HomeMy WebLinkAbout1974-02-212-2i-74
A regular meeting of the Board of Supervisors of Albemarle County, Virginia,
was held on February 21, 1974, at 9:Q0 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., and Gordon L. Wheeler.
Absent: Mr. Lloyd F. Wood, Jr.
Officers present: County Executive and County Attorney.
The meeting opened with The Lord's PraYer, led by Mr. Wheeler.
Miss Piage Godsey was present. She said there was a bill in the Legislature
requiring that final action be taken on rezoning requests within twelve months of
application date. She asked if the Board would like to support this bill. Mr. Wheeler
said he could see no reason why the Board should not support this bill.
Mr. Fisher asked about a bill concerning tax refunds. Miss Godsmy said ~h~e has
talked with Mr. Murray and he is preparing an amendment. The bill was prepared to make
the statute of limit, ations on all tax refunds unifo'rm. The Attorney General's office
changed this to two years and there is no particular reason for this two year limit.
It has been suggested that the two year limitation be left on tax refunds requested
by the taxpayer and change the other part to seven years so the governing body can
make refunds if they find mistakes. This would cover the particular problem that
Albemarle County is having at the momemt in making refunds for 1969.
Motion was offered by Mr. Thacker to approve the minutes of November 7, November 14
(afternoon), November 14 (night), November 15, November 27, November 28 (afternoon) and
November 28 (night), with the following corrections: Page 375, second sentence, add the
words "when approved", November 27, Page 400, add "time reconvened", November 28,
Page 405, third line, first word, should be "intensive'', the fourth line should read
"the applicant has indicated a desire to hook to the water system", ninth line, second
word should be "24%", Page 412, second paragraph should read "Mr. Fisher offered motion
to deny indefinite deferral". Mr. Thacker's motion was seconded By Mr. Henley and carried
by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
The next item under discussion was a matter relating to Jefferson Village roads:
Mr. Humphrey said he had received a letter from Mr. Charlie Perry of the Highway Depart-
ment dated February 11, 1974, indicating items needed to bring these roads to standard
in order to have them accepted into the State highway system. Mr. Perry said he had
met with Mr. Williams and they had discussed these items. Mr. J. H. Williams was
present. He said the roads were built according to State specifications. These roads
have been inspected several times by the Highway Department. The first time the roads
were acceptable except for gravel on the shoulders. The second time it was fill under
a pipe. The thi~rd time they had to close a road at the end of Thompkins Drive. He said
2-21-7~
he recently called the Bighway Department several times and never had any reply so he
started writing. He met with Mr. Perry to review these roads three or four weeks ago.
There were about eight items to be done. Three of these were caused by the County
putting in water line. Since that time he has talked to Mr. Ray Jones and these
will be corrected. He has talked to Mr. Allan Dillard about the remaining items to
be repaired and has made every effort to get these roads into the system.
Mr. Wheeler asked Mr. Warner is the Board must adopt a new resolution. Mr. Warner
said the Highway Department has never received a performance bond. If they had, these
roads~~~~could have been accepted quite a while ago. He said that accord-
ing to his records~ Mr. Williams needs to put up a $2,500 performance bond which will
be held for one year from acceptance of the roads. Mr. Williams said this would be no
problem. Mr. Wheeler said that if the performance bond is put up, the Board can pass
a new resolution on this matter at the March meeting.
At 9:30 A.M. the Chairman called for a public hearing to abandon certain sections
of roads due to changes in the Secondary System caused by reconstruction of Route 602.
Notice of this public hearing was published in the Daily Progress on February 6 and
February 13, 1974. No one from the public spoke for or against the abandonment. Motion
was offered by Mr. Thacker to adopt the following resolution:
WHEREAS, certain changes have resulted in the Secondary SyStem
due to relocation and construction of Route 602; and
WHEREAS, public hearing was held on February 21, 1974, in
accordance with notice forwarded to each property owner effected, 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 0.07 mile
Section 2 - length 0.14 mile
Section 3 - length 0.08 mile
Section 4 - length 0.22 mile
Section 5 - length 0.12 mile
Section 6 - length 0.04 mile
BE IT FURTHER RESOLVED that th~ 'following sections, b'e added to the
.Secondary System:
Section 7 - length 0 06 mile
Section 8 - length 0 11 mile
Section 9 - length 0 07 mile
Section 10- length 0 06 mile
Section 11- length 0 10 mile
Section 12- length 0 03 mile
The foregoing motion was seconded by Mr. Carwile and carried by the following recorded
vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and ~eeler.
NAYS: None.
Mr. Elliot Marshall read the following communication:
"The Board of Directors of the Berkeley Community Association respectfully
requests the Albemarle County Board of Supervisors to make provision for
the proper and necessary traffic controls to be placed and enforced on Common-
wealth Drive immediately upon it's acceptance into the State system."
2-21-74
Mr. Warner~said the Association was speaking about the piece of Commonwealth
Drive which ~r. Hurt has extended into Berkeley. He said that when this is taken into
the system it will have proper control as far as stop signs are concerned. Mr. Marshall
said he lives at the corner where Four Seasons Drive intersects CommOnwealth Drive. He
has noticed that people are using this road for a short cut from Stromberg-Carlson and
the Telephone Company. They are exceeding the required speed limit and not comingto
a full stop at the stop signs. Mr. Wheeler asked if he had discussed this with the
Sheriff. Mr. Marshall said he has seen a deputy at the corner on several occasions.
Mr. Thacker brought to Mr. Marshall's attention that this road network is still private.
He said the Board has been working with Dr. Hurt for over a year to get these roads to
a standard where they can be accepted into the State System. When they are accepted,
proper controls will be placed. Mr. Fisher said the Sheriff enforces speed limits only on
streets that have been accepted into the State Highway System. Mr. St. John said he
was not sure this is correct. ~en a street has been dedicated to public use, although
it has not been accepted into the State System for maintenance, it is still subject to
the same regulations. Mr. Thacker asked who establishes speed limits in a situation
such as this. Mr. St. John said the governing body has the right to establish speed
limits. Mr. Thacker asked who has the responsibility for posting the speed limit signs
at this time. Mr. Warner said the local governing body establishes the speed limit and
can post signs. Mr. Marshall said there is a stop sign on Four Seasons Drive where it
enters CommonWealth and one on Commonwealth where it enters Dominion. Mr. Wheeler said
the Board should ask the Sheriff to check this situation. Mr. Thacker asked if the signs
should not be posted before the Sheriff is asked to enforce the speed limit. Mr.
Batchelor said that most developers put up their own sign. If the Board agrees to do
this, they will be besieged by requests from all over the County. However, it is not
necessary to have speed limit signs posted. Mr. St. John said that was correct, only
in the event you have a lower speed limit than the general State law requires. Mrs.
Joan Graves said she felt this was the proper time to bring this request before it
becomes a real problem. Mr. Marshall said the residents of this street are concerned
that it is being used more and more as a thoroughfare and they are concerned about
the safety of their children.
The next item under discussion was a request from the Department of Highways to
abandon 0.03 mile of Route T-1307. At the time other routes were affected due to
construction of Project 0020-002-102,C501, record of this section was omitted. Motion
was offered by Mr. Fisher to adopt the following resolution:
WHEREAS, certain changes have resulted in the Secondary
System due to relocation and construction during Project 0020-I
002- 102, C501; and
WHEREAS, it has been determined that no public hearing is
necessary in this matter;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Supervisors of Albemarle County, Virginia, that the following
2-21-74
section, as.indicated on sketch presented to the meeting and
made a part of the Board's permanent file, be abandoned pur-
suant to Section 33.1-155 of the Code of Virginia:
Route T-1307 - length 0.03 mile, from Route R-1306
to Route 20
Mr. Fisher's motion was seconded by Mr. Carwile and carried by the following recorded
vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
None.
Mr. Warner said that on a request to close the lower portion of 01d Route 53, he
now has received a letter from the Right-Of-Way Pepartment in Richmond. They have no
record of ownership for that portion of Route 53 when it was taken into the system.
On the basis of these findings and the., way that this road was taken into the system,
it is assumed that this was a thirty-foot easemenn and they will proceed on that
basis to prepare the papers for abandonment.
The next item before the Board was a request from Gary C. McGee to close and
vacate a portion of Colthurst Drive in Colthurst Farm Subdivision. The petition was to
vacate 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,
Page 422 and Page 423 and Deed Book 391~ ~age 461, and that this right of way be
returned one-half to the property owner of Lot 13, Block F and one-half to the owner
of Lot 13, Block D.
Mr. McGee said Colthurst Drive has been accepted into the State System to the
intersection of Falcon Drive and Cavalier Drive. The portion that is being requested
to be abandoned is nonexistent as far as being a roadway. The only interest in this
roadway, other then the people living in Colthurst Subdivision, is the Albemarle County
Service Authority which has an easement to a well lot. The ovmers have agreed~to grant
to the Service Authority a thirty-foot easement, if this is abandoned, for as long as
needed, hopefully, no longer than one year. Mr. Ray Jones has said the Service Authority
has no objections to this abandonment. Mr. McGee said this property is bordered by the
Faulconer property and there seems to be adequate access other than by Colthurst Drive.
He did not feel that this property will be subdivided and developed in the near future.
He handed to the Chairman a petition signed by every resident of Colthurst asking that
this petition be approved. Mr. McGee said the developer has no intent to ever extend
this road and the residen~hope that Colthurst Drive will never become a major
thoroughfare.
Mr. John Humphrey, County Planner, was present. He said the staff is of the opinion
that it is premature to vacate the subject portion of Colthurst Drive. The staff based
their determination on the following: 1) there are large tracts of land that would benefit
from the extension of Colthurst Drive; 2) the County may ~eed this right-of-waY for
extension of utilities in the future; and 3) alternate access other from Barracks Road
2-21-74
or Old Ivy Road is needed for Circulation within the general area. Mr. Humphrey said
the Board is aware that 01d Ivy Road is not capable of handling much additional traffic.
The staff feels that Colthurst Drive would provide better circulation for the residents
in the area.
Mr. Ray Jones said the Albemarle County Service Authority Board of Directors had
discussed this matter and decided that the closing of the road would not jeopardize their
operations if the Service Authority is granted a thirty-foot easement to their well lot.
Mr. Wheeler said he would be consistent in this thinking. He has supported the
County Planner before on such requests and he would not support the closing of this
road since there does appear to be a need for it in the future. Mr. Fisher said the
Board had not been totally consistent in the past. Mr. Humphrey has said ttia~ because
Old Ivy Road is inadequate, this portion of Colthurst Drive should not be vacated
since it may be needed as a major collector. He felt this reasoning was strange. If
the State road that exists is not up to standards, that road should be improved rather
than assuming Colthurst Drive will become the major collector. Mr. Carwile said he
was inclined to agree with Mr. Fisher. He said Colthurst is an. established subdivision
and if Colthurst Drive ever becomes the major collector, it will destroy the character
of the subdivision. He did not think the adjoining property, to the rear, will be
developed anytime in the near future and that property has access from other roads.
Mr. Carwile offered motion to adopt the appropriate resolution to vacate this
portion of Colthurst Drive reserving a thirty-foot easement. The motion was seconded
by Mr. Fisher. Mr. Batchelor said if the sixty-foot right of way is abandoned and it
is needed in twenty or forty years, it will be very difficult to get it back. Mr. Henley
could not see abandoning this road if it is not hurting anything. Mr. Thacker felt that
Mr. Humphrey did not say this will become a major collecter and he also felt the request
is premature. Vote was taken at this time and the motion failed by the following recorded
vote:
AYES:
NAYS:
Messrs. Carwile and Fisher.
Messrs. Henley, Thacker and Wheeler.
The following communication was received from the Virginia Department of Highways:
"January 25, 1974
Secondary System
Discontinuance
Albemarle County
Board of Supervisors of Albemarle County
Charlottesville, Virginia 22901
Gentlemen:
As requested in resolution by your Board on September 20, 1973, the following
section of road is hereby discontinued as a part of the Secondary System
of Albemarle County. This was confirmed by the Highway Commission at its
meeting on January 17, 1974.
DISCONTINUANCE LENGTH
Section 10 (B) of old location Route 635'
from a point 0.035 mile northeast of station
166+30 northeasterly 0.048 mile,
project 0635-002-131,C501. 0.048 Mi.
(Signed) J. E. Harwood, Deputy
Commissioner & Chief Engineer"
The following communication was received from the Virginia Department of
Highways:
"January 16, 1974
Secondary System Additions
Albemarle County
Board of Supervisors of Albemarle County
Charlottesville, Virginia 22901
Gentlemen:
As requested in resolution by your Board on October 18, 1973, the
following additions to the Secondary System of Albemarle County are
hereby approved, effective February 1, 1974.
ADDITION LENGTH
HOLLYMEAD SUBDIVISION
North Hollymead Drive - From Route 29 to 1,106.55
feet E. of Route 29. 0.210 Mi.
South Hollymead Drive - From Route 29 to 1,286.74
feet E. of Route 29. 0.244 Mi.
Hollymead Drive - From station 12+86.74 (South
Hollymead Drive) to station 39+81.84 (intersection
Woodburn Road) and connection between North Hollymead
Drive and South Hollymead Drive. 0.568 Mi.
Woodburn Road - From intersection Hollymead Drive
easterly 1,112 feet to a point opposite the eastern
property line of the Hollymead Elementary School. 0.211
(Signed) J. E. Harwood
Deputy Commissioner and
Chief Engineer"
The Clerk was ordered to advertise for the annual road hearing for March 13, 1974,
at 7:30 P.M., in the Albemarle County Courthouse.
Mr. Fisher asked for information from Mr. St. John and Mr. Warner concerning
acquisition of rights of way for a road south of Crossroads, off of Route 29 South.
Mr. Warner said he has talked with Mr. Donnie Woodson of the County's staff and they
are proceeding with acquisition of these rights of way.
Mr. Fisher said he had a question about signs on the Interstate, and whether or
not the signs at Yancey's Mill will state that there are camping facilities available
at that exit. Mr. Warner said there is a camping sign already on 1-64.
Mr. Fisher inquired again about the exit sign from 1-64 to Ivy. A sign was to
be erected stating that it is two miles from the Interstate to Ivy. Mr. Warner said
that sign is to be erected soon.
Mr. Carwile again inquired about a curve on Georgetown Road near the exist of
Inglewood Drive. Mr. Warner said a curve sign has been erected.
Mr. Henley asked if the Yancey's Mill sign will be installed on 1-64 in the near
future. Mr. Warner said the Highway Department is working on this sign.
Claim against the Dog Tax Fund was received from Roy L. Bailey for two (2) ewes
killed by dogs on December 28, 1973 and two (2) ewes killed by dogs on January 4, 1974.
On motion by Mr. Henley, Mr. Bailey was allowed $120.00 for this ~laim. The motion was
seconded by Mr. Carwile and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
2-21-74
Mr. Clarence S. McClure, Superintendent of Albemarle County Schools, was-present
to make several requests. The first request was for a special appropriation for a flag
pole at Albemarle High School. An anonymous donor had agreed to contribute and has
paid $550.00 for the installation of this flag pole. The second request was for the
University of Virginia In-Service Program. Through a federal program the University of
Virginia invited Albemarle teachers to take part in the special in-service class and
agreed to pay the County's cost for providing substitute teachers while the County's
teachers were absent to participate in the program. The County has received a check for
this in the amount of $530.00. Motion was offered by Mr. Carwile to adopt the following
resolution:
BE IT RESOLVED by the Board of Supervisors of Albemarle County,
Virginia, that a special appropriation in the amount of $1,080.00 be,
and the same hereby is, transferred from the General Fund to the School
Operating Fund, and expenditure of these funds is hereby approved.
The foregoing motion was seconded bY Mr. Fisher and carried by the following recorded
vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
None.
Mr. McClure said that the Albemarle County School division has been overpaid
$24,768.00 by the State Department of Education for the 1973-74 supplementary fund.
The State has requested that this amount be refunded a~nd in order to do this an
appropriation must be made. This overpayment occurred because of an increase of
$165,321.00 in the basic appropriation and sales tax which Albemarle County is slated
to received for the 1973-74 school year. Since the County's basic appropriation was
Sl17,775.00 more than had been projected by the-State Department of Education the amount
of supplemental State aid was reduced by a similar amount. It appears that the requested
refund can be made to the State and Albemarle County will receive approximately the total
State revenues which were projected when the 1973-74 Albemarle County school budget was
approved. Motion was offered by Mr. Henley to adopt the following resolution:
BE IT RESOLVED by the Board of Supervisors of Albemarle County,
Virginia, that $24,768.00 is to be transferred from School Operating
Revenue to General Fund Revenue and a special appropriation in the
amount of $24,768.00 is hereby made from the General Fund to Code
0-1010 for payment of a refund to the State Department of Education,
and expenditure of these funds is hereby approved.
The foregoing motion was seconded by Mr. Carwile and carried by the following recorded
vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
None.
Mr. McClure also requested monies be transferred in order to cover the cost of
additional kindergarten teachers employed. He requested that this money be taken from
monies which ~had been appropriated for purchase of mobile classrooms. Motion was
offered by Mr. Fisher to approve a transfer of funds from Code 17-K-699 to Code
17Bl-134A.1 in the amount of $40,000.00 The motion was seconded by Mr. Carwile and
carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
Mr. Carl Van Fossen, Chairman, Albemarle County School Board, was present and
presented the following report of the Architectural Selection Committee:
"At the suggestion of the Board of Supervisors a joint committee was
formed to consider the matter of selecting an architect for the pro-
posed Western ~Albemarle High School project. Three members of the Board
of Supervisors met with three members of the School Board and it was
decided that it would be proper to interview architects other than the
one we have been using for the past several projects. It was also
decided that the selection process should be carried on by the School
Board and the selection of the architect left to the School Board. The
three School Board members continued to serve as the committee to inter-
view architects with all other School Board members invited to sit in
with the committee.
The committee made contacts with six architectural firms. Some of these
were local and some were from out of the area. The committee visited
three out-of-town firms for interviews and toured buildings designed
by these three firms.
Committee members and other Board members were impressed by the work of
all these firms hut concluded that the work of the Davis and Associates
firm, which has designed all of our recently constructed buildings, is as
good as any other work reviewed by the committee and was as iow as or
lower in cost than the other schools which the committee saw.
There are several other factors which caused the committee to favor using
the Davis firm for the Western Albemarle project. One is that this firm
specializes in schools and is geared up to work with local school officials
and the State Department of Education in translating educational specifi-
cations into school space while complying with the requirements of the
State Department of Education. Another is the time that we have to get
the school completed. Mr. Davis knows the county's building plans and
has a working relationship with the School Board and administration that
will allow the school system to move quickly in developing plans and
specifications. Mr. Davis' familiarity with state requirements and the
rapport he has with the state officials who must approve school building
plans will help expedite the approval and completion of plans. Finally,
Mr. Davis was involved with the site selection committee which chose and
purchased the site for the new high school. He already is aware of site
characteristics and has data which another firm would take time to
gather and study.
The committee has worked conscientiously to comply with the request of
the Board of Supervisors to carefully seek out the best architect for
this job. Since the Board of Supervisors has approved planning money and
it is imperative that this planning begin immediately, the committee
recommends the approval of the Davis and Associates architectural firm
for the Western Albemarle High School. The committee further recommends
that the superintendent be instructed to begin working with the
architect immediately with the goal of opening the new high school
in September of 1976."
Mr. Thacker asked if ~he School Board intended to continue this committee to work
with local firms in the future. Mr. Van Fossen said they had not discussed continuing
this committee but they probably would. Western Albemarle high school is the last
large project that the County contemplates. There will be only additions in the future.
Mr. Thacker said he would personally request that the School Board at least handle this
in a businesslike manner and discuss these additions with other firms. Mr. Fisher said
he did not know how much extra space is built into the school system, however, the Board
has just received population projections frOm the State Division of Planning and
Community Development. They show an ad-ditional 3.6% per year for Albemarle County from
1972 to 1980. He said in looking at the average daily attendance against the total
30 2-21-74
population it would seem to be at approximately 21%. If this is true, there will be
2,400 more students by 1980 than at the end of the 1973 school year, excluding kinder-
gartens. He questioned Mr. Van Fossen's feeling that the County will not need to
build more schools in the near future. Mr. Van Fossen said he would qualify his answer
by saying that the only items not completed in the County are certain additions and the
beginning of the western Albemarle high school. With the completion of the high school
and with the implementation of the middle school concept, the School Board hopes to have
quite a bit of room in the elementary schools for expansion~ They will be operating
three middle schools this coming year. After the western Albemarle high school is com-
pleted, there will be four. Mr. Fisher said this might work, but looking at the pro-
jections he does not find that much additional space. Mr. Van Fossen said the School
Board does not anticipate opening the new high school with 1~500 students. Mr. McClure
said only two schools in the County will be faced with a crowded situation in the future,
Meriwether Lewis and Stone Robinson. He said the population projections that Mr. Fisher
mentioned on growth are offset by the decline in the birth rate. Mr. Fisher said he had
taken this into account. He said the projections for the last three years indicate this
may level off, but it is too early to tell. Mr. McClure said he had made a projection
of a 2.5% growth rate by using the actual enrollment in the lower grades and moving
them through. He found that in the secondary schools, if this were to happen and with
the continued decline on the birth rate, that school enrollment would peak in 1977 or
1978 and the County would not reach that figure until 1982. On a 2.5% increase, the
County could go for a long time without adding any major projects.
Mr. Van Fossen said the School Board feels it is critical to have thec high school.
He said if they can have a second high school, they feel they will have a.~more ~manage-
able situation. Mr. Thacker asked if the School Board is proceeding with Mr. Davis for
the preliminary plans for the western Albemarle high school, with no final plans at this
time. Mr. Van Fossen said this was correct.
At 10:30 A.M. the Board continued with their discussion concerning the Crozet leash
law. Action on a request from the citizens of Crozet to have this leash law repealed
was continued from February 19, 1974. Mr. Henley said he felt that this should be
tried for one year and he offered motion to continue the ordinance for one year from
the time it was enacted and at that time, the Board will take another look at the
ordinance. He said some citizens have questioned whether the leash law is legal and
whether the County can enforce this law and they also questioned whether the majority
are being represented. He felt the number for and against the leash law was about
even. Mr. Henley's motion was seconded by Mr. Carwile.
Mr. Wheeler said the staff had presented some information. The ]~970 census shows
the urban area of Crozet with 827 population, 18 years or older. The 1970 census shows
411 housing units in this area and it also shows a total population for the area of
1,248. The first petition handed in favoring the leash law'contained 115 names. The
2-21-74
second petition against the leash law contained 327 names. Where the same person had
signed Mr. & Mrs. the name was only counted one time. Concerning the request to hold a
referendum, the County Attorney had checked this and the Board is prohibited by law from
holding such a referendum.
Mr. Fisher said he had been struggling with this question since the discussion on
Tuesday night. He said the conflict that exists is a question of people who feel their
right to have their animals loose are being abridged by the use of this leash law and
those people who feel their property rights are being abridged by the dogs that run
loose threatening their property and their children. He said this is a difficult deci-
~on~iR~7:t~ad strong sympathy for those people who do not want dogs running on their
property. Mr. Fisher said he would support Mr. Henley's motion since the Board needs
Mr. Henley's guidance in this matter. Vote was taken at this point and the motion
carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
Mr. Allan Kendrick was present to present a report from the School Construction
Committee. Since the Board had not received the report in time to review same, Mr.
Thacker asked that this matter be deferred until April 18.
Request was received for a special appropriation to cover cost of an additional
dog warden. Employment of this dog warden was authorized at the December 20 meeting.
Motion was offered by Mr. Fisher to adopt the following resolution:
BE IT RESOLVED by the Board of Supervisors of Albemarle County,
Virginia, that a special appropriation in the amount of $9,800.00 be,
and the same hereby ms, transferred from the General Fund to the General
Operating Fund for expenditures for an additional dog warden, and
expenditure of these funds is hereby approved.
The motion was seconded by Mr. Thacker and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
Statements of expenses of the Director of Finance, the Sheriff's Office and the
Office of the Commonwealth's Attorney for the month o'f January, 1974, were presented.
Upon motion by Mr. Thacker, seconded by Mr. Carwile, these statements were ~approved.
The motion carried by the following recorded vote:
AYES: Messrs. Caz~ile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
Statement of expenses incurred in the maintenance of the County Jail for the
month of January, 1974, were presented, along with summary statement of prisoner days.
Also prese.nted was statement of the Jail Physician in the amount of $21.00, of which
two-thirds is reimbursable by the State.
Carwile, these statements were approved.
vote:
AYES:
NAYS:
Upon motion by Mr. Fisher, seconded by Mr.
The motion carried by the following recorded
Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
None.
2-21-74
Mr. Wheeler asked Mr. Batchelor to arrange a ~meeting of all those counties, and
the City of Charlottesville, who will be involved in the Joint Security Complex.
Report of the County Executive for the month of December, 1973, was received
as information.
Reports of the Department of Social Services for the months of November and
December, 1973~ were received in accordance with Sections 63-67.1 and 63-67.2 of
the Code of Virginia.
Claim against the Dog Tax Fund was received from Benjamin F. Paige for one (1)
angus calf and one (1) angus cow killed by dogs on January 31, 1974. On motion by Mr.
Henley, seconded by Mr. Thacker, Mr. Paige was allowed $350.00 for this claim. The
motion carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
Claim against the Dog ~Tax Fund was received from R. P. Leake for eight (8) hens
killed by dogs. On motion by Mr. Fisher, seconded by Mr. Henley, Mr. Leake was allowed
$16.00 for ,this claim. The motion carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
Claim againSt the Dog Tax Fund was received from Kenton S. Gardner for two (2)
pigs killed by dogs on January 12', 1974. On motion by Mr. Henley, seconded by Mr.
Carwile, Mr. Gardner was allowed $40.00 for this claim. The motion carried by the
following recorded Vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
On motion by Mr. Carwile, Check No. 1-002563, dated January 28, 1974, in the
amount of $22.50, payable to Thomas F. Kelsey Company, returned and noted duplicate
payment, was ordered cancelled. The motion was seconded by Mr. Thacker and carried
by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
Mr. Hartwell Clarke, County Building Inspector, was present to give a report from
the committee appointed to investigate the hiring of a staff architect. The Committee
talked to an architect and put together figures for expenditures for the last ten years
in order to find what kind of office would have to be maintained toi~b'~ of any use to the
County. They had decided that this would not work any better than it would have worked
in the past because of the inability of keeping a steady flow of work for this office.
The work load could not have been spread out and the County would still have to rely on
outside firms. This was the general concensus of the committee. They recommended that
the County continue to use a consulting architect to advise the Building Inspector and
the County ExecUtive.
Mr. Fisher said there had been problems when the County went into construction of
parks. He asked if thence' was any architectural advice gained in that Procedure.
Mr. Batchelor said that advice had been obtained from the Virginia Bureau of
Outdoor Recreation. If the committee's recommendation is followed, ~and an architect
worked for the County on a consulting basis, the County could have done a better job
with the parks. The County now has input from Mr. Clarke, a resource they never had
before. This has saved the County a lot of money.
Mr. Fisher asked if it is a part of the report that the Board appropriate money
for a consulting architect. Mr. Clarke said this is not mentioned in the report. He
said it is his understanding that there is an arrangement already in effect with
Thomas Wyant. Mr. Batchelor said there is no formal arrangement. The County has been
calling on him for help.
Mr. Fisher asked if the hiring of such a person has been discussed with the School
Board. Mr. Batchelor said Mr, McClure is very happy about this. Mr. Fisher asked if
Mr. McClure feels that such help is needed. Mr. Batchelor said Mr. McClure feels this
would be beneficial since the school staff does a lot of work themselves. Mr. Batchelor
said it would be better to have someone on the County's payroll who could deal with
architects, engineers, etc. This would save money in the long run if the County had
someone to represent their interests when talking about designs and the planning stage
of projects. Mr. Fisher said the County's biggest project will be the new high school~
He asked if all the arrangements with Mr. Davis have been made in such a manner that
if the County hired someone to help them that it would be too late to get them in on
this project. Mr. Batchelor said he did not believe Mr. Davis has anything to do with
that. If he had items to go over with Mr. McClure and the School Board, that person
would be available as an aide to the School Board.
Mr. Wheeler asked what the cost of this would be. Mr. Batchelor said that on, a
per diem basis this would probably be $25 to $30 an hour. Mr. Thacker said he agreed
with Mr. Batchelor. He said the County now has a group of well intentioned people
who have no design expertise. This would be of benefit but it would take a very
special person to do this. He said if the Board retained a consultant he would have
to be someone who could continue to do this as he did not think the County would want
to switch consultants from year to year. This person would have to preclude himself
and his firm from any County design work. This should be a person to look at all
phases of construction; mechanical, electrical, as well as architectural and
. _
co~ ~'~,z-~-i-~ work. He was not sure that one arc~itecn could do all of this.
Mr. Wheeler said the County has one project coming up which will need all this.
Mr. Thacker said he did not agree. He said there are a number of projects. First,
there is an addition to the courthouse. The Board still has to solve the problem
of the Levy Opera House, the jail, a number of school projects and the community
and
collge. There is also the problem of what to do about space for the county,/a space
crunch in the Clerk's office. At the moment the Board is in the process of relocating
the real estate office. He said this was an ongoing thing although there may be no
major projects.
2-21-74
Mr. Wheeler said that on each of these projects the Board would hire an architect
to handle this. Mr. Henley did not feel that the County needs to hire such a person.
Mr. Thacker said one good example is the $6.5 million high school. The School Board
is issuing a contract to an architectural firm for a fee which will run approximately
$350,000. Although this firm is probably working at a lower fee basis than any other
architectural firm will work there is a possibility that this architect will make one
design selection which could increase the project by $200,000. Mr. Batchelor said
an increase in the cost of the project is more important than the architect's fee,
also Mr. Clarke needs someone to act as consultant on the State Code. Mr. Henley
asked if the State did not furnish help on this. Mr. Thacker said no. The State has
in fact turned over a number of these areas to the locality. He felt the proper way
to handle this would be to establish a committee to work out a recommendation and
bring a report back to the Board. Mr. Henley said he would be willing to listen to
this request on each project. Mr. Fisher said he had originally wanted to find a
way to avoid paying $350,000 in architects fees. Evidentally that is not feasible.
Mr. Wheeler then appointed Mr. Thacker, Hartwell Clarke and Allan Kindrick to this
committee and asked that they make a report at the April meeting.
Mr. Wheeler queried Mr. Clarke about the Inspections Department. Mr. Clarke said
they are very busy and are doing reasonably well. They are having problems getting
quick answers from the Statue office. They have been behind schedule in performing
electrical inspections but now have one additional person working and are waiting to~
hire another. Mr. Clarke said they have found a few people who are not in compliance
and there are some small builders who do not know about the Building Code. Mr. Wheeler
s.aid he had received a copy of a memorandum concerning the State fire marshall. He
asked if the memorandum was to be discussed today. Mr. Batchelor said this is one more
cost the State has turned over to the locality. Mr. Wheeler said he has been contacted
by members of the various volunteer fire companies in the County and they have said
they have inspectors and are willing to inspect for the County. He asked if they can
do this. Mr. Clarke said he wrote to the Department of Housing and asked which
inspections the fire departments can perform. He said the fire companies have indicated
that they will only inspect after a fire. They will not make routine inspections on
a monthly basis. This is very specialized work and they are not trained for this work.
Mr. Wheeler asked Mr. Clarke if he had contacted East Rivanna. Mr. Clarke,~said ~no.
They have not said they will not inspect, but some of these inspections require, a very
highly trained specialist and the County cannot expect volunteer people to have this
type of training. Mr. Fisher asked if they must~ have completed training before they can
be approved as inspectors. Mr. Clarke said yes. Mr. Henley said th~s~ type of inspection
may be necessary for public buildings, but not for churches and buildings of that type.
Mr. Thacker said this is a mandate from the State to the local government. Mr. Henley
asked if the State Code states what type of person this has to be. Mr. Clarke said it
is very specifically spelled out.
2-21-74
35'
Mr. Wheeler said the fire companies haTM contacted him and said they would like
to do these inspections. Mr. Clarke said there is more to it than what has been
discussed. The State has maintained, since 1969, a State fire marshall's office.
This office investigated all fires and made inspections whenever they had manpower.
The State had maintained an entire section of their building for plan review. Every-
thing to be used by the public had to be reviewed by this plan review board before
the City or any other locality could issue a building permit. In the County where
there was no code, they still had to do this because it was a State law. These men
are highly specialized. Mr. Henley said the State cannot expect every county to have
such highly trained men. Mr. Clarke said they do. Mr. Wheeler said the State had
done only a fair job. Mr. Clarke said that may have been true on inspections, but
on plan review they did a very good job. Mr. Thacker said there is a difference between
what took place before the State Code went into effect and what the State has now
enacted.
Mr. Wheeler said he feels the State exp~ects the locality to use s~omething within
reason. He said the churches located in the Keswick area could be inspected by the
fire company. If the firemen need training, the County's fire marshall can do this.
Mr. Clarke said his department would be happy to assist in this training.
Mr. Batchelor said the Board was talking about a number of different things.
Mr. Wheeler said he was talking about only one thing, cutting down on expenses and
doing something within reason. He said there are people out in the County. wanting
to help free of charge and the staff is trying to build a case against this. Mr.
Clarke said he would be happy to delegate any of these inspections, but he did not
think this would eliminiate any expense in his department. There would still need
to be that man on the payroll. Mr. Wheeler said he is satisfied with one man, however
he thought that next week there will be a request for two men. Mr. Thacker said there
was a fee established for these inspections, but he doubted that an inspection had
been made by the fire marshall that had not cost the County money. Mr. Clarke said
the County could only charge $10.00 for these inspections. Mr. Henley said it was
ridiculous for a church to pay $10.00 a month for an inspection. Mr. Thacker said
he knew it, but when you have a State law which say~ you will do it, what can you do?
He suggested that this be turned over to the County Attorney to research and see if
this..ean be done. Mr. Batchelor said if some of the routine inspections could be
performed by someone else, that would leave time for the inspectors to spend on such
things as elevator inspections. Mr. Wheeler said there are not that many elevators
in the County. Mr. Clarke said there will be at ~some time in the future. He said
his department has to review every plan to see if there are any violations of the Code.
Mr. Batchelor asked how long it look to finish a plan review on a 12-unit apartment.
Mr. Clarke said a two and one-half story apartment did not take too long, but if it
was a matter of a high-rise apartment, it took 10 to 12 hours. Mr. Wheeler said the
County would not have but so many of those each year. Mr. Batchelor said there is
2-21-74
presently a 122-unit apartment complex being built. Mr. Wheeler said there will not
be but three or four of these constructed each year. Mr. Clarke pointed out that
Mr. Sullivan, the Fire Marshall,. is also a qualified electrical inspector and he has
been used for this purpose. The other 50% of the time is spent on electrical inspections.~
There is no way the County can get out of doing a plan review.
Mr. Fisher asked how many people are in the Inspections Department. Mr. Clarke
said there are four inspectors and two secretaries at this time. Mr. Henley said if
it is costing the County money for these inspections, the Board might take another look -~
at the fee schedule. Mr. Thacker said the fee schedule was formulated with the under-
standing and the full knowledge that after a certain length of time the fees might have
to be adjusted. He said although a $10.00 fire inspection would not pay for itself,
hopefully, the overall fees will cover the cost of the Inspections Department.
Batchelor said at this time, based on this years projections, these fees will co~ver
the corot of the department. Mr. Thacker said the fee schedule was tied to the. cost of
construction. If there is a rise in the cost of construction, there is also a rise
in .the cost of the fee.
Mr. Wheeler said he had .been checking with ocher counties to see what they do.
He said things may be done well in Albemarle County, but it is of concern to him that
this county has more people in this department, than a like-size county. Mr. Clarke
said this is because Albemarle ,- County is doing a job which the others are not. Mr.
Wheeler said he would hate to think that everybody else in this State is in such poor
shape. Mr. Thacker said he was not going to defend the Inspections Department and he
agreed with Mr. Wheeler to a point. Mr. Wheeler said he was not jumping on the
Inspections Department but on other departments also. He could not understand how
Albemarle County is different from other counties. Mr. Batchelor said the citizens
require an excellence of service. Mr. Wheeler said he did not believe the citizens
of other counnies do not want good service also. Mr. Batchelor said the cost of
disposing of solid waste for this county was less then $15,000 seven years ago°. In
the 197~-75 budget it is estimated at $100,000 and that is caused by the difference
in service provided. Mr. Wheeler said the staff should not be excited because the
State has said to do a certain thing. The State passes the law and they do not
implement it for two or three years. What Albemarle County has to do on the local __
level is try to carry this law out in a reasonable way. Mr. Batchelor said the staff
will be glad to tell the Board the cost of meeting today's standards and if the Board
wants to appropriate less than that, the staff will be glad to implement it in that
way. Mr. Wheeler said he is in favor of setting some Albemarle County standards.
Mr. Batchelor said the staff is obligated to tell the Board the true costs. They are
also obligated, if the Board does not appropriate the money, to do the best they can
with what is given.
Mr. Fisher said if thee Cha~.rmanwas suggesting that Albemarle County not comply
with State regulations, he felt it was encumbent that he also find out the penalty
2-21-74
37
for the Board, if they do not comply. Mr. Wheeler said he was not saying that the
County should not comply, but he felt there are different levels of compliance. He
~aid local government has to say that. Mr. Henley said he felt others have been doing
this. He did not know if Albemarle County has been doing their share. Mr. Clarke asked
if the Chairman was talking only about money or actual disobedience of the law. Mr.
Wheeler said he was not talking about disobeying the law. Mr. Clarke said the State
requires a certain number of inspections and the County must either make these inspections
or not make them. Mr. Wheeler said he did not understand how some coUnties get by
without making these inspections. Mr. Clarke said in one the neighboring counties
one man was hired to be secretary to the Board of Supervisors, do all the work of
the building inspections department and various other jobs. He is not doing any of
the building inspections work because he does not have time. Another county had hired
one man and is in the process of hiring one additional. The State Office of Housing,
which was set up about the same time as Albemarle County's department, has become very
upset with counties who are not complying and they are now working on something to make
them comply. Mr. Clarke said that with reference to money, the budget that was adopted
cannot cover the cost of the first year of operation because of the need to purchase new
equipment. Mr. Thacker said he does not want to see this department become top heavy
and overloaded, but he said this is a State law with which the County must comply.
Request was received from James F. Saunders for a building permit on Lot 34,
Section II, West Leigh Subdivision. On motion by Mr. Fisher, the Building Inspections
based
Department was ordered to issue this building permit/on the following conditions:
1) No water meter is to be installed until completion of the '.dwelling.
This is estimated to be 90 - 120 days or approximately June L, 1974.
2)The contractor is to provide water during construction from outside
sources.
3) If the Ivy water line is not completed by June 1, 1974, Mr. Saunders
is to place in escrow $600 for hauling water during the interim
period between occupancy of the house and completion of the Ivy water
line. This escrow account is at $10 a thousand gallons.
Mr. Fisher's motion was seconded by Mr. Carwile and carried by the following recorded
vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
None.
Mr. John T. Camblos, attorney for Whitfield Morris, was present to discuss
Mr. Morris' contract for operation of the Ivy landfill. Mr. Camblos said Mr. Morris
is entitled to a fair contract for continuation of this operation and his present
contract with the County has expired. The last time he was requested to enter into
a six-months contract, he did. Mr. Morris has over $100,000 worth of equipment devoted
almost entirely to this operation and he needs to know for a reasonable time in the
future what his position is with this operation. Mr. Batchelor said that Mr. Camblos
had indicated to him that Mr. Morris would like to have a two-year contract for the
operation and he said he would not make a recommendation for a two-year contract to
the Board. He was instructed to negotiate a contract to get the BOard' through until
38 2-21-74
July 1 since the Board is in the process of receiving staff reports on whether the
County should take over the operation of the landfill or let the contract to a private
pers on.
Mr. Camblos said the contract which has expired is
the price of everything has increased tremendously. If there is a possibility that
the City and the County may jointly operate the landfill, Mr. Morris would be willing
to accept a contract that-would provide for two years or as long as the County is
there, whichever is shorter. Mr. Wheeler said he felt the Board is only interested
in a contract that will take them through June 30. Mr. Carwile agreed. He felt the
Board should hold their options open. Mr. Fisher said he had no doubt that Mr. Morris
is worried about the short range of the contract, but until the matter is settled as
to whether the County is going to operate the landfill themselves, the Board is not
in a position to give a two-year contract. Mr. Camblos said Mr. Morris had continued
to operate the best he can without a contract and the County is presumably going to
pay him, but he has no legal assurance of that. Mr. Fisher said with the rise in the
cost of everything a short term contract may be to Mr. Morris' advantage since he
could accommodate the cost better than on a long range contract. Mr. Camblos said he
had asked for an increase of approximately one-sixth ~i~! two and one-half years and
he did not feel this to be an unreasonable request. Mr. Fisher asked if this had been
denied. Mr. Batchelor said the s~.aff had made a counter offer on the increased cost of
fuel. Mr. Fisher said he did not feel the Board should negotiate a contract in public
session. Mr. Wheeler stated that the Board would instruct Mr. Batchelor to negotiate
the contract on a reasonable cost to get the Board to June 30, 1974.
Sheriff George Bailey was present. He stated that Blue Ridge College has set up
a school which runs twelve months a year-January through December-and .has everything
that is required for the minimum standards commission which was set up in 1972. Ail
deputies, baliffs and jailors must take special training. The County can join this
school for $227.62 a year. He said the college has received money from the Federal
government through an LEA grant and this will pay for room, board and tuition. This
school is close enough to Albemarle County that if he needed to have an officer come
back to court, he could drive back. Sheriff Bailey asked that the Board authorize
the County Executive and himself to sign this contract. Motion was offered by Mr.
Fisher to approve the following contract:
CHARTER OF
CENTRAL SHENANDOAH CRIMINAL JUSTICE TRAINING CENTER
There is hereby created by the Counties of Albemarle, Augusta, Rockingham, Rock-
bridge, and the cities of Buena Vista, Charlottesville, Harrisonburg, Staunton, Waynes-
boro and Lexington, the Central Shenandoah ~riminal Justice Training Center (formerly
Central Shenandoah Police Academy) which shall exist under and subject to the terms
and conditions of this charter, which shall be deemed to constitute the agreement
required by Section 15.1-21, Code of Virginia, 1950, as amended, for the joint exercise
of powers of participating political subdivisions.
2-21~74
Section 1. Duration.
The Central Shenandoah Criminal Justice Training Center and this charter shall
exist in perpetuity, subject, however, to dissolution under one of the following
conditions:
(A) At any time, by agreement of the governing bodies of all of the parti-
cipants herein.
(B) On June 30 of any year, in the event the governing body of any parti-
cipant desiring to withdraw shall have notified each of the governing bodies of other
participants of its intent to withdraw, on or before the preceding December 1. The
notice provided for herein shall be in writing.
Section 2. Board of Directors.
There is hereby created the Central Shenandoah Criminal Justice Training Center
Board of Directors, which shall be composed of the Chief Executive Officers and the
Chiefs of Police or Sheriffs of the participating jurisdictions.
(A) Organization - the Board shall conduct its annual meeting each December,
at which meeting it shall elects its chairman, vice-chairman and such other officers
as to .it may seem appropriate. It shall, at each annual meeting, adopt a proposed
operating budget for the Center for the ensuing fiscal year.
The Board shall fix such other meeting times as it deems necessary.
shall keep written minutes of the meetings at which actions are taken.
It
Powers of the Board - the Board shall have the following powers and
duties:
1. To develop and approve the Training Center curriculum in cooperation
and subject to review by the Law Enforcement Officer's Training Standards Commission,
and the operating policy in connection with which it may expend such funds as may be
available in any years appropriation, in such manner as it deems most appropriate.
2. To oversee and be responsible for the operation of the Training
Center, giving due consideration to the needs of the participating jurisdictions for
recruit and zn-service training and maximum benefits of instruction available, in fixing
length and frequency of training, and to service demand in fixing operation and staffing
levels of the Training Center, in connection with which it shall have the power to expend
funds appropriated to it.
3. To appoint an administrator or administrators, fix their compensations
and prescribe ~heir powers and responsibilities.
4. To contract with participating jurisdictions for necessary admini-
strative and maintenance services.
5. To promulgate a schedule in each year of fixed costs for maintenance
of the Training Center, equipment and basic staff, and of variable costs of operation
depending on student population; and to promulgate a fee or schedule of fees per student
if necessary.
6. To provide for the admission of trainees not employed, by a partici-
pating jurisdiction and to fix fees that will be necessary.
Section 3. Purpose.
The purpose for which the Central ShenandOah Criminal Justice Training Center is
hereby created is the furnishing of the highest achievable level of professional police
service to the participating jurisdictions through the development and operation of
initial recruit training and continuing in-servzce training programs.
Section 4. Financing and Budget.
The Board shall designate the chief financial officer of one of the participants
to act as its fiscal agent. The Board shall provide for the manner in which and by
whom disbursements may be authorized, provided, that it shall ensure that the disburse-
ment authorization system of the fiscal agent is employed.
(A) Capital Assets and Expenditures.
1. Real Estate the Board may own or lease necessary real property, or
may contract for its location needs. In the event a Training Center plan is furnished
by a participating jurisdiction, the Board shall determine the method by which payment
and/or credit for the furnishing of physical facilities shall be given, provided, how-
ever, that such method, and the proposed amount of such payment and/or credit, shall be
subject to the approval of the governing bodies of each of the participants. Improve-
ments becoming a part of the real estate shall be provided for in the same manner.
40 2-21-74
2. Personality - the Board, shall, from time to time as it deems
necessary, approve a schedule of equipment requirements, providing for non-expendable
equipment costs and a method of apportioning Such costs among the participants and
submit it to the governing bodies or the participants with the approved operating
budget.
(B) Operating Expenses - the Board shall be responsible for the annual
preparation of an operating budget, and shall submit its approved proposal to the
governing bodes of the participants not later than January 1 of each year. Upon receipt
of notice of appropriation by the participants, the Board shall make adjustments in the
proposed budget as may be necessary.
The operating budget, and the implementing appropriations shall take into
account and give credit for goods and services furnished in kind by a participant, at
such fair value to the Training Center as may be mutually agreed-upon.
The operating budget shall be apprOved, or adjusted and approved, by
the governing bodies of the parti, cipantS;.each such governing body agrees that for any
year in which a participant recezves servzces of the Training Center, it shall appro-
priate to the Training Center in the following manners:
1. 50% of its total cost shall be determined by the percentage its
population constitutes of the total population of the participating jurisdiction.
2. 50% of its total cost shall be determined by the percentage of
law enforcement officers that the jurisdiction is authorized. Payment of the operational
appropriation to the fiscal agent shall be made at such intervals as the Board may
provide for.
Section 5. Termination.
Termination of this cooperative endeaver shall occur only as provided for in
Section 1; in the event~:, this agreement and charter is terminated, payment and/or credit
for the furnishing and use of real property owned by a participant shall be adjusted
ratable to the date of termination. Ail prop~erty shall be scheduled and valued by or
at the direction of the Board and distributed in kind to the participants as nearly as
is feasible in the same proportion as they contributed to acquiring it, provided, how-
ever, that one or more participants may purchase the interest of one or more others in
the property.
Section 6. Amendments.
The Board of Directors are empowered to make amendments to this Charter provided
they are made in the following manner:
(A) By the approval of the all participating jurisdiction's governing
bodies.
(B) On June 30 of any year providing the participating jurisdictions are
notified by certified mail on or before November 1 of the preceding year, and that a
majority concur in the proposed amendment.
This charter shall take effect upon approval of the participating jurisdiction by
resolution of their respective governing boards, and by the attesting of the authorized
signatures.
Mr. Fisher's motion was seconded by Mr. Thacker and carried by the following recorded
vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
Mr. Henley said he has received numerous complaints about wlnQ's hanging around
the bank at Crozet. The Sheriff said he had picked up three last night, but this cost
the County quite a lot of money. Mr. Wheeler said if things are as bad in Crozet as he
has been led to believe, the Sheriff should give more attention to this area.
Mr. Wheeler said there had been a group ~rom Berkeley at the meeting'earlier in
the day. They are concerned about traffic on Commonwealth Drive. He said the Sheriff
does have authority in the matter because this is a public road and he requested that
the Sheriff keep check on the intersection of Commonwealth and Dominion Drives.
Mr. Wheeler said Mr. Rip Payne had presented'~ to the Sheriff a bill for photographs
taken from 1970 through 1972, which totaled $1,577 for the three years. Evidently,
before that time, there was some arrangement whereby Mr. Payne took these photographs
and was not paid for same. Mr. Wheeler said he has discussed this with the Sheriff and
~ad told Mr. Payne that he would present the matter to the Board of Supervisors.
Sheriff Bailey said, in the past, photographers had taken pictures of wrecks, etc.,
and used these pictures in the newspaper. His office had assumed that this was a courtesy
to them. When Mr. Payne presented the first bill it was for $1,040. He told Mr. Payne
the he would have to itemize this and Mr. Payne had told him that if he did it would be
more. Mr. Wheeler said if Mr. Payne had done this work, and from looking at the list
it was not ~all for the newspaper, he should be paid for his services. He felt this
could possibly be settled for the first amount requested. Mr. Wheeler suggested that
this be turned over to the County Executive to negotiate a firm price with Mr. Payne
and the matter then be returned to the Board for a special appropriation.
At 12:10 P.M., Mr. Wheel.er requested that the Board go into ~xecutive ~ession to
discuss two legal matters whJ.ch will be coming before the Board; Shelby Marshall vs.
the Board of Supervisors and the City of Charlottesville vs. the Board of Supervisors.
Motion to this effect was of~."ered by Mr. Carwile, seconded by Mr. Fisher and carried
by the following recorded vo~e:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
The Board reconvened at 2:03 P.M.
Mr. Fred S. Landess, Chairman of the Charlottesville-Albemarle Bar Association
Committee on Courts, Court Buildings, Clerks Office and related facilities was present.
He presented the following communication to the Board:
TO THE BOARD OF SUPERVI.~ ORS OF ALBEMARLE COUNTY, VIRGINIA:
For some years the Charlottesville-Albemarle Bar Association, through
appropriate committees, has urged that adequate space be provided for the
offiCes of the Clerk of the Circuit Court. Each Tear the condition, which
was already overcrowded, has become worse, through the normal increase in
volume of records and t}Le expanded use of the facmlities by an increasinm
number of lawyers and b~ others requiring access ~o records and services~
rendered in the Clerk's Office.!
In addition to the inconvenience and difficulties to members of the
Bar and others who use ~'hese facilities, an unnecessary burden is laced
· p
on the Clerk through th~ present inadequate facilities.
There is needed no~ only additional space bu~
will make possible a se aration of the various pha
Office operation.
Ideally, the Clerk s Office should comprise
of the County Office Building, with suitable part
accordance with plans d~:veloped after consultatio~
and members of the Bar
be an absolute necessit~
Supervisors should stari
the Department of TaxatJ
Many Clerk's Offices, ex
the Clerk's Office here
Offices, Department of
have continued to be re~
the operation of Governn
'amiliar with the needs to
within the next year or
now planning to that end
on adequate space elsewhe~
~en mn less affluent count
because the function of
Taxation, and Department
an arrangement which
ses of the Clerk's
he entire ground floor
tions, arranged in
with the Court, Clerk
be served. This will
o, so the Board of
and make available to
e in the building.
es, are superior to
he Courts, Clerk's
f Real Estate Assessments
ognized in their position of priority essential to
.ent.
4'2
2-21-74
We realize that an ideal arrangement will take some time, and the
need is so urgent that a lesser solution must suffice for the present.
In line with this realistic approach, we respectfully request that
the offices on the left side of the hall, across from the present Clerk's
Office be made available immediately as an addition to the present Clerk's
Office. Very little cost will be involved in this, and no county official
or agency will be inconvenienced. We understand that there is space
available in the Post Office Building for the present occupant of these
offices.
This additional space may be used for the Court phase of the Clerk's
Office, and possibly some additional phases. Ail chancery, law and crim-
inal record books and files would be moved into this office, making more
space in the present record room for deed books and will books, and this
will also relieve some of the congestion in the present office and record
room by diverting those seeking information or filing papers in Court
matters into the appropriate office. It may be possible to use the addi-
tional office for other matters, such as issuance of licenses, probate
of wills, etc.
The present Clerk of the Circuit Court of Albemarle County unites in
this petition.
We request that this petition be placed on tha agenda of the next meeting
of the Board of. Supervisors, at which time we shall be pleased to submit more
detailed.plans for the use of this space, if you wish. We are sending copies
of this petition to all members of the Board of Supervisors in advance in the
hope that you will be prepared to vote on this at your next meeting.
We trust that this request will be granted and be the initial step in
making available all portions of the building thay may be required for the
Clerk's Office, Department of Finance, and Department of Real Estate
Assessment.
Your laSt communication in response to request by a committee of the
Bar Association for additional space for the Clerk's Office was dated
February 1, 1972, and thanked the committee~for the "timely suggestions",
further stating "we will be in contact with you in the very near future "
After twQ years of worsening conditions, we must insist on an orderly
disposition of the request for this additional space for the Clerk's
Office by a vote of the members of the Board of Supervisors, specifically
granting or denying the request.
Mr. Wheeler said the Board has known for some time about this space need and there
is a committee working on this problem. This will be turned over to the committee and
any suggestions that the Bar mig~ have will be considered. Mr. Thacker said the
committee thought they had the problem solved until the City denied the Board's rezoning
request for McIntire. However, there is an architect presently working on the addition
to the Courthouse to provide jury rooms ~and judges chamb~ers. This architect is also
studying the Clerk's Office and her space requirements. He said the committee appreciates
the concern of the Bar..
Mr. Landess said he realized that the Board has a lot of problems on which a
decision needs to be made. Mr. Fisher asked if it was the intention of the Board that
the move be made i~m~ediately. Mr. Landess said yes.
Mr. Bert Ellis was present to make a special request of the Board.- He represented
four fraternities of the Univerity of Virginia and asked that they be allowed to have
a party on Sunday, April 7, 1974, at Chris Greene Lake. They plan to have a band in
front of a shelter on the beach, with a number of kegs of beer to accommodate the crowd.
He said there is a problem since the County ordinance states that beer shall only be
served in shelter areas. Mr. Ellis said he has talked with Dean Canterbury, Dean of
Students at U. Va. and he has a financial commitment from all four fraternities to furnish
policing and to clean up after the party. They would like to have this from 1:00 P.M.
until 5:00 P.M. and guarantee that the parks would be cleaned and vacated by 7:00 P.M.
Mr. Robert Sampson, Director of Parks, was present. He said that satisfactory
arrangements can be worked out except for the section in the Code which says that
beer shall not be served in other than shelter areas. Mr. ~Wheeler said he would
have to objections to approving this for a one: time event £f the County would not
receive forty more requests like this during the summer. Mr. Wheeler asked Mr. St. John.
for hiS opinion on the matter. Mr. St. John asked Mr. ~Sampsonlif ther~e a~e 'a~eas in
the :park designated as shelter areas. Mr. Sampson said no. Mr. St. John said he felt
that if a tent were erected and a sign were placed saying that this was a shelter area
..should
that this would comply with the Code. HaSwever, he said it/not be stated that the Board
was trying to get around the ordinance, but rather that they were complying with the
ordinance. After a short discussion, it was the concensus of the Board that Mr. Sampson
could handle this matter.
Several months ago a request was received from the Ancillary Manpower Board, Area
V, to nominate a member to their Board to represent Albemarle County. Mr. A. Keene
Byrd, Manpower Director, and Mr. Bob Abbot, Director of the Thomas. Jefferson Planning
District Co~nission, were present. Mr. Byrd said that development of a manpower plan
ha~. been going on since 1962, but last year was the first time that a locality had
input into how much of that money would be spent in the local area. The formation of
this was called the Governor's Manpower Planning Council and the Ancillary Manpower
Board is the local Board of that Council. Mr. Byrd said he has been trying to get
all localities in Planning Districts 9 and 10 to appoint a representative, so when new
plans are received the information will not come as a total surprise to the local
governing body. He said he has recently been appointed to the State Board and he
needs information from the locality so he can inform that Board how the State's plans
should be developed.
Mr. Fisher asked Mr. Byrd if he has been working with the Economic Development
Commission oM the plan they are developing. Mr. Byrd said yes. Mr. Stroud from the
Chamber of Commerce and Mr. Clarence McClure have agreed to appoint people to this Board
so they will have information concerning vocational, technical and adult education needs.
Mr. Byrd said that manpower dollars in Virginia will be about $22 million. There are
twelve sponsors who will divide up that money and if a local plan is not developed, that
money will go out of the state. Mr. Batchelor recommended that Mr. Michael Carroll, of
the County staff, be appointed. In line with this recommendation, Mr. Carwile offered
motion to appoint Michael Carroll as the County's representative to the Ancillar,y Man-
power Board. The motion was se6onded by Mr. Fisher and carried by the follOwing
recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
Letter was received from the Auditor of Public Accounts stating that audit for
the County ~of Albemarle and Thomas M. Batchelor, Jr., Director of Finance, for the fiscal
2-21-74
year ended June 30, 1973, had been received from }Ir. Lincoln G. Dulaney, Certified
Public Accountant. The Auditor-of Public Accounts has reviewed this report and
indicated that it was prepared in accordance with specifications furnished by the
Auditor of Public Accounts and the report has been accepted by that office.
Upon motion by Mr. Thacker, seconded by Mr. Carwile, the following resolution
was adopted:
WHEREAS, the Board of Supervisors of Albemarle County, Virginia,
has been advised that a typographical error was made in Section 6-3
of the Building Code at the time of its adoption on October 18, 1973,
in that the percent of value from $0 to $100,000 of value read 0.0035
ercent of value; in that the percent of value for $100,000 to
200,000 read 0.003 percent of value; in that the percent of value
for excess of $200,000 read 0.002 percent of value; and
WHEREAS, an emergency exists at this time;
NOW, THEREFORE, BE IT RESOLVED that Section 6-3, Fee Schedules,
Permit Fee Schedule, is hereby corrected, reenacted and amended to
read as follows:
Building Permit (Minimum charge) ......... $10.00
or
~$0'i~to $~00,000 ~f value .............. 0.35 percent of value
$100,000 to $200,000 of value .......... 0.3 percent of value
Excess of $200,000~of value ........... 0.2 percent of value
AND, BE IT FURTHER RESOLVED, that this amendment to Section 6-3
of the Building Code is hereby ordered to be advertised for a public
hearing on March 21, 1974, at 10:00 A.M., to correct this typo-
graphical error.
The foregoing motion carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
Mr. Wheeler announced that the regular meeting of the Board scheduled for
February 27, 2974, had been cancelled.
Appointment to the Community College Board of Directors was deferred until
March 6, 1974.
Motion was offered by Mr. Fisher to reappoint Messrs. John,~.Slchwab, Frank O. Birds.all,
C. Venable Minor and Harland Manweiller, to serve as members of the Equalization Board
for the 1974 year. The motion was seconded by Mr. Thacker and passed~"~by the following
recorded vote
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
Mr. Wheeler appointed Messrs. Lloyd F. Wood, Jr., Oscar W. Smith, Jr., Cecil
Smith and Calvin Jones, to be members of an Energy Board.
Motion was offered by Mr. Carwile to reappoint Messrs. Cecil Smith, William B.
Roudabush, Jr., Jason I. Eckford and William L. Thacker, Jr., as members of the Economic
Development Commission for the 1974 year. The motion was seconded by Mr. Fisher and
carried by the following recorded vote:
AYES- Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
Mr. Fisher said he has been informed by the Director of the Planning District that
three members are needed from Albemarle County for a Drug Abuse Council. Mr. Wheeler
2-21-74
1415
said he has received a letter from Mr. Larry Sabato, President of the Student Council,
University of Virginia, asking that students be considered when the Board is making
appointments. Mr. Fisher suggested that Student Council be asked to nominate someone
to serve in behalf of the County. He then offered motion to appoint the Reverend Paul
G. Devries and Mrs. Marilsn J. Cram to serve as county representatives to the Thomas
Jefferson Planning District's Drug Abuse Council. The motion was seconded bY Mr. Carwile
and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler,
NAYS: None.
Upon motion by Mr. Thacker, Mrs. Isabelle A. Palmer and Mr. William T. Stevens, were
reappointed as members of the Region X Mental Health Board, said terms expiring on
January 1, 1977. The motion was seconded by Mr. Fisher and passed by the following
recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
Mr. ~meeler said he had just received a copy of a telegram which Congressman
Robinson had sent to Mr. Simon, head of the Federal Energy Office, asking for a release
of additional fuel for this area.
Mr. Wheeler stated that he would appoint five people to the Historic Landmarks
Commission at the next meeting of the Board.
Mr. Fisher reminded the Board that there had been legislation enacted in 1972 which
would allow the County to have elections for Board members, for staggered terms. This
can be by action of the Board or on the basis of a referendum. He said if this is to
be done, it must be completed by July 1 of this year. Mr. Wheeler suggested that this
be placed on the agenda of April 18 for discussion.
Mr. Wheeler said he had just received an updated status report on the Albemarle
County legislative package. Copy of this report is on file in the office of the Clerk
to the Board.
Mr. Thacker said he and Mr. Henley had attended a meeting of the Library Budget
Committee last week. The County has been sent a number of formulas for working on 'the
proposed library budget. The most recently was on the basis of 48.5% for Albemarle and
51.25% for Charlottesville. This would make Albemarle's contribution $177,879, or
$37,500 over the request for fiscal 1974. In the budget meeting, they were told that
these percentages are' not correct. The Library Budget Committee wants to base this
solely on circulation. Last year it was worked on a 50-50 split City-County. If it
were based solely on circulation, Albemarle would have 56.03% and the City of
Charlottesville, 43.97%. This would make Albemarle's contribution $204,442 or
$64,000 more than the request for fiscal 1974; approximately a 50% increase. The
Budget Committee had asked that this be discussed with the Board of Supervisors and
obtain their concurrence on this method of allocating the budget.
2-21-74
Mr. Fisher questioned their method of determining circulation. Mr. Thacker said
circulation figures had been furnished by the various localities and the various
branches. Mr. Fisher asked if the other counties are included. Mr. Thacker said yes. --
The circulation figures for 1973 ~showed Louisa with a circulation of 7,966 and Nelson
with a circulation of 7,157. They are participating to a higher percent since they are
paying $1.00 per capita based on the 1970 census.
Mr. Batchelor said he did not feel that the figures presented were in accordance
with the original contract. The new counties coming into the regional library are being
given a break. The more counties that are included in the regional library, the more
this will cost Albemarle County. He suggested to the Board that this is a difficult
area and will take a lot of figures to justify. He suggested that the committee
study this if the formula is to be changed. Mr. i~acker said that basically they are
not cli~n~±~g the formula since the contract calls for participation based on circulation.
However, for the past several years this has been done on a different method.
Mr. Batchelor said the original contract called for this to be based on circulation,
less the bookmobile, less the branches of Scottsville and Crozet. These were figured
on a 100% participation for Albemarle and he thought this was extended into the new
contract and was extended into Nelson and the other counties. There is confusion about
the contract and this will cause an increase of 20% in one year. Mr. ~eeler said if
you deduct circulation figures on t~e bookmobile and have basically just the fixed Iq
facilities, 50% is too much for the County to pay. Mr. Fisher said he felt the committee
might be right in suggesting that there is a problem with this method. He felt that
in the counties that have taken on a bookmobile that those counties should support the
total cost of that operation and not do it just on a circulation basis. He felt this
was the assumption used when Louisa was allowed to join the regional library. Mr.
Thacker said no. They were allowed to come into the regional library on the b~a~Ti~ of
$1.00 per capita. He said that Greene County is now requesting admission. Mr. Wheeler
said he felt the Board should give the Committee some guidance in this matter.
Mr. Thacker asked if the Board would like to consider working out this formula on
population or circulation. Mr. Batchelor said he felt there was only one alternative
open to the Board, to return to the original contract. He said the Library Board has
indicated that they would like to base this solely on circulation and he felt this is
new business. Mr. Thacker asked if the Board assumed that Nelson and Louisa and Greene, ~
if Greene County is admitted, should pay their total cost and the balance then be
split 50-50 between Albemarle and the City of Charlottesville. Mr. Batchelor said no.
Mr. Thacker then asked if the balance that is left after those three costs are
deducted, and the Albemarle bookmobile, the Scottsville and Crozet branches, are ~
deducted, should be split 50-50. Mr. Batchelor said then there would have to be
a distribution between the City and the County on the main library. The other counties
will have to pick up a portion of that overhead and that needs to be worked out. Mr.
Thacker said this b~i~ committee would meet ~ith the Library Board Committee again on
this matter.
Claims against the County amoun~ $1,189,219.83 were presLented, examined and
allowed and certified to the Director of Finance for payment and c~arged to the following
funds:
General Fund
General Operating Fund
School Operating Fund
Cafeteria Fund
Textbook Rental Fund
School Construction: Capital Outlay Fund
General Operating: Caplital Outlay Fund
Commonwealth of Virginia: Current Credit Account
Local Sales Tax: Town of Scottsville
Total
$ 206.71
217,098.54
740,280.52
45,703.48
1,566.08
170,361.21
10,862.32
2,988.43
152.54
$1,189,219.83
Upon proper motion, the meeting was adjourned at 3:10 P.M.
Chairman