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HomeMy WebLinkAbout1974-09-279-'27'..7.-4 An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on September 27, 1974 at 11:00 A.M. in the Board Room of the County Office Building, Charlottesville, Virginia, said meeting bein~ adjourned from September 26, 1974. Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. Absent: None. Officers Present: County Executive and County Attorney. Mr. Wheeler called the meeting to order and presented to the Board the following agreement-and asked approval of same. THiS AGREEMENT, made and entered into this day of , 1974, by and between the CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal corporation and the BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA, a political subdivision of the State of Virginia. WITNESSETH: WHEREAS, the City of Charlottesville has attempted 'for many months to secure a site for development as a sanitary landfill which is both suitable to serve the solid waste disposal needs of its citizens and acceptable to the zoning authorities of the County of Albemarle; and WHEREAS, this search has proven unsuccessful and has led to severe differences of opinion producing costly and time consuming litigation which has been burdensome to all parties; and WHEREAS, the Circuit Court of Albemarle County by decree entered June 7, 1974, directed the Board of Supervisors to reconsider the City's applications for special use permits at certain landfill sites and if the board failed to grant either of such permits, to propose another landfill site for the City's use; and WHEREAS, pursuant to such decree the County has proposed its landfill site at Ivy for joint use by the City and County, and it appears to the governing bodies of both jurisdictions that this is an acceptable-compromise provided certain provisions are made for improvement of the operation of the Ivy Landfill and for improvement of the highway access available thereto, NOW, THEREFORE, in consideration of the mutual benefits and obligations herein contained the partfes hereby agree to the following terms and conditions: 1. City and County Shall at the earliest practicable date, proceed to acquire fee simple ownership of the land comprising the Ivy landfill site from its present owners by purchase or condemnation, if necessary. 2. Operational control of the sanitary landfill at Ivy shall be immediately vested jointly in the City and County as represented by the City Director of Public Works and County Engineer respectively. 3. Such representatives shalI consult and agree upon all measures concerning the operation of the landfill site and shall seek to insure that it is operated in a safe, sanitary and efficient manner in full compliance with all applicable federal, state and local regulations and sound engineering principles. 4. It is anticipated by the parties that initial operation of the landfill pursuant to this agreement will be performed by City employees using City owned equipment. However, if at a later date it appears disadvantageous for the City to continue use of its own employees or equipment for this purpose, the County agrees to cooperate in securing a contract for operation of the landfill by a third party subject to the supervision and control of the City and Oounty representatives as hereinabove described. 5. For a period of one year following execution of this agreement by both parties or until such later date as accurate figures on the tonnage of solid waste entering the landfill from each .jurisdiction may be available, all operating expenses connected with landfill operations shall be borne equally by City and County. The term operating~e×p~nses ~hall. in~lude all direct personnel costs, cost of materials and supplies, insurance, amortization of existing equipment and other commodities or services furnished by either County or City in connection with landfill operations. Thereafter, operating expenses shall be borne by City and County in proportion to t~e respective tonnage being disposed of in the landfill from each jurisdiction. Such proportion shall be recomputed annually on the anniversary date of the first such computation. For purposes of this agreement solid waste materials originating from and disposed of by the University of Virginia, its contractors or agents, shall be considered to be part of the solid waste volume of County. 6. City and County agree to begin immediately and to proceed with all deliberate speed to secure the necessary improvements to State Route 637 in order to secure safe and convenient access to the Ivy Landfill for all vehicles and to protect the safety of other citizens utilizing such highway. Recognizing that construction of such improvements by the Virginia Department of Highways might be subject to unacceptable delays, City and County agree to proceed to secure ths necessary contracts for design and construction of said improvements and to acquire the necessary right-of-way in connection therewith subject to such consultation and approval from the Virginia Department of Highways as may be required by law and with a view to eventual acceptance of such improvements into the state highway system. 7. Ail capital expenditures in connection with the Ivy Landfill including, without limitation, purchase or condemnation of land, construction of road and other improvements, purchase of new capital equipment and engineering, legal, appraisal or other professional services in conjunction therewith, shall hereafter be borne equally by City and County. 8. Land to be acquired jointly by the City and County pursuant to this agreement for use as a landfill site shall not be sold nor shall the interest of either party therein be transferred or assigned without the joint consent of the governing bodies of both jurisdictions and these parties agree to the recording of appropriate instruments setting forth such restrictive covenant following their acquisition of such property. 9. City and County agree that the Ivy Landfill will be open to receive refuse six (6) days per week, Monday through Saturday, from 8:00 a.m. to 5:00 p.m. with the exception of December 25th. IN WITNESS WHEREOF, the Counci2 of the City of Charlottesville and the Board of Supervisors of Albemarle County have caused this agreement to be executed by their respective presiding officers and attested by their respective clerks pursuant to resolution duly adopted at meetings of each such governing body on September 27, 1974. ATTEST: CITY OF CHARLOTTESVILLE Clerk of the Council Mayor ATTEST: BOARD OF SUPERVISORS OF ALBEMARLE COUNTY Clerk BY (SEAL) Chairman 9-27-74 Motion was offered by Mr. Wood to authorize the Chairman to execute this contract in good faith with the City of Charlottesville. The motion was seconded by Mr. Thacker. Mr. Thacker asked if in conjunction with this contract, there will be a joint committee established to investigate further possibilities for disposal of solid waste. Mr. Wheeler said this has been discussed but is not included in the contract. It was announced at a press conference this morning, held by himself and the Mayor of Charlottesville, that this committee will hopefully be appointed within 30 days and if deemed necessary by the committee, a consultant will be hired. Vote was taken' at this point and motion carried by the following recorded vote: AYES: Messrs. Carwile, Thacker, Wheeler and Wood. NAYS: Mr. Fisher and Mr. Henley. Miss Page Godsey was present to ask the Board's approval of the following agreement with the Thomas Jefferson Soil and Water Conservation District: The County of Albemarle agrees to furnish the Thomas Jefferson Soil and Water Conservation District a clerk from 12:30 p.m. to 4:30 p.m. each day except the fourth Friday each month from 10:00 a.m. to 4:30 p.m. with salary paid by the County of Albemarle. -The District agrees to type the soil survey report and make farm plans and available soil maps accessible to this clerk at all times for her to secure soil capability classifications. This agreement may be cancelled at anytime by either party giving sixty days notice to the other or by mutual consent. COUNTY OF ALBEMARLE: CHAIRMAN THOMAS JEFFERSON SOIL AND WATER CONSERVATION DISTRICT: CHAIRMAN Mr. Batchetor said this puts into writing the agreement the Counvy has had with the TJ District and is agreeable to all parities. Mr. Wood asked if this willeexpedite the enforcement of the Soil Erosion Ordinance or make corrections of errors made ~n the past. Mr. Batchelor said this agreement pertains to the Soil Survey and the Land Use Tax.. The Soil Erosion Ordinance is being redrafted at this time by the County Attorney. Motion to authorize the Chairman to sign the agreement on behalf of the County was offered by Mr. Henley, seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Carwite, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. 22 2 2 2 9-27-? Mr. 0arwile said he understood that Mr. Smart is no longer acting on behalf of TJ Soil and Water Conservation District with respect to approval of certain plans. He asked if that were true. Mr. Batchelor said no. Mr. Smart is still the Chairman of the TJ Soil and Water Conservation District. However, there should be defined either in the law or in the agreement between the County, the District and the Service a method and a time frame for submitting plans, reviewing, passing on and returning these to the County. The Clerk read in the following resolut'ion: WHEREAS, Albemarle County entered into a five year lease on May 15, 1969, with Continenaal Can Company, Inc. for the use of land-~situated in the Samuel Miller Magisterial District of Albemarle County, Virginia, about 4.5 miles southwest of Ivy, on State Route 637, containing ay that time 313.9 acres, more or less, as set fort~ on Parcel 28, Section 73 of the Albemarle County Tax Map, and now containing 303.15 acres, more or less, as a sanitary landfill, whic~ use has been continuous since 1968; and WHEREAS, said lease expired on May 15, 1974, and has not been renewed by Continental Can Company, Inc., and since that date, Albemarle County has continued to use said land as a landfill totally at the will of Continental Can Company, Inc.; and WHEREAS, the health, safety, and welfare of the citizens of Albemarle County and the citizens of the City of Charlottesville require the continued existence of a sanitary landfill for disposal of trash and garbag~by burying the same beneath the surface of the ground; and WHEREAS, an emergency exists in regard to the present need for this landfill as an imm~d±ate, safe, dumping place for waste materials, thus creating the possibility of a substantial health hazard to the citizens of Albemarle County and the City of Charlottesville if Continental Can Company, Inc. should decide to stop Albemarle County from using said land, known as the Ivy Landfill, as a landfill; and WHEREAS, Albemarle County has offered to buy from Continental Can Company, Inc. said land for the amount of $204,320.00, but this offer~· has been ineffectual; NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervmsors desires to acquire by the exercise of the right of eminent domain a fee simple interest in said land known as the Ivy~Landfill, and instructs the County Attorney to institute condemnation proceedings to acoomplish the same and to request the right to remain on said land and continue to use it as a sanitary landfill before the issue of just compensation has been determined. Mr. Wheeler said this exact same resolution will be introduced to City Council in just a few minutes and they will join with the County in the condemnation of this land for ~se as a sanitary landfill. Motion to adopt the foregoing resolution was offered by Mr. Carwile, seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Mr. Wheeler said there was one other matter in connection with the landfill. The present agreement with the contractor, Whitfield Morris, is a thirty-day temporary agreement. He asked that the Board authorize notice be given to Mr. Morris 9-27-74 223 today, cancelling that contract as of October 31, 1974. Mr. St. John said he has drafted a letter to be signed by himself and the City Attorney addressed to Mr. Morris terminating the contract no later than October 31, 1974. The letter states that the City-County are prepared to assume full responsibility for operation of the landfill after that date. He said it is only fair to give Mr. Morris notice that he has until October 31 to cease work and remove his equipment. The letter also requested Mr. Morris to novify the City-County when he intends to cease work so they will have time to get their equipment in place. Mr. Morris will be expected to comply with the existing contractural arrangement with respect to operation of the landfill until he gives the County notice when he intends to cease operation. Mr. Fisher asked how much notice Mr. Morris is being required to give. Mr. St. John said that was not stated in the letter. He did not think the City-County would need but one~tice. The City Public Works Director had said they can move their equipment to the landfill site. at any time. Mr. Fisher asked what would happen if Mr. Morris leaves without giving notice. Mr. St. John said the City can move their equipment right in and there are means by which the City-County would be aware of this. Mr. J. Harvey Bailey, the County Engineer will have personnel at the site twenty-four hours a day to see that a fire does not start again'during this period. Mr. Bailey has said he is sure Mr. Morris will cooperate in this. Mr. Wheeler said this has been discussed by Mr. Agnor and Mr. Bailey. They have assured him that the City stands ready to take over the operation at any time. Motion was then offered by Mr. Thacker authorizing Mr. St. John to take the proper action to terminate the agreement between the County and Mr. Whitfield Morris. The morion was seconded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Mr. Wood said it has been brought to his attention that there is a vacancy on the Mental Health Board. Luther Waytes, has resigned. He asked that the Clerk place this appointment on the agenda for October 17 and send each Board member a copy of the resumee of William C. Blucher who has offered his services as a member of this Board. At 12:05 P.M., the Chairman requested an executive session to discuss legal and personnel matters. Motion to this effect 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. The Board reconvened at 1:33 P.M. (Mr. Carwile and Mr.. Wood absent at this time.) Mr. Wheeler announced that during executive session the Board was notified by the Mayor that the City Council did not take action on the Joint Agreement today. He expects them to resolve their differences and take action on this agreement on next Monday. Mr. Thacker presented the following resolution for adoption. WHEREAS, the Albemarle County Board of Supervisors has received the report of the Special Grand Jury dated September 13, 197~; and WHEREAS, the Albemarle County Board of Supervisors has received a statement from the Staff of Albemarle County dated September 24, 1974, requesting that the Board of Supervisors obtain from the Special Grand Jury specific details of the Charges and allegations contained in its report; and WHEREAS, the Albemarle County Board of Supervisors is gravely concerned with the charges and allegations contained in the report of the Special Grand Jury, several of which are specific in nature and several of which are broad and general in nature to the extent that they cannot be properly investigated; and WHEREAS, the Albemarle County Board of Supervisors has scheduled open public meetings, beginning October 2, 1974, for the purpose of further investigating and providing answers to the charges and allegations contained in the report of the Special Grand Jury to the citizens of Albemarle County; NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors does hereby respectfully request that the Speoial Grand Jury, in the best interest of the citizens of the County of Albemarle, provide to the Albemarle County Board of Supervisors as soon as possible the specifics and particulars of the charges and allegations contained in the report of the Special Grand Jury in order that the Board may fully investigate the charges and allegations in the most expeditious manner possible and at the least possible cost to the taxpayers of the County. Mr. Thacker said he felt the members of the grand jury are concerned with the best interest of the County and think they, as all County citizens, desire the most effective and efficient government for the County. For these reasons, he offered motion to adopt the foregoing resolution. Motion was seconded by Mr. Fisher. Mr. Wheeler said, if the resolution passes, a copy should be sent to each member of the Grand Jury as soon as possible. Mr. Fisher said he felt the request from the staff has paralleled his own concern about how the County could answer charges where they were no specifics about the people, the time, the events and it would be impossible to-go through five to ten years of records to determine what was being alluded to. It is important to get enough detai. 1 so the Board can make a good effort to find if the right things have been done and if they have not, what can be done to correct the situation. Mr. Wheeler said he supports what Mr. Fisher and Mr. Thacker have said and if the Board is furnished enough information by the Grand Jury this will help aid the Board in any investigation they make. 9-27-74 225 Vote was taken at this time and the motion carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker and Wheeler NAYS: None. ABSENT: Mr. Carwile and Mr. Wood. Claims against the County in the amount of $1,533,689.56 were presented, examined and allowed and certified to the Director of Finance for payment and charged to the following funds: General Fund General Operating Fund School Operating Fund School Construction'Capital Outlay Fund General Operating-Capital Outlay Fund Textbook Rental Fund Joint Security Complex Fund Town of Scottsville: Local Sales Tax Commonwealth of Virginia: Current Credit Account $ 35,912.23 305,727.69 1,072,496.89 96,130.42 4,040.02 11,620.90 6,460.51 244.00 1,056.90 $1,5.33,689.56 At 1:40 P.M., motion was offered by Mr. Fisher, seconded by Mr. Thacker to adjourn this meeting until October 2, 1974 at 7:30 P.M. in the Albemarle County Courthouse. The motion carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker and Wheeler. NAYS: None. ABSENT: Mr. Carwile and Mr. Wood. CHAIRMAN