order for a vehicle cannon be met by the vendor so the check must be cancelled and a new order plaCed. Since this cost was originally to have been paid out of the 1973-74 Budget, it was not included in the current budget.) 3,400.00 10J.~1-608 County Landfill #1, Ivy (To cover the amount of overpayment the County made to Continental Can when adjusting taxes on the landfill.) 644.28 18C. 8 17P 17R-314 County contribution to Library (After the 1973-74 Budget was approved a 3.5% salary increase was granted to library employees.) ESEA Title I (Migrant) (The 1973-74 budget carried an amount of $13,250.00 for this program. Federal funds. in the amount of $28,024.16 were allotted to the school system. A total of $15,104.90 was expended under the original appropriation and a special appropriation to cover over- expenditures. This appropriation will cover the remaining funds to be expended.) ESEA - Title II, Library resources (This is the balance of an allotment from the state Department of Education for library books for new schools.) 1,366.38 12,919.26 2,615.32 Motion was offered by Mr. Fisher to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the sum of $37,072.32 be and the same hereb'y is appropriated from the general fund and transferred to the general operating fund as follows: 1R 21,661.66 2A 10,000.00 10E 3,400.00 10J.1 644.28 18C.8 1,366.38 AND FURTHER RESOLVED that the sum of $15,534.58 be and the same hereby is appropriated from the school operating fund and transferred to the following codes: 17P 12,919.26 17R 2,615.32 8-15-74 Mr. Thacker gave second to the foregoing motion, but noted that in the special appropriations for the county attorney's office, none of these pertain to Mr. Batchelor's defense or the defense of any other county employee, but are strictly for normal county duties. Vote was taken at this point and the motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Mr. Jones continued with a request for reappropriation~qf unexpended balances of 1973-74 appropriations: 1F-160 2A-103 Personnel Training Program: Personnel training is an on-going program. Plans have already been initiated for seminars to take place in the coming year. $ 3,303.61 Real estate assessments: Balance of special appropriation made to cover charges of Wingate Appraisal service in the reassessment program. 79,000.00 2A-403 Furniture - Ordered but not yet biI%ed. 1,803.09 _ 2A.1 Land Use assessment: Funds requested to cover changes in staffing approved since the 1974-75 budget appropriation. 27,608.00 Mr. Henley asked if this is the amount that implementation of the land use tax will cost during this fiscal year. Miss Godsey presented to the Board a tentative.budget. She said the largest item in this budget is the salary of the field examiner. The person who was expected to take this job had asked $8.10 an hour. Included ~n this budget is this figure on a full time basis. The job of field examiner will probably be full-time for the next year in order to get all the assessments ready for the land book for the 1975 assessment. Mr. Sampson said a full-time person may have to be hired and then trained for this job. The county will probably have to purchase a vehicle for him. At this time, a final decision has not been made. Mr. Wheeler recommended that the Board approve this reappropriation but said he would like to discuss the overall program at another time. He felt someone can be hired for about $1,000 a month. This person could be paid mileage for use of his personal car. 6A-199 Policing and investigation: Management study of this department. $ 3,000.00 Mr. Thacker said the figures the Sheriff gave today indicate the county's share will be about $400 if he receives a grant. Mr. Jones said the Board must appropriate the total amount and the grant will show as revenue. 6A-409 Police Equipment: Included in this figure is $519.44 from a federal grant which has not been spent. The-other $871.85 is needed to cover the cost of a camera and riot guns. $ 1,391.29 ~ D 8-15-74 7C- 2~ 6D Earlysville Volunteer Fire Company: Unexpended balance not yet transferred to the fire company. $ 1,200.00 10B-403 Building Inspections Department: Furniture on order. 669.21 10B-405 Building Inspections Department: Equipment on order. 2,010.90 8,000.00 10B-420 Building Inspections Department: Radios on order. 10B-420A Building Inspections Department: the Fire Marshall. Radio equipment for 6,000.00 Mr. Fisher asked how many mobile radios and how many base stations are being purchased for the $14,000 requested. Mr. Sampson said there is one base station and seven mobile radios involved. The base station is the largest expense. Each separate radio unit costs between $1,000 and $1,200. The cost of the base station is included totally under Code 10B-420A. 10J1-299 County Landfill #1-Ivy: This is the balance of funds appropriated for extinquishing the fire at the landfill. $19,961.88 Mr. Thacker asked if the city is participating in this cost. Mr. Wheeler said the City's appropriation has gone before City Council and will be on the agenda soon for second reading. Mr. Henley asked if this amount is the City's share. Mr. Wheeler said it is the total figure, the City will pay 50%. 10L-215B Parks and Recreation: This appropriation is needed 'to offset costs of repairing and replacing equipment lost or damaged by vandalism. 643.00 1BB.1 Soil Survey: No bills were received for laboratory testing last year. It is anticipated that these will be received and expended during the 1~74-75 fiscal 4,431.35 year. Request for a.._reappropriation of funds to 18B.3 for the emergency services office. Mr. Fish'er felt this should be a special appropriation and vote on this appropriation shows after vote on this list. 18C.8 County Contribution to the Library: This is the unexpended balance of a special appropriation made for repairs to the bookmobile. 25~.37 18C.13 Low Income Housing Program: Unexpended balance of a special appropriation from revenue sharing funds. 20,000.00 19-603 General Operating Fund-Capital Outlay Fund: Funds appropriated but not expended on relocation of the real estate department. 15,523.59 19-610 Renovation of Courthouse: Unexpended balance of ap~propriation from revenue sharing fundsl 50,000.00 19J Joint Airport Improvements: Balance still owed on repairs to the runway. 329.00 19-10L Beaver Creek Comfort Station and Parks Department Vehicles: Unexpended balance of special appropriation · from revenue sharing funds. 14,224.95 17N ESEA - Title I (Low Income): Actual federal revenues for this program were less than the revenue estimate. During the year the Board of Supervisors authorized the transfer of $20,000.00 to cover the cost of continuing the teacher aides. This program will continue until September and this appropriation is needed to cover these costs. 9,949.96 17Q ESEA - Title III - (Innovative Programs): Unexpended balance of the 1973-74 appropriation. $ 389.06 17X ESEA- Title VII (Prime): This is the balance of grant received in May and a special appropriation of $114,693.00 which was made at that time. 106,603.27 19.26 Westside Senior High School: Unexpended balance of a special appropriation. 21,000.00 Motion was offered by Mr. Fisher, seconded by Mr. Thacker to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $397,296.53 be, and the same hereby is, reappropriated as follows: From the General Fund $159,276.70 From Federal Revenue Sharing Funds 84,224.95 From the School Operating Fund .......... 116,942.29 From the General Operating-Capital Outlay FUnd 15,852.59 From the School Construction-Capital Outlay Fund ................. 21,000.00 The foregoing motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. t8B.3 Emergency Services Office - None of the fiscal year appropriation was expended - the revised contract now signed will cost $2,000 more than the approved fiscal year budget estimate. $2,000.00 Mr. Carwile offered motion to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $2,000.00 be, and the same hereby is appropriated from the general fund and transferred to the general operating fund for use by the smergency services office and expenditure of these fhnds is hereby approved. The foregoing motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Mr. Carwile ~requested that a list of unencumbered funds be prepared for the Board. Mr. Jones said he has been working on this but has to establish an actual adjustment of revenue caused by the roll-back in real estate assessments. The following resolution was received from the School Board: WHER~S, the 1974-75 Albemarle County School Board budget under section 17B2-220 for Travel Expenses for Administrative and Supervisory Personnel was calculated at the reimbursement rate of 10¢ per mile for business use of personal automobiles. and ' WHEREAS, the appropriation ordinance adopted by the Albemarle/ County Board of Supervisors now authorizes reimbursement at the'r~te of 12¢ per mile for business use of employees personal automobiles; NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County School Board hereby requests the Albemarle County Board of Supervisors to appropriate an additional $5,400 under section 17B2-220 of the 1974-75 County budget in order that the Albemarle County School Board can reimburse its employees at the 12¢ per mile rate which other county employees receive. 8~15~74 Motion was offered by Mr. Wood, seconded by Mr. Carwile to adopt the following resolution: BE IT RESOLVED by the Board o~f Supervisors of Albemarle County, Virgini~ that $5,400.00 be, and the same hereby is, appropriated from the general fund and transferred to the school operating fund and coded to 17B2-220, and expenditure of these funds is hereby approved. The foregoing motion was carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler, and Wood. NAYS: None. At 11:55 A.M., the Chairman requested an executive session to discuss legal and personnel matters~ Motion to this effect was offered by Mr. Carwile,~seconded by Mr. Thacker, and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. The Board reconvened at 1:47 P.~M. Statements of expenses of the Department of Finance, Sheriff's Office and the Office of the Commonwealth's Attorney for the month of July, 1974, were presented. On motion b~'~M~Tha~ker, seconded by Mr. Wood, these statements were approved as read. The motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Statement of expenses incurred in the operation of the County Jail for the month of July, 1974 were presented, along with summary statement of prisoner days. Also, presented was statement of the jail physician in the amount of $28.00 of which 2./3 is reimbursable by the state. Motion was offered by Mr. Henley, seconded by Mr. Fisher'to approve these statements. The motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Report of the County Executive for the month of June, 1974, was presented as information. Mr. Carwile offered motion that the salary of the County Attorney be set effective August 1, 1974 until further notice at $3,000.00 a month. Motion was seconded by Mr. Wood. Mr. Wheeler said that this was the figure paid Mr. St. John for the three or four months previous to-June 30, 1974. Mr. Carwile said comments made earlier by Mr. Thacker in approving a special appropriation for the County Attorney's Office, they are repeating at this time, no part of this compensation is for Mr. Batchelor~s defense. The motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Mr. Thacker offered a report on the bids taken for expansion of the Courthouse. He said the bids are in excess of the preliminary estimates for this work. The Board appropriated $50,000.00 in the current budget. However, the lowest bid was over $130,000.00. Of this amount, approximately $25,000.00 is for reworking the present electrical systemsiin~both--7~he Courthouse and the County Office Building. The Board has received a letter from the architect, Johnson, Craven and Gibson, dated August 14, 1974, stating that the low bidder, Gelletly Company, Incorporated, would like to have either a rejection or acceptance of the bid by Friday, August 16, 1974. The last time he had repo~ted to the Board it was indicated there might be a conflict with the State Fire MarshallI.s Office. He would like to state that based on the information he has received, the State Fire Mar'shal's Office does not have jurisdiction in this matter. The plans were forwarded to that office in error. Mr. Johnson has corresponded with the State Fire Marshal's Office and they have reiterated that their office does not have jurisdiction. It is up to the local building administrator, Mr. Frank Muse, and he has~-re~iewed and approved these plans twice. There is a staff committee studying space needs of the county. However, with the situation in the County the last several weeks, the Board's committee has not had time to meet with the staff committee. The Space Needs Committee needs to look at the overall space needs of the county, including the court a and for this reason, the committee recommends that the Board request/thirty day extension of the proposal of Gelletly Company. Mr. Thacker then offered motion to request such an extension from the low bidder. 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. Mr. Fisher offered the name of William Roy Barksdale, Jr., to replace Avery Catlin as a member of the Albemarle County Planning Commission, said term expiring on December 31, 1977. He said Mr. Barksdale is a native of Albemarle County. He graduated from Greenwood High School, attended electronic schools in the Navy and three semesters at the UniVersity of Virginia. He has been employed by various electrical industries in the community and is now President of his firm in Crozet. Mr. Fisher then offered motion to appoint Mr. Barksdale. The motion was seconded by Mr. Henley and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Mr. Carwile offered motion to appoint Dr. Virgil H. Marshall as a member of the~JQint Airport Commission. This appointment to fill one of the vacancies caused by the recent amendment of the Airport Commission Ordinance, §aid term to expire On~De~cember 1, 1976. The~.motion was seconded by Mr. Fisher and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. The next item to be discussed was appointment to the Welfare Board. Thacker said the County has been fortunate to have Mr. Edgar Paig~serve on this Board in the past. Since there is some unclearness in the State Code concerning appointments to the Welfare Board, he feels the County could search long and hard and not find a person more qualified to fill this position. He then offered to reappoint Mr. Paige to another term~as a member of the Albemarle County Welfare Board, said term~to expire on June 30, 1977. The motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Carwile~Henley, Thacker, Wheeler and Wood. Item Number 21 on the agenda fo~$,today was discussion of a letter from City Council in reference to a landfill site. At 2:00 P.M., Mr. Wheeler requested an executive session to discuss a legal matter in reference to this letter. Motion~to this effect was offered by Mr. Fisher, seconded by Mr. Henley and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. The Board reconvened at 2:08 P.M., and upon proper motion, the meeting was adjourned.