Loading...
HomeMy WebLinkAbout1974-10-17~ 10-1Za74 2 8 3 A regular meeting of the Board of County Supervisors of Albemarle County, Virginia was held in the BoardL~.~Room of the County Office Building at 9:00 A.M. on October 17, 1974. Present: Messrs: Stuart F. Carwile (9:30 a.m.), Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. (9:20 a.m.) Absent: None Officers present: County Executive and County Attorney. Mr. Jim Butler, County Extension Agent, introduced Mr. Perkins, District Agent, who in turn introduced to the Board Mr. Wayne Compton whom the Extension Service is recommending to replace Mr. Richard White as local Extension Agent. He stated that Mr. Compton would begin work in Albemarle on November 1, 1974, at the same salary of Mr. White, subject to approval by this Board. Mr. Wheeler welcomed Mr. Compton to Albemarle County. Mr. Henley moved that the recommendation of the District Agent to employ Mr. Wayne Compton, effective November l, 1974, at the same salary level as that of Mr. White, be accepted. Motion was seconded by Mr. Thacker and adopted by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker and Wheeler. NAYS: None ABSENT: M~ssrs. Carwile and Wood Minutes of May 16, May 22 (afternoon) and May 22 (night), 1974 were submitted for approval. Mr. Thacker called attention to motion made by Mr. HeRley on page 262 to which no second was recorded. Motion was seconded by Mr. Wood. Mr. Fisher noted mistake on page 266; correct arraying to annoying noise level, and near the middle of page 293 correct Planning to Planning Commission. On motion by Mr. Fisher, seconded by Mr. Thacker, it was ordered that minutes of May 16 and the two meetings of May 22, 1972, be approved with the foregoing cor- rections. Motion carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker and Wheeler NAYS: None. ABSENT: Messrs. Carwile and Wood Mr. Wheeler stated that discussion should be given to how to get minutes up to date. Mrs. Moon, Deputy Clerk, advised that in June there were five meetings, July- eight, August - five, September - seven and so far in October there had been three, a total of twenty-eight meetings. Since completing the three May meetings just approved, three of the five June meetings have been entered in the book but not as yet Xeroxed for the Board and the other two should be completed within a week. She stated that the one she covered in September and the two in October are completed in rough draft but cannot be copied into the Minute Book until that point is reached in catching up prior meetings. Miss Neher has been working at night and on week-ends dictating the minutes and Linda Leake is preparing rough drafts to be copied into the book. She further stated that Miss Neher is now working on transcripts for a court case for 284 10-17-74 the County Attorney so no work is being done on the minutes at the present. Mr. Wheeler referred to request for appropriation, docketed for later in the meeting, to cover costs of changes in the office of the Clerk to the Board. 'He asked for discussion on this request. Mr. Batchelor called attention to memo to the Board under date of October 16 which requests that the Mag Card operation be trans- ferred to Planning and that a memory typewriter be leased for the Board Clerk, that the position now held by Mrs. Sandi Davis be upgraded from Secretary I! to Deputy Clerk and that someone ~ith greater secretarial skills be employed for this position. The total appropriation requested for this was $8,491.00 of which only $~,60~.00 would be charged to the Board of Supervisors as the greater~ portion of the Mag Card operation would be charged to the other departments for which most of this work is being done at this time. Mr. Batchelor further advised that if the work load as currently sched- uled can be followed, it is anticipated that minutes can be up-to-date around the first oftthe year. He noted the increase in number of meetings as well as the in- creased detail requested by the County Attorney in preparation for court cases. Mr. Wheeler expressed concern about hiring someone new who could be of any assistance. Mr. Batchelor stated that this was the reason for upgrading the position; it was hoped that someone with greater secretarial skills and abilities who can be of assistance to Miss Neher can be employed. Mr. Wheeler wanted to know if there was any way Mrs. Moon could assist in getting these minutes up-to-date She stated that the meetings which she has attended prior to this one are ready to go into the book when that point is reached in back minutes and she has gotten out all correspondence from those meetings. Mr. Wheeler again asked if she could be of assistance in getting out minutes prior to those. She stated that she would Go all she could to help the Board as long as she could. However, the pressures of trying to catch up on her regular work and keeping up with daily routine in addition to the extra workload of helping Miss Neher oatch up, (everyone being behind because of the extra pressures on the offices recently), have had such an effect on her nerves that she has felt it neeessary to look for other employment. She again stated that she was willing to help as long,as she could. She stated that she had taken about all the crap she could, she was sorry to use that word but could not think of another one to fit. Mr. Wheeler asked Mrs. Moon if she could g±ve the Board a time when she was leaving. Again she stated that she wished him to know that she was looking for something else but would be willing to help as much as she could tuntil she was able to find other employment. Mr. Fisher stated that he would like to have time to read over the explanation submitted with the request for an appropriation. Mr. Wheeler stated he Pelt the Board needed to talk about personnel and this was something that needed to be done in executive session. He requested that the Board pass over this matter at the present time and call Miss Neher in later in the meeting to discuss the matter further. Mr. Henley asked if there were some way to get the meetings recorded so that they could be put in the book just as they are recorded. Mrs. Moon stated that she wasn't so sure the Board would want them in that way and that several meetings could easily fill a book. Mr. Wheeler wanted to know why the minutes shouldn't go in just the way they are recorded. (For inf.ormation only; the Clerk would like to point out that had the first motion of today's meeting been recorded as it happened, half a page would have been devoted to comments about V.P.I. In addition, it is rare that a motion to include a road into the State System includes anywhere near the necessary infor- mation required by the Highway Department for such acceptance. Also, there are times when several persons are talking in'the background and it ~ impossible without notes to determine from the tape what is actually being said.) After considerable discussion, the Chairman stated that this is a decision the Board is going to have to make; they are going to talk about personnel and to the County Attorney and make a decision as to how it is going to be done. Mr. Wheeler stated that Mr. Amon Williams was present with regard to roads in Earlysville Heights. He asked for reports from Mr. Humphrey and Mr. Warner. Mr Humphrey stated that the Planning Department had received letter from the Highway Department advising that the roads meet State standards and qualify for acceptance. He stated that this is the written communication the Board desired in order to lift the moratorium. It was pointed out that the Highway Department already has a resolu- tion from this Board based on lifting the moratorium. Mr. Williams was advised that he must post bond and he stated he would get the amount required and post same. Mr. Thacker offered motion to lift moratorium on building permits in Earlys- ville Heights as soon as necessary bonds have been posted with the Highway Department and Mr. Humphrey is so advised. Motion was seconded by Mr. Wood and adopted by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None Mr. Harley Easter and Mr. Ashby Kennon appeared with regard to roads in Westover Hills. Mr. Wheeler asked about the status of those ros[ds. Mr. Humphrey stated that it was his understanding that section 3 meets standards of the Highway Department, but he did not know about section 2. He said he had not received a written communication that these are ready yet. (Clerk's Note: This subdivision is not recorded by sec- tions. This Board has previously forwarded to the Highway Department resolution on a portion of Westover Drive and all of Westover Circle.) Mr. Warner advised that the~ are in the process of getting plans and bonds on the whole works. He stated that / there were some minor changes to be made but things were at the point where the Board could adopt resolutimn subject to final Highway Department approval if they so de- sired. It would be ready to process before the next Board meeting and he wouldn't want to penalize the developers any longer than necessary. After discussion, it was felt proper to ad~pt resolution first recommending acceptance into the State System and then adopt resolution lifting '~moratorium on building permits. Accordingly, the following resolution was offered by Mr. Thacker, seconded by Mr. Wood, and adopted by the following recorded vote: 286 AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None 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 that section of Westo~er Drive in Westover hills Subdivision beginning at Station 20+81.50 and continuing in a southwesterly direction for a distance of 1,102.55 feet; and BE IT FURTHER RESOLVED that the State Highway Department be and is hereby guaranteed a 50[ unobstructed right-of-way, along with drainage easements, as recorded in Deed Book 532, page 398, in the office of the Clerk of the Circuit Court of Albemarle County. ~ The following resolution was offered by Mr. Thacker, seconded by Mr. Wood, and adopted by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that building permit moratorium be lifted on sections 2 and 3 of Westover Hills Subdivision as soon as the Plan~ing Department is advised by the Highway Department that bonds have been posted, and further, that in the event there is a hold-up in one section, this will not prohibit proceeding with the other section. Mr. Wheeler submitted communication from Alcova Associates, Inc., requesting incluSion into the Secondary System Vincennes Road and Vincennes Court located in Key West Subdivision. Copy of communication from Mr. Warner was also received showing these roads to meet State standards. On motion by Mr. Wood, seconded by Mr. Carwile, the following resolution was adopted by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wood. NAYS: None ABSENT: Mr. Wheeler 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 the following~roads located in Key West Subdivision: Vincennes R~ad from State Route 769 to the intersection of George Rogers Road, Section IV of Key West, a distance of 1,6Q0 feet. Vincennes Court from Vincennes Road to cul-de-sac, Section IVA of Key West, a distance of 350 feet. BE IT FURTHER RESOLVED that the Virginia Department of Highways be and is hereby guaranteed a 50' unobstructed right-of-way, along with drainage ease- ments, as recorded in Deed Book 505-page 607, Deed Book 482 - page 223, and Deed Book 530 - page 351 in the office of the Clerk of the Circuit Court of Albemarle County. BE IT FURTHER RESOLYED that this recommendation is subject to final approval by the Highway Department and posting of proper bonds. Mr. Fisher asked if there was anything new about requested addition at Crossroads. Mr. Warner advised that they had not been there yet. The Chairman called for public hearing on intent to abandon that portion of Route 661 from the end of present maintenance to the Rivanna Reservoi~ as advertised in the Daily Progress on October 2 and October 9, 1974. It was pointed out that this section only effects one property owner, Mrs. James Murray, who was present earlier but had to leave. No one else from the public appeared in this regard. Mr. Warner advised that the section in question was a right-of-way and had never been a p~rt of the State Road System. On motion by Mr. Wood, seconded by Mr. Thacker, the following resolution was adopted by the following recorded vote: !0-17-74 287 AYES: NAYS: Messrs. Carwite, Fisher, Henley, Thacker, Wheeler and Wood. None BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that in accordance with public hearing held on October 17, 1974, duly advertised, at which no one appeared in opposition, and pursuant to Section 33.1-156 of the Code of Virginia of 1950, as amended, the Virginia Department of Highways is hereby requested to abandon that portion of Route 661 from the end of present State maintenance to the Rivanna Reservoir. The County Executive called attention to Operational and Fiscal Summary for Albemarle County covering fiscal year 1973-74, received from the State..Highway De- partment, copies of which were mailed to each Board member. Mr. Henley asked about Route 682. Mr. Warner stated that this road needs to be improved from the standpoint of safety. However, like everyone else, the Highway Department is caught in the web of inflation and the estimated construction cost'of this project at this time is around $500,000. The right-Of-way had just been obtained as of yesterday at a cost of $100,000 with the exception of one property owner whom they had nov been able to locate. He said he could not recommend expenditure of this amount. He said it might be wise to get together just to discuss road matters in general. The Chairman said he felt such a discussion was needed within the next ten days. Mr. Wheeler stated that a decision needed to be made on Route 637 north from 1-64 to Ivy and Route 637 south from 1-64 to the landfill. He stated that he needed the cost within the next few days to maintain and keep in shape that section to the land- fill. He also asked that Mr. Warner put Routei'744 off of Route 250 on the list of those roads to look into. Discussion was given to setting a night meeting to go over the road situation and get some public input. It was finally decided that this would have to be after No~ember 1st. Mr. Warner advised that he would get the infor- mation wanted on Route 637 to the landfill to Mr. Wheeler by Tuesday of next week. Mr. Humphrey advised that request had been received from residents in Berkeley Subdivision requesting stop sign on Commonwealth Drive at its intersection with Greenbrier. The location in question is not in the State System according to the Highway Department. It is scheduled for acceptance around December 1st. It was pointed out that the County can put up such a sign under recently passed ordinan'ce. The County Attorney advised that he would look into the procedure for this. Mr. Wheeler requested Mr. Warner to have someone notify Mr. Conte that+~the road near Blue Ri~g~ Sanatorium had been abandoned. Mr. Humphrey advised that on Monday of this week he was informed by Acme Visible Records that they would not be able to get the information that the staff needs to inform all property owners in connection with the type of zone being placed on their property prior t6'.~the~p~b~ic hearing dates tentatively set up. He advised further that this has come about because of the other priorities which Acme is working on for the County in preparing tax refunds and tax tickets. The earliest they can complete their work for the Planning staff would be December 5th. He stated that the Planning Commission, on being advised of this, tentatively set up their four additional 288 10-17-74 meetings for the latter part of January. The Board hearings would have to be set for late February or early March. It was decided that the Board would not set dates for its public hearings until after the Planning Commission hearings have been com- pleted. The Chairman called for public hearing on intent to amend and reenact Section 6-3 of the Building Code so as to eliminate the fee charged for all routine inspec- tions performed by the Fire Marshall as advertised in the Daily Progress on October 2 and October 9, 1974; no one from the public appeared on this matter. Communica- ~tion was received from Mr. H. P. Clark, Building Official, recommending the adoption of this amendment. The following resolution was offered by Mr. Wood and seconded by Mr. Carwile: BE IT RESOLVED by the Board of ~ounty Supervisors of Albemarle County, Virginia, that the Albemarle County Code, Section 6-3 - Fee Schedules - be amended and reenacted so as to eliminate the fee charged for all routine in- spections performed by the Fire Marshall. The foregoing resolution was adopted by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler, and Wood. NAYS: None The Chairman called for public hearing on intent to extend the life of the Albemarle County Service Authority for fifteen years as advertised in the D~ly Progress on October 5, 1974. Mr. Ray B. Jones, Executive Director of the Authority, explained that the Authority is in the process of issuing forty-year bonds which would extend beyond the life of the Authority as establiShed in 1964. No one from the public appeared in this regard. Mr. Carwile moved the adoption of appropriate resolution to extend the life of the Albemarle County Service Authority for fifteen This motion was seconded by Mr. Wood and adopted by the following recor~d~ years. vote: AYES: NAYS: (NOTE: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None See later minutes ~escinding the above and adopting resolution in accordance with recommendation of $ounty attorney.) Mr. Rob R. Blackmore, Director of the Commission of Outdoor Recreation, appeared on invitation of this Board to discuss the study being made in Fluvanna County of the Rivanna River to determine if Albemarle would desire to have its section of said river studied for designation as a Scenic River by the General Assembly. Mr. James Murray was also present at the request of the Chairman. Mr. Blackmore stated that a commission was created in 1968 to determine which rivers in the State should be main- tained in their free-flowing state for future generations. A general study included seventy-nine rivers in the State of which twenty-nine w~re recommended as being worthy of preservation. One of these was the Rivanna River from Albemarle to the James River, a distance of some twenty-five miles. He stated that before they would want to study the section in Albemarle, they would like to have some expression from the Board of Supervisors that they would be interested and would be interested to the extent ' o- 7-74 2 8 9 that they would help set up an advisory committee. He stated that there was not time to get this under way before the 1975 session of the General Assembly. However, if the Board would like the Commission to look at that section of the river, they would be happy to do so after the first of the~ar, and make their recommendations to the Advisory Committee. Mr. Fisher ~nquired if this would commit the Board to take any action as far as protection to lands or taking the property rights along the river. Mr. Blackmore said the study itself would be investigation~ of the various preservation techniques, such as local land use and open space easements and acquiring certain rights from landowners. It could include fee simple acquisition. Mr. Wheeler stated that since Albemarle already has land use, zoning, flood plain ordinance etc., he felt this pretty well took care of it. He couldn~ see what this study would do. Mr. Blackmore advised that the Scenic River Act would prohibit the impoundment of designated free-flowing scenic rivers, unless specifically authorized by the General Assembly. Mr. Wheeler advised that this was very low on his priority list and he was not in favor of it. He told Mr. Blackmore he appreciated his coming and the Board will take the matter under advisement. Mr. St. John requested that the Board reconsider the action just taken about extending the life of the Service Authority for fifteen years because that puts the life of the Service Authority beyond fifty years from this date and you can't do that. He suggested that someone offer a motion to extend the life of the Service Authority to the date of October 17, 2024. Mr. Thacker offered motion to rescind previous action of this meeting extending the life of the Service Authority for fifteen years. This motion was seconded by Mr. Fisher and ad~pt~d by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None The following resolution was offered by Mr. Thacker, seconded by Mr. Wood, and adopted by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None WHEREAS, the Albemarle Counvy Service Authority was founded in April, 1964, for a term of fifty years from said date, to the year 2004; and WHEREAS, the Albemarle County Service Authority proposes to ~ssue in the near future $1,970,000.00 in Water and Sewer Bonds for a term of forty years; and WHEREAS, the forty year term of the bonds would exceed the current term of the Albemarle County Service Authority's existence; and WHEREAS, the Albemarle County Service Authority at its regular meeting on August 8, 197~ unanimously adopted a resolution requesting the Albemarle County Board of Supervisors to grant an extension of the life of the Albemarle County Service Authority; NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Super- visors extends the life of the Albemarle County Service Authority to October 17, 2024, pursuant to Section 15.1-1250 (A) of the Code of Virginia. Mr. Albert Shank, administrator of the joint security complex, appeared regarding the capital and operating budgets of that facility for the remainder of the fiscal year. Mr. Shank called attention to memo to the Board from the County Executive under 290 10-17-74 date of October 11, in which Mr. Batchelor recommended against approval of fencing the complex grounds in the amount of $15,000 and paving of two exercise areas in the amount of 34,500. Mr. Shank said he felt the fence to be necessary for security reasons. He stated that lack of a fence would require posting a perimeter guard for which he did not have funds. Additionally,~authorized persons entering upon the grounds would be subject to arrest. Mrs. Rabinowitz of the Jail Board stated that said Board felt the fence was necessary and should be completed at the earliest pos- sible time. Also~ since the exercise area is now a sea of mud, there was no question in their minds that this should not be paved. Mr. Henley stated he felt that due to the heat that would be generated by a paved area during summer months, that perhaps consideration should be given to putting sod the area. Mr. Shank said he certainly would not oppose trying sod or seeding. The Board entered into considerable discus- sion about both of these proposed capital expenditures after which motion was offered by Mr. Thacker to accept the recommendation of the County Executive to cut the total capital outlay budget from $61,073 to $41,573 by the elimination of $15,000 for fencing and $4,500 for paving. Motion wa~ seconded by Mr. Wood and adopted by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Discussion was then given to the operating budget of the complex, starting with paramedic personnel, the sum of $34,884 being proposed for this item. Of this amount, $10~000 was proposed for medical and dental care. The County Executive recommended that this be decreased to $5,000. Mr. Shank pointed out that they are now faced with a $5,000 hospital bill for just one prisoner. Mr. Batchelor stated th~this was an unusual expense and such expenses should not be budgeted but rather handled by special appropriations as such occurances are rare. Lengthy discussion was given to several items including boosting system for water pressure, which Mr. Thacker felt should be th~ responsibility of the City of Charlottesville, photo mopier, closed circuit television, and legal library. Mr. Shank offered explanations on each item questioned. However, it was the ex- pressed opinion of several members of the Board that some of the expenditures, particularly with regard to the photo copier, could be cut. The Chairman reprimanded Mr. Shank on several aspects of procedures in selection and purchase of equipment. Mr. Shank was requested to advise the Board of such purchases in the future before they are made. At the conclusion of this lengthy discussion motion was offered by Mr. Thacker to adopt the operating budget in the total sum of $324,444, which includes Mr. Batchelor's recommendation to reduce medical and dental care by $5,000. Motion was seconded by Mr. Wood and adopted by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None 10-1 -?4 2 9 1 Mrs. Sally Meade of the S.P.C.A. appeared along with Messrs. Robinson and Dorrier, Dog Wardens. Mrs. Me, ade referred to S.P.~C.A. contract with the City and County which specifies that the S.P.C.A. will hold for a period of five days stray dogs picked up in the City and County. She stated that during this period they attempt to locate the owner and if not located, at the discretion of the S.P.C.A., the dog is either put to sleep or put up for adoption. She said recently she has found that all the dogs picked up by the County's wardens are not being brought to them but are being taken to Mr. Robinson's home. Mr. Robinson stated that"~they too, try to locate the owners of dogs picked up but many times it is very inconvenient to make a trip to the S.P.C.A., depending upon the location of the pickup. It was Mrs. Mead~s feeling that all stra~s should be brought to the S.P.C.A. in accordance with strict adherence to the contract. A very lively discussion between Mrs. Meade and Mr. Robinson followed. Mr.St. John advised that he has been aver the contract, and has examined the State Code, and neither the State Code nor the contract speaks exactly to the question of whether or not every stray must be taken to the S.P.C.A. However, the contract does state that the S?P.C.A. must receive and care for all dogs delivered by either of the game wardens. After much discussion, the County Executive suggested that he sit down with Mrs. Meade and the wardens to work out some amicable agreement to resolve this situation. This was agreeable to the Board and Mr. Wheeler asked that Mr. Henley meet with this group. Mr. Robert Sampson introduced Mr. Terry Ricks of the University of Virginia Hospital, Medical Services Division, to speak with regard to an emergency number for the area which would require Board action. Mr. Ricks ~xplained that the reason for having a central emergency number was to have a short number that could be easily remembered by everyone in the event of any type emergency, whether the need for con- tact be fire, rescue squad, police or anything of this type. There would be no need to take time to decide which number to call since all emergency calls wou~!d be channelled through the 911 number. This 911 number would cover all m~nicipalities in this planning district. ~=~~=~%%~=~r~=~r=~=~e=~y=~=~g~=~~= ~~= He stated that what they need before they can begin planning is to have the phone company invited by the county government to enter in with their technical know- ledge. The Bell System has already set up many such systems throughout the United States. He has talked to Centel and they are ready to receive requests from the City and County. The phone company will have to work with the emergency agencies so as to set up the most feasible communication syste~ therefore, he suggested that a committee be made up of the public safety agencies of the county and the city to be authorized to deal with the phone company -- fire departments, law enforcement depart- ments, rescue squad members etc. He, of course, would want to be on this committee as an advisor along with a representative of Centel and of C & P since they cover a portion of the County. 2 9 2 zo-z?-?4 Mr. Fisher stated that he has some familiarizatiun with this and that there are a couple of other aspects which were not mentioned. As he understands this, from a pay telephone the 911 can be dialed without tol~. Also, if the program is properly set up, people ~ the far ends of the County will be allowed to communicate through this number without having to call long distHnce. ~~~a~p~s°n advised that a meeting regarding the proposed 911 number was he!d with all emergency agencies in the area and the entire group had endorsed the program. Motion was made by Mr. Fisher that all telephone c~mpanies that do business in Albemarle County be requested to study for implementation the 911 system for emergency response. This motion was seconded by Mr. Wood and adopted by the following recorded vote: AYES: NAYS: AYES: NAYS: The meeting reconvened at 1:50 p.m. the meeting. Messrs. Carwile, Fisher, He~e~, Thacker, Wheeler and Wood. None Mr. Sampson questioned the Board about Mr. Ricks' request for people ta work with the telephone company, whether they wished this to be handled administratively or if the Board wished to do that. Mr. Fisher said he felt we were on the way to getting the Emergency Services Council established for the region and it would be better from his standpoint that this group, along with sheriffs and other, do this on a regional basis. Mr. Wheeler requested an executive session to talk with Sheriff Bailey and then continue on through lunch on legal matters. Mr. Thacker so moved, which motion was seconded by Mr. Fisher, and adopted at 12:20 p.m. by the following recorded vote: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None Mr. Carwile was absent for the remainder of Request was received from the City of Charlottesville to amend the Albemarle County Zoning Ordinance relating to the A-1 zone by adding Section 2-1-25 (38) to permit GO-Cart and Mini-Bike tracks as public amusements. Mr. S. Huja appeared in support of this request. It was mentioned that this project was proposed for the area previously used by the City for a landfill. Mr. Huja said he understood the zoning ordinance would already permit such use by the City but plans had not been firmed and it may be that they would want to do this on a concession basis, which would require an amendment to the ordinance. He ~ated that they do not have any dSfinite plans. Some discussion was given to the condition of the landfill area. It was pointed out that should the area be put to this use, the land would have to be put in condition for the operation which would certainly improve the situation as it now exists. Mr. Wheeler emphasized that this facility should have been taken care of two years ago. Mr. Thacker said he felt the first thing needed by the Board was an opinion from the County Attorney as to whether or not this is a permitted use under the Zoning Ordinance. Mr. St. John stated that he had not had an opportunity to go over this prior to the meeting. He said he would talk to the County's Zoning Adminis- trator and Mr. Huja and give an opinion as to whethe~ the City should apply under the existing ordinance or apply for an amendment. Mr. Batchelor advised that the staff has gone over in detail the land use values. He stated they have attended some SLEAC meetings in Richmond and have found some areas they can't agree with in principle but are forced to agree with legally. He asked Miss Godsey to explain the situation to the Board. She stated that November !st is the deadline for application for land use taxation and many taxpayers have been asking what values will be applied for each use category before they make a decision to apply. She pointed out that the Code charges the assessor with setting values; the Board does n.ot have to take action on this. The field examiner has to determine which portion of the acreage is good, medium, or fair. She stated that after extensive study, the staff was recommending that the County attempt to classify soils into three groupings rather than eight classes. They recommended the following groupings and values for the agricultural and horticultural use categories. Good - Classes I, ~ Medium - Classes IV, Fair - Classes VII The following recommendatio~ Excellent - $160 pc Good - $125 pt Fair - $ 90 p~ The following ranges were rt Golf Courses Swimming and similar c~ Quasi-public camps She advised that by State law, y~ trees. Mr. Fletcher Simms, Mr. on this factor and it was their the value of timber and orchard agricultural land is valued at $ per acre for fair forest land su' the same opinion. The following by Mr. Henley: BE IT RESOLVED by the County, Virginia, that ation, hereby concurs in th tation of State Law, with t land reflects the value of AGRICULTURAL AND HORTICULTU Good - Classes I Medium - Classes I Fair - Classes V FOREST LAND:I Excellent - $160 per Good - 125 per Fair - 90 per ]I, and III - $380 per acre V, and ~ - $190 per acre and VIII - $ 50 per acre is were made for forest land: ~r acre ~r acre ~r acre ~commended for open space land: - $1,000 to $1,200 ubs - 3,000 to 5,000 - 1,200 to 1,400 u have to add value of standing timber and orchard ~ay Jones and Mr. Batchelor entered into a discussion ~onsensus of opinion that the value of land reflects ~rees. Mr. Fisher stated that the fact that fair i0 an acre in the proposed scale as compared to $90 stantiates this fact. Other Board members expressed resolution was offered by Mr. Thacker and seconded 3card of County Supervisors of Albemarle this Board, in connection with land use tax- assessor's (T. M. Batchelor, Jr.'s) interpre- .e understanding that the value of forest ~rchard trees a~d timber thereon, as follows: ~AL USE CATEGORIES: II, and III - $380 per acre ~, V, and VI - 190 per acre and VIII - 50 per acre acre acre acre OPEN SPACE LAND: Golf courses - $1,000 to $1,200 Swimming and similar clubs - 3,000 to 5,000 Quasi - public c~mps - 1,200 to 1,400 The foregoing resolution was adopted by the following recordS~ vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood NAYS: None ABSENT: Mr. Stuart Carwile. The Chairman called for discussion on action needed to collect delinquent con- tractor's licenses. Mr. Wheeler stated that as discussed previously, the County Attorney can certainly proceed with civil suits but he still was not sure that this was the wish of this Board. He would, like to see the Commonwealth's Attorney proceed with this too. Mr. St. John stated that he is proceeding with the help of the Finance office to file suits, two of which have already been drafted and ready to file, to colleCt the tax and p~nalty and interest; that is all which can be done in a civil suit. The burden in such a suit is to prove that the tax is due. To collect the fines for willful violation of a tax ordinance, or t6 impose jail sentence for willful violation, is a function of the Commonwealth's Attorney. He stated that the office of the CommOnwealth's Attorney is being furnished the same data that he is being furnished with respect to all violations of which the tax office has knowledge. He stated that he had already received from this Board, b~t now requested that it be reiterated and entered into the record, that he has authority to file these suits on behalf of the County, without coming to the Board for specific authority to file each suit. Mr. Wheeler asked Mr. Batchelor if he had in his possession a copy of a letter sending this information to the Commonwealth's Attorney requesting that he take action, and if so, he would like to see it. Mr. Batchelor stated that this was turned over to the County Attorney and he did make such a request. Mr. Wheeler again asked if Mr. Batchelor had made such a request. Mr. Batchelor replied no, this was turned over to the County Attorney and he made th~ request. Mr. St. John advised that Mr. Ray Jones has the file copies of written notice to Mr. Haugh wherever a violation exists, along with supporting documents or whatever evidence there is in the Finance office to show the amount which should have been paid, what was paid, etc. This has been sent to the Commonwealth Attorney's office by registered mail. Mr. St. John referred to forms being used to notify the Commonwealth's AttOrney of the exact status of each delinquency, which states that in the opinion of the person filing same, it constitutes a ~iminal violation and the office will rely on him to get a warrant and summons the proper witnesses. Mr. St. John advised that that is the procedure prescribed by the State Code. Mr. Wheeler asked to see a copy of the letter sent. Mr. St. John advised that there is a separate letter for each vi61ation. 295 Mr. Thacker asked what the least expensive way was for the County to proceed in these matters,to obtain warrants or file suit. Mr. St. John advised that the gollection process is by civil process; the County would receive its tax money and if a person owes less than $5,000 you may proceed by a warrant which costs $4.25 to have issued. That starts in the lower court. You may start in the Circuit Court, the only difference being that it costs more to file. Anything above $5,000 you must start in the Circuit Court. The cost is the same either way except for the filing cost. With respect to fines, this is a ~enal measure to punish someone for willful violation of the tax ordinance and the Commonwealth's Attorney is charged by law with having the warrants issued. He advised that in cases where witnesses are called in and dep6s~tions taken, the cost of a Court Re- porter would have to be paid by the County. Ail other legal work would be charged under the regular budgeted account for salaries in his office. In examining file copy of one of the forms which had been used, Mr. Wheeler asked who had signed ~he form and was advised by Mr. Jones that Melvin Breeden of his office had signed the original. Mr. Wheeler stated that]he was not satisfied with this. He said he realized the intention was good. He stated that he felt when such a letter is sent to Mr. Haugh, it should go out over the signature of the person in charge of the depart- ment. He felt too many forms were being sent to Mr. Haug~, that they should be re- viewed by the department head f~rhis decision as to whether they should be sent. The Board was advised by Mr. Batchelor that this form was prepared by the County Attorney and was being sent out on his advice to County staff. It was further pointed out that Mr. Breeden in the Finance office had the responsibility of collecting suchb taxes. Mr. Wheeler again stated that if someone is to be prosecuted, it should be signed by the top man in the department, or the County Executive. Mr. Thacker said he did not see a ~reat deal wrong with the procedure being followed but he di~ feel if there was a violation, regardless of who calls it to Mr. Haugh's attention, it should be prosecuted. If the Board wishes to make a ruling that the department head make the notification, he would be willing to go along with it. Mr. Wheeler said he felt the department head should be put on notice of what goes on in that department. He may well want to have some more work ~one on it before it is sent out. Mr. St. John said he designed the form in preference to a letter as it provides a check-list to give all t~e necessary information, both to the Commonwealth's Attorney and to himself. He said he did feel it was a good idea to have the form signed by the department head. He stated the file copy should show the date, the signature of the person signing same and have attache~e thereto duplicate copy of all information sent. Mr. Fisher stated he felt there should be a routine reporting 296 10-17-74 to this Board as to'what the status is ~f trying to enforce these ordinances. Mr. Wheeler said he agreed with this and the only way this can be done is for the County Executive to be aware of what is going to the Commonwealth Attorney's office, and sent out with the proper signatures on them. Mr. Thacker said he would like to see the forms signed by the department head and counter-signed by the County Executive. He felt Mr. Batchelor should see a report on every violation going out, but he felt it should be initiated by the de- partment head. On request of the Chairman, the following resolution was offered by Mr. Thacker, seconded by Mr. Henley: BE IT RESOLVED that the Board of County Supervisors of Albemarle County, Virginia, hereby requests a meeting with Mr. Charles R. Haugh, Commonwealth's Attorney, within the next thirty days, to discuss vio- lation of various County and State ordinances, the procedure being followed in reporting to him these vitiations, and the necessary methods of correcting any violations. The foregoing resolution was adopted by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None ABSENT: Mr. Carwile. Mr. Wheeler requested that the resolution and letter be ~prepared for his signa- ture. Communication from Mr. St. John was submitted in reply to letter from this Board asking if it would be possible to issue a blanket bingo permit to the School Board and from that let the School BoaHd give approval to each school to have bingo parties during the year. The letter stated that Section 18.1-340 (b) (2) (i), exempts from the criminal sanctions against lotteries and bingos, a corporation, trust, church, etc. Section 22-63 says that every school board is a body corporate. It was his opinion that the School Board qualifies under the exemption as a corporation operated exclusively for literary or educational purposes. Thus, the School Board could obtain an annual permit to conduct bingo games. The School Board, by Section 18.1- 340 (b), can delegate the authority or duty of conducting bingo games only to a natural person or persons who are bona fide members of the School Board. Mr. Jim Bowling of the County Attorney's office spoke Of this letter. He said it was his opinion that with the way the law is written, one School Board member would have to be responsible for the bingo games, and would also have to be responsible for penalties ~ the Statute for any sort of violation. He could delegate authority to a principal but he would still be held responsible. Mr. St. John said he felt there would be no question about the school bingo parties but he had to point out what the code said. After considerable discussion, the Chairman requested that either Mr. McClure or Mr. Van Fossen appear at the next month's meeting to see what could be worked out on this matter. Application was received from B. F. Yancey-School P.T.A. to operate a bingo game on Friday, November 15, 1974, from 7:00 - 9:30 p.m. Mr. Fisher moved approval of the ~ 10-!7-74 297 permit, which motion was seconded by Mr. Thacker and adopted by the following re- corded vote: AYES: NAYS: ABSENT: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. None Mr. Carwile. Application was received from Stony Point School P'JT.A. to operate a bingo game on Friday, October 25, 1974 from 7:00 - 11:00 p.m. Mr. Fisher moved approval of the permit. Motion was seconded by Mr. Thacker and adopted by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None ABSENT: Mr. Carwile. Application was received from Red Hill School P.T.A. to operate a bingo game on Saturday, October 26, 1974 from 6:00 - 10:30 p.m. Mr. Thacker offered motion to approve this permit. Motion was seconded by Mr. Fisher and adopted by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. ABSENT: Mr. Carwi!e. Reports of the County Executive for the months of August and September, 1974, were presented for information. Report of the Department of Social Services for the month of August, 1974, was submitted for information in accordance with Section 63.1-52 of the Code of Virginia. StatemenTs of expenses of the Department of Finance, the Sheriff's Office and the Office of the Commonwealth's Attorney were submitted for the month of September, 1974. On motion by Mr. Thacker, seconded by Mr. Fisher, these statements were app- roved by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None ABSENT: Mrs. Carwi!e. Statement of expenses incurred in the maintenance of the County Jail was sub- mitted for the month of September, 197~. Also presented was summary of prisoner days and jail physician's bill in the amount of $65.00, of which two-thirds is reimbursable b~ the State. Motion was offered by Mr. Thacker and seconded by Mr. Fisher to approve these statements. Motion carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None ABSENT: Mr. Carwile. The Chairman called for consideration of lease on Mountain House Farm. Mr. Batchelor advised that we are not ready for that; it has gone back for further study. 2 9 8 SP-4!5 and SP-429 - Application of Worrell Newspapers, Inc. Communication was received from Mr. W. Clyde Gouldman, II, attorney for the applicant, requesting permission to withdraw application.for bot~ permits. It was noted that permission to withdraw SP-415 was approved at the previous meeting. Motion was offered by Mr. Fisher to allow Worre!l Newspapers, Inc. to withdraw ap- plication for $P-429 without prejudice. Motion was seconded by Mr. Thacker and adopted by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None ABSENT: Mr. Carwile. The County Executive requested cancellation of check No. 6284 in the amount of $390.00 payable to Peter John Koetting (Crater Plan Dist.) and dated September6, 1974. It was explained that this check was issued to cover plan tickets to Colorado for John Humphrey and Bob Tucker. However, they had to cancel their plans to attend a conference in Colorado and the tickets were not purchases; the check was never mailed from the office. On motion by Mr. Fisher', seconded by Mr. Thacker, it was ordered that the foregoing check be cancelled. Motion carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. ABSENT: Mr. Carwile. The County Executive stated that at-the September 19 meeting, the Board questioned a request for special appropriation of g9,646.64 to cover $14,646.64 bill for salary of the Judge of the Circuit Court. Mr. Robert Sampson submitted written memorandum and commented on this subject. He advised that after numerous requests to Judge Berry to submit a proposed budget brought no response, the amount of his salary for the current fiscal year was estimated on the basis of previous year's audit report. He also explained the State formula for arriving at the various localities' share of the Judge's salary as outlined in his memo. The following resolution was offered by Mr. Thacker and seconded by Mr. Fisher: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the sum of $9,646.00 be and the same is hereby appropriated from general fund and transferred to general operating fund, to cover over-expenditure in the salary of the Judge of the Circuit Court. The foregoing resolution was adopted by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None ABSENT: Mr. Carwile. The County Executive submitted updated costs on cleanup of the Ivy Landfill, as follows: Haley, Chisholm & Morris (contract) - Seeding Security TOTAL $34,85O 4,700 1,500 $41,050 10-17-74 299 Mr. Henley questioned the amount proposed for seeding. He stated he felt this was too much for twenty acres. It was also pointed out that the security which was approved had now been calcelled but we were liable for the number of days for which security was provided before cancellation of the contract. Mr. Wheeler,advised that he had discussed this cleanup with the City and told them we expected their agree- ment to pay 50% of this cost. The Chairman requested Mr. Batchelor to have Mr. Harvey Bailey contact Mr. Henley with regard to the seeding. It was pointed out that an appropriation was needed for the entire amount and the City would be expected to reimburse the County for one-half. At conclusion of discussion, the following resol- tuion was offered by Mr. Wood and seconded by Mr. Thacker: BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the sum of $41,050 be and the same is hereby appropriated from General Fund and transferred to General Operating Fund to cover cost of clean- up of the Ivy Landfill. This resolution was adopted by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None ABSENT: Mr. Carwile. Mr. Robert Sampson explained that the cost of renovation of the old garage building for use by the Real Estate Department had exceeded the estimate by $4,088..46 and requested special appropriation to cover this over-expended account. He stated that there were sufficient funds in Code 19-226 to cover this amount and asked that the appropriation be made from that code. The following resolution was offered by Mr. Wood, seconded by Mr. Thacker, and adopted by the following recorede vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None 'ABSENT: Mr. Carwile. ~BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the sum of $47088.46 be and the same is hereby transferred from Code 19-226 to General Operating Capital Outlay Fund to cover over- expenditure in cost of renovating old garage building for use by the Real Estate Department. The County Executive advised that the County Attorney has filed condemnation papers on purchase of the Continental Can property for the Ivy Landfill. He stated that check in the amount of $204,420.00 would have to be deposited with the Clerk of the Circuit Court and asked that this sum be transferred from Revenue Sharing Funds. (For information:~ since question was raised about proper advertisement and public hearing, it is noted that public hearing included Revenue Sharing Funds for this purpose.) The following resolution was offered by Mr. Fisher and seconded by Mr. Wood. BE iT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the sum of $204,420.00 be and the same is hereby appropriated from Revenue Sharing Funds to the General Operating Capital Outlay Fund to be used for purchase of land for the Ivy Landfill from Continental Can Company. The foregoing resolution was adopted by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None ABSENT: Mr, Carwile? 10-17-74 300 On request of the County Attorney, the following resolution was offered by Mr. Fisher and seconded by Mr. Thacker: BE IT RESOLVED by the Board of County Supervisors of Albemarle County: That James M. Bowling, IV and Frederick W. Payne be and they are hereby appointed as assistants to the County Attorney and as deputy County Attorneys, and they are hereby assigned the duties of assisting the County Attorney in the discharge of his duties, and they are authorized and empowered to act when necessary in the stead of the said County Attorney. The foregoing resolution was adopted by the following recorded ~ote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None ABSENT: Mr. Carwile. Mr. Clarence McClure, Superintendent of Schools, appeared with regard to resolu- tion of the School Board requesting an appropriation in the amount of $66,656 for personnel needs in instruction. He stated that enrollment exceeded estimates, creating need for additional classrooms. Mr. McClure pointed out that the State's basic appropriation will exceed the figure projected in the School Board budget by approximately this amount so.no additional local funds will be required. At conctudion of discussion of this matter, the following resolution was offered by Mr. Wood, seconded by Mr. Fisher, and adopted by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None ABSENT: Mr. Carwile. BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the sum of $66,656.00 be and the same is hereby appropriated from School Operating Fund to Code 17Bl~134A1. Mr. Wood recommended appointment of Mr. William C. Blucher to serve the unexpired term of Mr. Luther Waytes who resigned from the Mental Health Board on September 9, 1974. Mr. Wood presented resume on Mr. Blucher, copies of which were mailed to each Board member prior to the meeting. On motion by Mr. Wood, seconded by Mr. Thacker, Mr. William C. Blucher was appointed to the Mental Health Board to serve the unexpired term of Mr. Luther Waytes which runs through December ~31, 1976. This motion carried by the following recorded vote: AYES: Messrs.. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None ABSENT: Mr. Carwile. Mr. Fisher stated that he had received nominations from the Charlottesville- Albemarle Health District on appointments to the Emergency Medical Services Council and in checking this week to see about the possibility of getting a nomination from the Rescue Squad he found they were not aware of this Council and he felt it was unwise to make any appointments until they can come up with one member to be appointed to it. On Mr. Fisher's request~ this matter was carried over until next month. On request of Mr. Thacker, appointment to the Library Board was carried over until October 23, 1974. The CoUnty Executive requested special appropriation in the amount of $21,015 to cover the PEP program for the period of July 1, 197h through March 31, 1975. He stated that the program was approved on July 25, 1974 but no funds were appropriated. He advised that these funds are fully reimbursable. The following resolution was offered by Mr. Fisher, seconded by Mr. Thacker and adopted by the following recorded vote: AYES: NAY~S: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. None ABSENT: Mr. Carwile: BE IT RESOLVED by Re Board of County Supervisors of Albemarle County, Virginia, that the sum of $21,015.00 be and the same is hereby appropriated from General Fund and transferred to General Operating Fund to cover cost of PEP program from July, 1974 through March, 1975. Miss Neher appeared at the request of the Board to discuss need for special appropriation to cover costs of changes in the office of the Clerk to the Board of Supervisors. She explained that with the number of meetings the Board is now having and the length of these meetings, she felt a full time deputy clerk was needed to keep minutes up-to-date. She submitted opinion from the County Attorney setting forth Code sections which require that all Board minutes must be recorded by the appointed Clerk or Deputy Clerk. She stated that Mrs. Davis, who is serving as Board secretary, is not fully qualified to compose minutes and keep up with required corres- pondence. She called attention to the ~emendous amount of time that had been required of her office in the mag card operation for the zoning ordinance, subdivision ordinance, etc. This is being transferred to the Planning Department in an effort to solve part of the time/workload problem. She advised that clerks are now working overtime trying to catch up on back work. A fully qualified Deputy Clerk would help relieve this situation. Mr. Batchelor stated that Mrs. Davis does not fit the needs which Miss Neher has or that the mag card has and he hoped to be able to transfer her to another position should a vacancy occur for which he felt she was qualified In the interim period, she would be used to do monthly work required on annual reimbursement re, port on Sheriff's cars which has been one of Miss Neher's duties and which, because of its detail, is quite time consuming. Mr. Wheeler asked Miss Neher to contact the Clerk of the Board in Augusta County to determine how many minute books she is filling up, what she is doing as compared to her workload and report to the Board next month. The following resolution was offered by Mr. Wood and seconded by Mr. Henley: BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the sum of $8,491.00 be and the same is hereby appropriated from General Fund and transferred to General Operating Fund to cover the following costs: 1 A - Board of Supervisors - $4,194 10 E - Planning & Zoning - 4,297 This resolution was adopted by the following recorded vote: AYES: Messrs. NAYS: ABSENT: Fisher, Henley, Thacker, Wheeler and Wood. None Mr. Carwile, Mr. Batchelor advised that a call was received this afternoon from the Bureau of Outdoor Recreation in reference to purchase of land.adjacent to Chris Greene Lake. Mr. Sampson advised that the State has a limited amount of money available and requested the Board's feeling on a 50% contribution toward the purchase of this land, approximately 230 acres. This matter was discussed briefly and Mr. Sampson was instructed to advise the Bureau of Outdoor Recreation that the Board is not interested at this time. Mr. Wheeler submitted communicatio~ from the State Department of Welfare calling attention to legislation which provides that no person shall be eligible to be appointed to or serve on a local Board of Welfare who is seventy or more years of age. The Board-was advised that no present members are near this age limit. Mr. Thacker submitted to the Board communicati~on revealing that his company is in the process of negotiating a contract with Madison Hall for the construction of a new office building. He stated that while the County had budgeted the sum of 34,000 to Madison Hall, he had been assured that absolutely none of these funds would be utilized in the construction of this new facility. Further, should any matter con- cerning Madison Hall come before the Board subsequent to this time, he will abstain from any participation. Mr. Wheeler requested that this meeting be adjmurned until 5:00 p.m. on October 23, 1974, in the Board Room, to afford the Board an opportunity to discuss negotiations on the landfill prior to the meeting scheduled for 7:30 p.m. Such a motion was offered by Mr. Fisher, seconded by Mr. Henley, and adopted by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. None Mr. Carwile.