HomeMy WebLinkAbout1974-03-213-21-74
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was
held on March 21, 1974, at 9:00 A.M. in the Board Room of the County Office Building,
Charlottesville, Virginia.
Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr., William
C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. (Mr. Wood arriving at 10:08
A.M.)
Absent: None.
Offic.ers present: County Executive and County Attorney.
The meeting opened with The Lord's Prayer led by Mr. Wheeler.
On motion by Mr. Fisher the minutes of the meetings of December 12, December 19,
December 20, January 9, January 17, January 23, and February 13 (afternoon meeting)
were approved with the following corrections and additions: Page 496, bottom of page,
motion should read: "Mr. Fisher offered motion to lift the building permit moratorium
on Greenbrier and Peyton Drives, with the above stipulated conditions." Mr. Henley
gave second to Mr. Fisher's motion and the motion carried by the following recorded
vote:
AYES: Messrs. Carwile~, Fisher, Henley, Thacker, and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
Request was received from Mr. Parker Welch asking that roads in Arbor Park Sub-
division, Earlysviile, Virginia, be accepted into the State Secondary System. Motion
was offered by Mr. Carwile to adopt the following resolution:
BE IT RESOLVED by the Board of County Supervisors of Albemarle
County, Virginia, that the Virginia Department of Highways be and is
hereby requested to accept into the Secondary System of Highways,
subject to final inspection and approval by the Resident Highway
Department, the following sections of roads in Arbor Park Subdivision,
Earlysville, Virginia:
AUDUBON DRIVE - Point of beginning at center of Route 660
approximately .66 miles North of Route 676 - runs in
an Easterly direction for 1,745 ft. to termination
point at intersection with Dundee Road.
DUNDEE ROAD - Point of beginning at cul-de-sac center 345 ft.
South of intersection with Audubon Drive and runs in
Northernly direction 1,792 ft. to center of second
cul-se-sac, this cul-de-sac being the point of ending
of Dundee Road.
BE tT FURTHER RESOLVED that the Virginia Department of Highways be
and is hereby guaranteed a 50 ft. unobstructed right of way and drainage
easements along this requested addition as recorded by plat in the
Office of the Clerk of the Circuit Court of Albemarle County in
Deed Book 517, Page 352.
The foregoing motion was seconded by Mr. Henley and carried by the following recorded
vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
3-21-74
Mr. Warner said Mr. D. B. Hope, ~District Highway Engineer, will be present at the
April meeting to discuss several matters with the Board.
.... Na~.~report was received on the status of Jefferson Village roads. The Clerk was
instructed to tell the Building Inspector that~the building permit moratorium imposed
on vacant lots in Jefferson Village will remain, in effect.
Mr. Warner said he will call the Board when sketches have been prepared on Old
Route 53.
The following communication was received from the Virginia.Department of Highways:
"February 25, 1974
Routes 1427 and 1428
Northfields Subdivision
County of Albemarle
County Office Building
Charlottesville,_Virginia
22901
Attention: Mr. T. M. Batchelor
Dear Mr. Batchelor:
At the request of the Board of Supervisors our District Traffic
and Safety Office investigated the possibility of a reduction of speed
on the above stated roads. This investigation included a radar speed
study, and from the investigation it was determined that it will not be
possible to reduce the speed limit on either of these roads.
The radar sample taken on Route 1428 indicated that the average
85 percentile speed is 41 mph, and on Route 1428 the average 85 percentile
speed limit was 44 mph. In comparing these results with the speed
study made in 1971 there shows an increase of the 85 percentile speed
of 5 to 8 mph.
Based on this information the District therefore concluded that
the 35 mph speed zone is sufficient, and enforcement of the speed limit
is the correct action to be taken.
After reviewing all this information, we agree with our District
Office; but along this same line, we feel that additional signs along
Route 1427 will help make the driving public better aware of the speed
limit.
If you have any questions pertaining to this matter, please advise.
Very truly yours,
(Signed) R. G. Warner
Resident Engineer"
Mr. Batchelor announced that the Highway Department will hold a public meeting in
Culpeper, at the District Office located on Route 15, on April 4, 1974, at 10:00 A.M.
to hear comments from citizens and public officials in advance of preparation of
tentative allocations of interstate, arterial., primary and urban funds for the next
fiscal year.
Mr. Henley said he has received many complaints about a road between Crozet and
Greenwood because the pavement is too narrow.
Mr. Carwile said a Mrs. Deaner, who lives in Canterbury Hills, has complained
about a small piece of asphalt that is missing at the corner of her driveway. Mr.
Warner said there is normal pavement and gutter at this corner and if the asphalt is
installed and a weak place develops, it might cause water to run out into the pavement
and create problems, but he would contact Mrs. Deaner about this problem.
3-21-74
Mr. Fisher said he had received a copy Of a letter sent to the Highway Department
about the road entrance across from Glenaire Subdivision. Mr. Warner said utility
people are supposed to meet with people from the highway department on Monday so
telephone lines can be dropped and the trees cut. VEPCO and the Telephone Company
will move their poles back from the right of way as soon as the weather permits.
Mr. Fisher asked if the local Highway Safety Commission has looked at the ramp
across from the entrance to Bellair Subdivision. Mr. Warner said he did not know if
they had. The highway department is going to try some type of channelization with
sandbagging before the actual improvements are made on a permanent basis.
Mr. Fisher said in the question of obtaining rights-of-way for new acquisitions
that Donny Woodson, a member of the County staff, is now a notary so he can notariz~e
the necessary deeds.
Mr. Warner said a survey has been started on the Mint Springs Road.
Mr. Warner said a question had arisen concerning Route 758 near Critzer's Shop
off of Route 637. The highway map indicates 1.3 miles as being state-maintained with
another 0.55 mile from Route 637 to a cattle guard and the road goes no further. He
said if the ro~d continues like this, the Board should proceed with abandonment. Mr.
Henley asked if there is only one property owner involved. Mr. Thacker said it was
Dr. John Lange. Mr. Henley said the Board might talk to him first. Mr. Warner said the
highway department will investigate further and make a recommendation to the Board.
Mr. Wheeler asked Mr. Warner if he would stay for the discussion of Ednam Forest
roads.
Mr. Sam Robertson, County Dog Warden, was present. Mr. Henley said he has received
many calls expressing displeasure at 'the way the dog leash laW is being enforced in
Crozet. Mr. Robertson said he is also receiving more calls than he can handle, but he
has not shut down on this. Mr.. Henley felt that since a suit has been filed by
people who think that the county is not going to enforce the leash law, and if it is
to stay in effect, the county should enforce the law. Mr. Robertson asked if this
meant to enforce it before the suit is heard. Mr. Henley said yes. He had talked
with the County Attorney and Mr. St. John has said that Mr. Robertson will not be in
any legal difficulties by enforcing this law. Mr. Henley said there have been a lot
of rumors and this will probably stop them. He asked that the Daily Progress run a
story about this, stating that the Board is taking a firm stand on the enforcement of
this ordinance. He said there have been a few citizens who dared the county to arrest
~hem, but this should not bother Mr. Robertson. Mr. Wheeler asked the press to give
this coverage. Mr. St. John said the pending suit should be decided as soon as possible.
If the suit is void, Mr. Robertson will know immediately.
Mr. Robertson felt it might be better to await the outcome of the suit~ Mr. St.
John said the law has not been declared invalid and there is no way to be sure it will
be. Until that time, Mr. Robertson should issue a summons to those in violation. The
3-21-74
summons may come to court before the pending suit and it will then be up to Judge
Pickford to decide if the law is valid. If this law is not enforced because ther~e is
a suit pending, this penalizes the people who are obeying the law. Mr. Henley told
~r.
Robertson
to use his own judgment and let the people know that the county is going
to make an effort to enforce this ordinance.
Mr. Fisher said he had r~eceived calls from people in Bellair who are having~
trouble with dogs. Mr. Robertson said he is keeping informed of the situation. Mr.
Fisher asked if Mr. Robertson had hired a deputy to help him. Mr. Robertson said yes.
Mr. Herman Dorrier is working three days a week. Mr. Fisher said he hoped Mr. Robertson
woUld.do.~his best to enforce this ordinance in the areas which have been so designated.
Mr. Robertson said if the Board gave the go ahead he would be glad to enforce it. Mr.
Fish.er~said it was the intent of the Board, at the time of adoption, that this ordinance
should~be strictly enforced.
.The Board continued with a discussion of a request for a resnricted roads system
in Ednam Forest. Action on this matter had been deferred from March 134, 1974. Mr.
Wheeler said since Mr. Warner had read the information on the traffic count from the
county staff he would like to hear his comments. Mr. Warner said he no comments at
this time. Mr. Fisher said basically ,the question the Board is faced with is an
entrance traffic count during a non-peak season and with an energy shortage. The
traffic-count is approaching ~1800 vtpd and faced with adding another 400 if the sub-
division is expanded. He asked Mr. Warner what sort of road design would be necessary
at the entrance to handle that much traffic.
Mr-~ Warner said the whole system was underdesigned initially. The traffic count
he had just read gave a 24 hour count of 566. Mr. Fisher said that is for the resi-
dential section, but at the entrance the 24-hour vehicle count was 1773. That was
taken over a five-day period during bad weather.
Mr. Warner said he personally felt that the entrance itself should be expanded
in order for the incoming traffic to be split so as to provide quicker movement. The
entrance and the streets are narrow, so narrow that it would require a major Overhaul
to bring them to standards. He said the streets appear to be no more than 16 feet
wide. Mr. Fisher said it has been stated that they are 18 feet wide. Mr. Warner said
they have very little shoulder, the 18 feet is almost.completely surfaced. Mr. Thacker
said that further back in the subdivision there is also a deep gutter.
Mr. Warner said the whole matter hinges on the fact that the roads were under-
designed, as far as highway department standards are concerned, in the beginning. He
said this is the bad feature of a restricted road. The people who are there initially
may be satisfied but as the subdivision continues to develop and creates additional
traffic, feelings change. The traffic from the new section, added to that already
there, will be about 2500 cars. Mr.. Wheeler said it will.be more than that because
they want to expand ~he commercial section also. He said that probably there is no way
3-21-74
85
the developer can do anything with the entrance road. Mr. Warner said with the way it is
now built, there is no way, without an extensive overhaul of the existing facility. He
said there is a turn lane on Route 250 for west-bound traffic. Trying to extend that
further would overlap with the entrance to Farmington because there is a double left
turn movement. Mr. Fisher said the way the entrance is painted now, there is an
entrance and an exit from the~side toward Charlottesville, but there is only an
entrance from the west side. If someone is coming out of Ednam Forest and wants to
turn left, they must cross all the painted lines and cross all the traffic flow
because there is no room for any other kind of a provision. Mr. Warner said that was
his point. The entrance should be changed to channelize the traffic so there would be
a left slot for west-bound traffic to pull out on the right side, in other words, a
traffic island. There should be a left slot for people to go west and a right slot
for people to go east. The left side of the island would accommodate five or six
people. Mr. Warner said~he felt there is mass confusion there at times with the
present conditions.
Mr. Fisher said he is concerned about the hazard that is going to be caused if
the Board .allows expansion of the traffic on this road at this intersection without
some improvement in the intersection. At least for a section of the road down to the
end which has all the commercial traffic, the Sport's ~Club traffic, Ednam Village
traffic and all the residential traffic. He asked if there was a question that there
is not enough land to make this improvement. Mr. Thacker said he thought the la~d is
there but the topography is such that it would be very difficult and expensive. Mr.
Warner said the land is probably there, but he was not that familiar with the topography.
Right now, at 250, it could be a little tight because of the commercial development
which has taken place. Mr. Carwile said there is another problem in that Mr. Rogan
does not own the property along both sides of the road from the end at Route 250.
Mr. Thacker said the major problem falls with property to the east of the entrance
road and he thought Mr. Rogan still controlled that land.
Mr. Wheeler said this would not be the on!_y e~p~ansion, they also ~ant to expand
e comm rczaz.area., ~nrough ~{r~ ~pvezopment oZ this property, the~~amost
aeve±opeafto/~q~i-~ Ne said the Board f~dst either requi~e, no matter how'
expensive it might be, that the road through the commercial part either be improv.ed or
another way will have to be found to get into and out of this subdivision. He did not
feel that the Board should require anything to be done to the roads back in the present
residential secti~h.
Mr. Warner said he thought this entrance should have minimum expansion because he
did not think that it is built to commercial standards. He said at the time this entrance
was built there were no restrictions imposed by anyone. He said as far as an additional
entrance to the west of the existing entrance is concerned, his department had looked at
this on March 13. He did not know if this entrance had been previously proposed, but felt
it could have been dropped because of the fill that would be required from Route 250
back the length of the property. On Route 250 it would require widening the fill,
providing turn movements and would be quite an undertaking, He said the developer
may have been discouraged by this rather than the sight distance which Mr. Warner
said was very good. Mr. Rogan had used the argument that the traffic travelling in
the east bound lane is comjZ~ 55 m.p.h, and enters a 45 m,p.h, zone. However, with
a turn lane and proper entrance, he could not see that this would pose a real problem.
Mr. Thacker said the Board had primarily been discussing the wesn bound traffic turning
into the existing entrance. He asked about the east bound traffic off of Route 250
since there is no deceleration lane at the present time. Mr. Warner said this is the
reason there needs to be expansion to a commercial type-entrance. This would provide
means of getting the east bound traffic off of Route 250. He said .although the traffic
comes into a 45 m.p.h, zone, the zone is not observed. The minimum expansion would
provide a good commercial entrance for the existing facility.
Mr. Fisher said he always thought the highway department tried to discourage
multiple entrances when one entrance can be designed to handle the traffic flow onto a
major road like Rt. 250. He asked if that was correct. Mr. Warner said it would be
better to have only one entrance. The traffic ~i~olume could be handled at the existing
entrance if it were upgraded. Mr. Fisher asked about an acceleration lane entering the
east bound lane of Route 250. Mr. Warner said the highway department had experimented
with acceleration lanes for several years. In 95% of the cases, the acceleration lane
caused problems ,and did not help the traffic flow. They had found, after studying
locations where an acceleration lane was provided, that it was better to have the
traffic come to a complete stop and then make a turn into traffic. Mr. Henley said this
was not an important factor when the traffic-is moving at a slower speed. Mrs. Warner
said that was true.
Mr. Thacker said he did not know how the Board would vote on the request for
restricted roads, but if the request is denied and the developer required to install
these roads .to State highway department standards, would the highway department have
any control over the entrance onto 250 or iB the only way the Board can control the
entrance is to allow the restricted roads with that added condition. Mr. Warner said
his department, in conjunction with the Board, can exercise control over any entrance
across the right of way because there is supposed to be a permit for every entrance. Mr.~
Wheeler said if the Board approved the back section and required that the roads be
built to State specifications, they have not done anything. There is no way to get
from that back section, across state-maintained roads, to Route 250. Mr. Thacker
said that was true. The highway department will never accepts:the new roads unless
at some point in the future ther.e is an adjacent subdivision that these roads can
be tied to. Mr. Wheeler said after listening to Mr. Warner he was led to conclude
that the new roads be allowed as restricted roads, but built to State specifications
initially so if another exit is found from this back section, the roads could be
3-21-74
accepted into the State system, and the commercial part from Route 250 back to the end
be brought up to present commercial standards as laid out by Mr. Warner.. Certainly, as
part. of the conditions of approval, the Board has the authority to do this. Mr. Carwile
asked if Mrs. Wheeler meant that as part of approving the new
restricted
roads
in
the
part of the subdivision, that the Board could require the developer to upgrade the
entrance. Mr. Wheeler yes. He asked Mr. St. John if he would think about this.
Mr. St. John said he would think about the question, but he did not believe that
the question of whether or not the roads are to be restricted is the same question as
what standards will be required for these roads. The question is whether as a condition
precedent to approval of restricted roads in the new subdivision the Board could
require some changes in the design and construction of the existing outlet from the
Ednam .development. Mr. St. John said he felt the Board could so require, but he would
look into it further. He said the Board has received a traffic count which involves
potential traffic hazard according to the highway engineer and he is the expert. (Mr.
Wood arrived at.10:08 A.M.). Mr. St. John asked if that was correct. Mr. Warner said
when you generate three to four times what is already there, it will. Mr.. St. John
said the Board has a traffic count on what is already there and a projection on what
the new part of the subdivision will create on top of that. He asked Mr. ~Warner if, in
his opinion, the present entrance will constitute a safety hazard. Mr. Warner said
that was right. Mr. St. John said the Board certainly has the right to require that
that be alleviated.
Mr. Thacker asked if the question of subdivision approval is before the Board at
this time or only the question of restricted roads. Mr. St. John said he was not sure
how the matter stood, whether only the roads were before the Board or the entire plan
for the subdivision. Mr. Carwile said the subdivision could not have been approved
yet because the developer could not have put the record to plat. Mr. St. John said he
knew it had not been put to record, but wondered if an application for approval was
before the county. (Mr. Wheeler left the meeting at 1O:10 A.M.).
Mr. Warner said the highway department can only require improvements up to the
right of way, past that point~ the developer can say that his 18-foot road is adequate.
But, the highway department could, after studying the projected figures for traffic
volume, say that the entrance is not adequate to provide for safe movement in and out
of this entrance and certain items should be done. Mr. St. John said there is a
question of how the highway department can make somebody do what they think should be
done. They cannot limit the number of cars going over the entrance as it is now. Mr.
Warner said.the highway department cannot do that. But, if it is decided that the
expansion of the residential as well as the commercial area is going to generate too
much additional traffic, the highway department can make recommendations. Mr.. St. John
said that was his point. The highway department cannot do one thing about restricting
the traffic flow in and out of that entrance. They can. only recommend. It is up to the
-8'8
Board to do whatever is going to be done. Mr. Warner said that is what he said in
the beginning. The highway department only has control to the point wher.e they require
the developer to have a permit to go across the right of way. Mr. St. John said you
mean when the entrance is being built. (Mr. Wheeler came back to the meeting at
10:13 A.M.). Mr. Warner said that was correct, but they cannot limit the number of
cars going out of that entrance. The kinds of restrictions that are imposed must
come from the Board, but the highway department can certainly recommend what. they feel
would be adequate.
Mr. Thacker said he had just been handed a note that Mrs. Grady Covington called.
She asked the status of her request pertaining to mass transportation to Scottsville/ ......
Esmont and/or Charlottesville. Mr. Thacker said he felt this was taken up on
December 20 and~the Board took action at that time. He suggested that the Clerk send
Mrs. Covington a copy of those minutes. Mr. Fisher said it might be well-for her to
make known her wishes to the committee that is studying transportation prOblems for the
City and the urban part of.the County and demonstrate a. need. Mr. Batchelor said the
staff has contacted the bus carrier servicing that part of the County and he will be
adding routes in the morning and evening~for the Scottsville/Esmont area to
Ch~rt~ttes~itl~ Mr..~i.Wheeler asked that Mrs. Covington be notified that the private
carrier has been ~contacted and has promised to get service into that area and other than
that, at thi's time~ the Board does not forsee any other way to handle her request and
it will not be placed on the Board's agenda in the future. Mr. Thacker Offered motion
that Mrs. Covington be notified that there is a study underway regarding mass transit
and this request should be turned over to them for their incorporation into that
~The motion was seconded by Mr. Carwile and carried by the following recorded
study.
vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
At 10:00 A.M., the Chairman called for a public hearing, as~advertised in the
Daily Progress on March 6 and March 13, 1974, to correct, reenact and amend Section 6-3,
Fee Schedules, Permit Fee Schedule of the Building Code, as set out below:
Section 6-3, Fee Schedules, Permit Fee Schedule, Building Code
Building Permit (Minimum.Charge) ........ $10.00
or
$0 to $100,000 of value ............ $ 0.35 % of value
$100,000 to S200,000 of value ......... $ 0.30 % of value
Excess of $200,000 of value .......... $ 0.20 % of value
No one from the public spoke for or against this amendment. Motion to adopt the
foregoing amendment was offered by Mr~ Wood, seconded by Mr. Carwile and carried by the
following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
3-21-74
¸89
Mr. Batchelor said that some months ago, the School Board and the Board of Super-
visors had discussed financing the new northside elementary school through the Literary
Fund~and~the Supplemental Retirement System~ He has discussed this matter with the
State Treasurer's 0ffice and the County's bonding attorney.~ They feel that the County
may be able to borrow through the Virginia ,School Authority? The next. issue will be
on April 4 and it is too late to become eligible for that issue. At this time, the
staff r~equests an additional two months for study of this matter. It will be to the
advantage of the County to borrow in this manner at the end of 1974 or the first of
1975. If this is done, the County will have to borrow in anticipation of a bond issue
in the interim to pay the costs of construction. The County has received $750,000
from the Literary Fund at 3% interest. The County's capital reserve is not sufficient
to carry the other $t million needed. Mr. Batchelor said the Board will have to pass
a resolution to come under this authority, and if they are accepted the staff will
request authority to borrow. Details on this must be worked out with the bonding
attorney~and the County attorney. The staff does not feel that it is advisable to
borrow from the Supplemental Retirement System since it will save the taxpayers
money by borrowing from the school bonding authority. Mr. Carwile asked if the
County can borrow in anticipation of a bond issue before they have been accepted by
the Virginia School Authority, Mr. Batchelor said the Board must pass all necessary
resolutions and be accepted first. Mr. Fisher asked if the County borrowed in
anticipation of a bond issue and delayed the bond issue to obtain a more favorable
rate, if the County. would have to pay a considerably higher rate for the anticipated
bond. Mr. Batchelor said not appreciably.
Mr. Batchelor said that many years ago there was a program in Albemarle County
whereby orchardists were assessed taxes for cutting of cedar trees. This program ended
in the late thirties. Currently, on the County books, there are unpaid taxes in the
amount of $220.31. The auditors, several years ago, tried to write off these accounts
but this was disallowed by the State Auditor. Mr. Lincoln G. Dulaney, present County
auditor has recommended that the Board pass a resolution to have this account removed
from the books. Mr. Wood offer~ed motion to adopt the following resolution:
BE IT RESOLVED by the Board of Supervisors of Albemarle
County, Virginia, that the Director of Finance is hereby
authorized to write off Cedar Rust Warrants in the amount
of $220.31.
The foregoing motion was seconded by Mr. Thacker and carried by the following recorded
vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
Request was received to charge off the balance of the "Over and Short" account in
the amount of $18..00, said balance being a shortage in cash for the 1972-73 fiscal
year. Motion to this effect was offered by Mr. Wood, seconded by Mr. Thacker and
carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
90 3-21-74
Mr. Batchelor said that the City and County own the Joint Health Department and
for a number of years have allowed the Clay Broadcasting Corporation of Virginia to
share the entrance with the Health Department and to have an underground electriC cable
crossing the property. They have requested that this agreement be extended. Mr. St.
John has approved the agreement which states that these rights across the property are
permissive only and will be terminated in the event there is any change in the use of
Clay B~oadcasting's property. Mr. Thacker asked if there is a possibility that this
cable would be in the way of any expansion of the Health Department. Mr. Batchelor
said if it is, they will have to move it at their expense. Mr. Thacker offered motion
to allow the County Executive to sign this agreement. The motion was seconded by Mr.
Wood and carriedby the following recorded vote:
AYES: Messrs. Carwile, Fisher~ HenlEy, Thacker, Wheeler and Wood.
NAYS: None.
Motion was offered by Mr. Thacker to authorize the Chairman to sign the following
contract for anEmergency Preparedness Office with the City of Charlottesville:
THIS CONTRACT entered into this (21st day of March, 1974,) between the COUNTY OF
ALBEMARLE OF THE STATE OF VIRGINIA, acting by and through its Director of Emergency
Services, hereinafter referred to as County and the CITY OF CHARLOTTESVILLE, a municipal
corporation organized under the laws of the State of Vir~ginia, acting by and through its
Director of Emergency Services, hereinafter reffered t~o as City.
WITNESSETH:
WHEREAS, the General Assembly of the State of Virginia has adopted the Emergency
Services and Disaster Law, Title 44, Chapter 3.2, Code of Virginia (1950), as mmended
requiring that "(e)ach political subdivision within the State shall be within the juris-
diction of and served by the Office of Emergency Services and be responsible~for local
disaster preparedness and coordination of response..." Sec. 44-146.19(a); and
WHEREAS, the County does not at present have a capability for satisfying the afore-
mentioned requirement; and
WHEREAS, the Emergency Services and Disaster Law states that "(i)f two or more
adjoining political subdivisions find that disaster operation plans and. programs would be
better served by interjurisdictional arrangements in planning, for, preventing, or respond-
ing to disaster in that area, then direct steps may be taken as necessary, including
creation of an interjurisdictional relationship, a joint emergency services Operations
plan, mutual aid, or such other activities as necessary for planning and servzces."
Sec. 44-146.20, Code of Virginia (1950), as amended; and
WHEREAS, the County adopted a Resolution on May 17, 1973, requesting that City join
with County in forming a aombined Emergency Service office; and
WHEREAS, both City and County agree that City's existing Emergency Services Program
is capable of providing the. required and desirable planning for emergency services
operations for both City and County.
NOW, THEREFORE, in consideration of the covenants and conditions herein contained,
City and County agree as follows:
City will provide the. planning for all emergency services for County as
outlined and specified in Title 44, Chapter 2.3 of the Code of Virginia
(1950), as amended, such planning to be provided on an annual basis. City
and County, however, recognize that the need for planning for emergency
services may arise suddenly during the course of the contract year.
The planning for the aforementioned emergency services will b.e provided by
and will be under the direction of the Emergency Services Coordinator for
City.
(2)
3-21-~4
9i
(3)
(4)
(5)
(6)
The Emergency Services Coordinator will report to and be under the joint
direction of the Director of Emergency Services for City and the Director
of Emergency Services for the County.
Operations of the,office of the Emergency Services Coordinator will at all
times be open for inspection by the Director of Emergency Services for
County. Ail recommendations for change in said operations made by the
Director of Emergency Services for County shall ~be mandatory, insofar as
they affect the County. The Director of Emergency Services for County
will make any recommendations 'for change in Operations to the Director
of Emergency Services for the City.
The Emergency Services Coordinator will provide annually on December 1st
to the Director of Emergency Services for County a detailed description,
including estimated gross cost, of the planning for the aforementioned
emergency services for the interjurisdictional area for the forthcoming
contract period, and a complete accounting of the gross cost of the
planning for emergency services for the contract period ending December
31st. The Emergency Services. Coordinator will also provide to the
Director of Emergency Services for County, at the same time he provides
to the Director of Emergency Services for City, a detailed description,
including estimated gross cost, of the planning for aforementioned
emergency services whose need arises suddenly during the contract year.
The County will review the detailed description and estimated gross cost
of planning for emergency services as presented by the Emergency
Services Coordinator.
(7)
(8)
The Director of Emergency Services for County will report to Director of
Emergency Services for City and to Emergency Services Coordinator any
changes which th~ County recommends be made in the planning for emergency
services for the contract period and in the estimates of gross cost for
said planning. Any changes recommendedby the Director of Emergency
Services for County, insofar as they affect the County, shall be mandatory
on the parties.
By January !St of ~ontract~period, the Director of Emergency Services for
City and the Director of Emergency Services for County will agree upon a
mutually acceptable description, including estimated gross cost, of the
planning for emergency services for forthcoming contract period.
(9)
County will pay fifty percent (50%) of the gross cost of the entire
planning for emergency services, such payment to be made to City annually
on or before January 15th of the year following the end of the foregoing
contract period.
(10) County has the option at the end of each contract period to discontinue
without prejudice or liability the contract for any or no reason if the
following provision is satisfied
to discontinue the contract County must nbtify City no less than
ninety (90) days before the end of the contract period of County's
intention to discontinue the contract.
(11) City has the option at the end of each contract period to discontinue
without prejudice or liability the contract for any or no reason if the
following provision is satisfied:
to discontinue the contract City must notify County no less than
ninety (90) days before the end of the contract period of City's
intention to discontinue the contract'.
(12) Either City or County has the right to immediately discontinue without
prejudice Qr. liability the contract if the obligations of the other party
set forth in the contract are not fulfilled.
(13) The contract period will run from January 1st through December 31st of each
year in which the contract is in force.
(14) The contract will be automatically renewed each January 1st unless one or
both parties take such action to discontinue the contract as is outlined
in Articles 10, 11 and 12 above.
(.1.5) Any and all provisions contained in the contract may be altered without
prejudice to the remainder of the contract if such alteration is agreed to
in advance by both parties to the contract.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by
their proper officials on the date and year written above.
Gordon L. Wheeler, Director
Cole Hendrix, Director
3-21-74
Mr. Thacker's motion was seconded by Mrf Wood and carried by the following recorded
vote:
AYES: Messrs. Carwile, Fisher, Henley~ Thacker~ Wheeler and Wood.
NAYS: None.
Motion was offered by Mr. Wood to authorize the Chairman to sign the following
easement for the Ri~anna Water~ and Sewer Authority:
THIS DEED made this (25th) day of March, 1974, by and between
the County of Albemarle, hereinafter called the Landowner, party
of the first part, and the Rivanna Water and Sewer Authority,
hereinafter called Authority, party of the second part;
W~I T N E S S E T H :
That for and in consideration of TEN DOLLARS ($10.00) in cash
paid and other valuable considerations, receipt of which is hereby
acknowledged, the Landowner hereby GRANTS and CONVEYS with GENERAL
WARRANTY unto the Authority the perpetual right of way and easement
to construct, install and maintain a'sewer line consisting of
pipes, and appurtenances for the transmission of waste water in and
upon ~he LanRowner's lands lying in Albemarle County, Virginia,
which lands are shown and designated as Parcel 135C on Section 61
of the Albemarle County Tax Map. The location of the said easement
is more exactly shown on one plan and profile sheet, Project
Number 2186, sheet 3 of 15, prepared by John McNair & Associates,
Consulting Engineers, Waynesboro, Virginia, which sheet is attached
to and is a part of this deed. The easement hereby conveyed is 20
feet in width and the location thereof is shown by a line outlined
in RED on the said plan and profile sheet, hereto attached. As a
part of the said easement, the Authority shall also have the right
to enter upon the Landowner's lands for the purpose of installing,
constructing and maintaining said waste water line and for making
connections thereto. Whenever it is necessary to excavate earth
within said easement, the Authority hereby agrees to backfill such
excavation in a proper and workmanlike manner so as to restore the
surface condition as nearly as practicable to the same~condition
existing prior to excavation.
There is also granted an additional temporary easement 30 feet
in width for the use of the contractor during the installation of
said waste water line. This easement will terminate upon completion
of installationthereof.
IN WITNESS WHEREOF, the County of Albemarle has caused its
name to be signed hereto by Gordon L. Wheeler, its Chairman and its
corporate seal to be hereunto affixed and attested by Lettie E.
Neher, its Clerk, all as of the day and year above written.
Mr. WoOd's motion was seconded by Mr. Carwile and carried by the following recorded vote:
AYES: Messr~s. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
(At this time, the Board took a two-minute recess.)
Request was received from W. M. Collins asking that the Board reconsider vote taken
on SP-310. Mr. ~Collins said when this special permit was denied, it had been requested
that he plant six-foot pines all the way around the site. At that time, he thought it
would cost too much. He did not realize, at the time, 'that the request had been denied
and he made an effort to see if he could locate some pines at a reasonable price. Since
then he has planted pines along two sides and lacks about 20 trees of having the planting
completed. Mr. Fisher asked how many trees have been planted. Mr. Collins said he was
not sure. Mr. Fisher asked the height of these trees. Mr. Collins said some are six
feet, some, are less, and some are eight feet. Mr. Fisher said when this came to the
Board the first time, there were certain conditions which the Planning Commission had
recommended and one was that Mr. Collins plant trees. Mr. Collins was worried about
3-21-74
whether he could provide the trees andWhileJ~eworried, the Board took action to deny
the request. He has.now planted the. trees and Mr. Fisher had suggested that if he wanted
the Board to reconsider the petition, that he make a formal request to the Board. Mr.
Fisher said at the time the Board denied this request, they gave orders that two trailers
located in violation of the permit.~ be removed from the property and he asked if this
had taken place. Mr. Collins said they had not been removed. Mr. Fisher said one of the
conditions recommended by the Planning Staff and Commission was that the two trailers
be included in the six additional that would be allowed under this permit. Mr. Fisher
said he felt Mr. Collins has made an honest attempt to comply with the conditions tha~t
were stated and he asked that~the~Board reconsider their vote on SP-310. Mr. Fisher then
offered motion to suspend the Board's rules of procedure. The motion was seconded by
Mr. Carwile~
Mr. Fisher asked that the condition regarding the trees be read. Miss White said
the staff had recommended two staggered rows of evergreen trees, minimum height of
six feet, where indicated on the plat prepared by Warren Wade. Mr. Fisher said he
thought Mr. Collins had planted only one.row. Mr. Collins said that was what the plat
showed. Mr¥ Wheeler said the Board was not considering the conditions, If this is
reheard, theB ~is will be part of the public hearing. Mr. Wheeler said he would like to
comment. He had no objections to the Board reconsidering, but felt that there should
be some consistency. He said the Board has been on record for the last slx months as
refusing to rehear such-petitions. He said one of his constitUtents had written a
letter asking that a matter be reconsidered and it was not. He did not see how it can
be so easy to reconsider petitions in some locations and ~refuse to reconsider others
in areas wher~ there are quite a number of people affected by the petition~ Vote was taken
at this point and the motion carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Mr. Fisher then offered motion that'the Board reconsider SP-310 and that it be
readvertised for a public hearing at the owner's expense.. The hearing to be for this
Board only and not to be reheard by the Planning Commission. The motion was seconded
by Mr. Carwile.
Mr. Wood said he would be consistent and vote no. Mr. Thacker said he agreed with
Mr. Wheeler and Mr. Wood that the Board should be consistent. He was concerned that
this would set a precedent for reconsideration and he would also vote no. Mr. Wood
said he felt that if this motion passed, the Board would be obligated to go back and
reconsider the other permit which was mentioned. Mr. Wheeler said while there have been
some reconsiderations, he questioned going back and reconsidering this motion. But, he
felt the Board should keep their options open so that when a decision is made and at a
later time they think som~ correction should be made , they could do this. Vote was
taken at this point and recorded as follows:
AYES:
NAYS:
Messrs. Carwile, Fisher and Wheeler.
Messrs. Henley, Thacker, and Wood.
3-21-74
Mr. Wheeler said he thought reconsideration is not something that should be done
constantly, but the Board should always keep their minds open so they can take the steps
necessary which are in the best interests of the citizens of the County. He said most
of these reconsiderations do affect .quite a large number of people. This particular
petition affects quite a number of people in that area. He said he. would hate to have
to call in the tie breaker to straighten this out. Mr. Wood said he would agree that
the Board does. not need a tie breaker, but he was not convinced the Board should rehear
this petition. He said the Board had asked a good straight forwar.d question of
Mr. Collins. There has been only one row~of trees planted and he felt that by the time
the Board reconsidered the petition, there would still be only one row. He said
Mr. Collins has the right to bring this request back to the Board in one year. He said
on another situation, with which he is more familiar, he might vote another way.
Mr. Wheeler asked Mr. St.. John to advise the Board of their~position. Mr. St. John
said the Board could move to reconsider, their last decision. Any member can. make such
a motion.. Mr. Wheeler asked, he someone would make a motion to reconsider.
Mr. Carwile offeredmotion to reconsider the last vote taken. He said that if the
Board has a poligy, in ~the name of consistency, which does not take into account working
equity for the people involved or a change in circumstance, it would be a bad
policy. Mr. Wood gave second to the motion. Vote was taken at this point and the
motion carried by the following r~ecorded vote:
AYES: Messrs. Carwile, Fishery Henley, Thacker, Wheeler and Wood.
NAYS: None.
Mr. St. John said the Board would now need a motion to set this on the agenda.
Mr. Fisher offered motion that the Board reconsider SP-310 and that it be readvertised
for a public hearing for this Board only, at the owner's expenses. The motion was
seconded by Mr. Carwile and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Wheeler and Wood.
NAYS: Mr. Henley and Mr..Thacker.
At this time, the Boardcontinued with a discussion of a request for a restricted
road system in Ednam Forest. Action on this request had been deferred from March 13.
Mr. Robert Stroud, attorney for Mr. John Rogan, was present. Mr. Wheeler asked if Mr.
Stroud had received a copy of the traffic count taken by the county's staff. Mr.
StroUd said no.
Wheeler: May I furnish you a copy? Now you may proceed.
Stroud: (I) would like to make some brief comments of what I think are important.
The aspects of this matter have had fairly full explanation over the past several meetings
and (we) will be prepared to stand for any questions the Board may have. Our request is
for final approval on Section 5 and preliminary approval of Section 6; there already
being in existence approved and recorded plats for Sections 1, 2, 3, and 4. Within the
sections for which we are requesting approval, the applicant has stated that he will
comply with all the applicable requirements relating to roads and other matters as
interpreted by the County Engineer~, so I don't think there is any issue there within
those Sections 5 and 6. As I understand it, there has been some question raised about
the adequacy of the roadway into Section 5 and 6 which passes through properties, many
of which now do not belong to the developer. Whether something should be done, then
I suppose, if so, who should do it. At the last meeting of this Board, the developer
presented information which suggests that its legal position is that over the course of
time that the planning authorities have been supervisin~t~e overall scheme, n~ong
approving speCific plats except as they go to record. Over the same 15 years that that
has been going on there has been, and more than half of the development being completed,
there is legal authority to indicate that the developer should be allowed to continue
development in accordance with that plan unless as Mr. St. John suggested, there is some
extraordinarily o~erriding consideration~ But, you would have to recognize that in denying
the developer this property it would amount to virtually a confiscation since he could not
develop it according to a plan that he has worked towards. There has been no suggestion
that I am a~are of that, no facts, that would support the confiscation of the property
in this case, although it would amount to a virtual confiscation. There have been
questions about whether or not a second entrance could be had out there or not and you
heard Mr. Rogan, at the last meeting, in the presence of the man from the highway department,
discuss their prior conversations and heard Mr. Brown confirm that he heard the conver-
sation wherein the developer had been discouraged from insta%ling further entrances at
a time when it could perhaps have been done. To go back now, again we think, to say this
is a requirement in order to get something that does comply with our requirements, again
we suggest does amount to c'onfiscation, in the setting in which~ it occurs, that is this
long history. I would simply point out that we are not at the same posture? I don't think
we would be in if we were coming in from scratch again. At which time I think you might
be able to look more broadly than the Board is able to do now. We did submit a letter
documenting this position and showing some cases in Virginia that would confirm the position
that I have given to you in other counties where a similar, but not identical, issue was
raised. We have gone to the Sheriff's Department to inquire about the safety of the
roads ~-out there in terms of the accidents which are reported. We are unable to produce
any records of accidents in the property. I can't say there haven't bee~. Information
from the developer (shows) there haven't been and the Sheriff in his official records
got of accidents so that over a course of time this would tend to discredit the
suggestion that the roads there are unsafe. They have also checked with the Virginia
State Police and their records would indicate that there have been some accidents on
Route 250, but interestingly, they occurred near the Gulf Oil place which is one of the
points .where it has been suggested ~that an alternate exit be installed, so that would
appear to be a~dangerous location; and at the Farmington entrance. It would appear that
with/it~e property itself, which is all that we have any concern about, the records
and facts don't seem to support the implic-ation that roads there. What is true
out on Route 250, I think is clearly beyond the control of the developer. Perhaps the
3-21-74
State highway department should do something else about that entrance out on 250 .which
is where the accidents seem to occur, but we don't believe that is something over which
we have control and if it were suggested that we try to do it, I think we would respond
with the same argument that we ~oppose that requirement now in order to gain approval
of Section 5 way back in the property would be an unreasonable requirement in face of
the period of development that we have accomplished. Within the property itself, the
question of what the people want who are there, there are several property owners here
today, perhaps any one or more of them would be willing to answer your questions or
offer a statement indicating that arrangement between them and the developer has been
resolved so that they are satisfied with each other in the scheme of development out there
and don't want to see something in the.nature of highways passing through the property
and greatly increasing the speed out there that would flow from widening it if you were
to make such a requirement and the developer were able to build it. Part of the reason
for their buying there was the quaintness and attractiveness of the setting and they do
not want that destroyed and do not want to see a second entrance required so I don't
want to speak for them but will leave any of them to pursue those comments or answer
questions along that line. I think that picks up the salient points that we want to
emphasize. I have just been handed a traffic count and find myself in a somewhat
awkward position of not being able to comment on it until I have had a chance to read it.
Wheeler: I think it shows, that the four day count, this is the commercial part
from 250 back to the end, averages about 1773 vehicles per 24 hours. What's the pleasure
of the Board?
Wood: What are we considering? The restricted roads. '(Yes) I move that we grant
the request '.
Carwile: I will second the motion for the purpose of discussion, but this does not
mean that I will support the motion.
Fisher: Seems that we have only two choices and that is to either approve the
request for the restricted roads as presented or to deny it. The approval of Such a
request for an additional 59 dwelling units is certainly contrary to the policies that
we have been working on and would seem not to be in the best ir~mrest of the future land-
owners in the area and the existing landowners~ over a long time period which is what
we have to worry about, not just the next two or three years, but the next 25 to 50
years. The Highway Engineer has advised us that the traffic problem at the entrance is
severe primarily because of the increased commercial traffic and I am very reluctant to
see us go ahead with approving restricted roads through here for another 59 units; adding
another 400 vehicle trips per day to the nearly existing 1800 that we have gotten a small
sample ~during bad weather and during an energy crisis. It seems to me that we are very
likely talking about creating a traffic count on the entrance road that exceeds 2000,
perhaps exceeding 2500 vehicle trips per day in the next few years and the road is
definitely not to the standards that the State would require for such a road. I think
it does constitute a traffic hazard. If inot tod~y, it does for the people who will be
living there in the next few years.
Wood: The reason for the motion i~ the same that I stated at the last meeting. It
is obvious that Ednam Forest was there long before we had our current policy. Obviously,
Ednam Forest was there and set it's own atmosphere that they choose to live in. I am
not concerned about the 1700 or 2000 per day. Those roads are about the same standards
as Rio Road which has about 3500 cars a day, except that this services a residential area
that I think the people choose to live in. I think for us to change those standards now
after some 15 years would be a detriment to Ednam Forest Village and I think we would be
doing an injustice to those people who live there now, as well as the people who wish to
live there, as well as the people who own lots there and hope to build a home as soon as
they can, which I have had calls from. I have had calls from people in Ednam Forest asking
that this thing be approved. They don't know how it got to be such a big issue to start
with. I am not making the motion to support restricted roads in the future. If this
were coming before the Board today under today's standards, there would be no question
that the streets and roads would have to meet the standard that we are dealing on day.
I think we would be doing an injustice to require this of that neighborhood at this time,
to change that and that is my reason for the motion and I would like to see that take
place.
Thacker: One further point I don't think either Mr. Fisher or Mr. Wood have touched
on~.~ It is of Concern to me. We spoke of the safety and welfare of ~the residents of
Ednam Forest and those people using those roads. Very frankly, I am concerned about the
welfare and safety of those people using Route 250 and the potential hazard that would
certainly be increased with the additional traffic at the entrance, .Which is something
we have to address outselves to as well as the question of restricted roads.
Fisher: I could support a motion for restricted roads in this new section~ ~but not
to the standards that we have adopted for ten or less dwelling units. We set that because
we realized the problems that exist in the county in areas that have a high traffic count
on gravel roads, or small gravel roads, and I can only support restricted roads in this
area if they are built to State standards in the initial layout, design, and construction,
with plans that are acceptable to the highway department so that in the event that it was
possible at some future time to connect with an existing State road or if people in the
existing Ednam ForeSt area wimh to upgrade ~their roads so that they could be taken in,
that this road would possibly ..... qualify. I just do not feel that we should put another
59 units on a road standard we have set to be for less than ten .dwelling units. I am
concerned about the entrance at 250. About the increasing commercial development along
the road on the stretch from 250 to the dam, essentially, which includes all the
commercial traffic, the Boar's Head traffic, the Sport's Club traffic, the Ednam Village
traffic, etc., in addition to the residential traffic. It would be my feeling that if the
Board could work out an agreement with the developer, to get t,hat road improved from the
3-21-74
highway back to the dam, to get the entrance improved, to get both of those accepted
into the State system and then to build the roads through the new subdivision to
State standards, with the homeowners agreement to maintain it, I would be willing to
break our policy on restricted roads and allow it to be done. But, otherwise, I don'~
feel it is in the best interest of the people~who are going to live there for the next
50 years to allow them to continue to develop on substandard roads.
Thacker: One thing that should be mentioned is that the Board has discussed this
with Mr. Warner and Mr. Perry not realizing that they would be here at the time the
developer was scheduled to be here and we had ben~fit of their comments concerning this.
I don't know if we would like to have those repeated at this time or not.
Wood: I would. I didn't hear all of that discussion and I feel it would be very
beneficial.~
Wheeler: Mr. Warner, I wonder if you, ask you to stand and make your comments on
what you feel about the entrance and the road from 250 back to the dam site, so Mr. Rogan
and Mr. Stroud can hear them.
Warner: Basically, what I stated earlier was based on the information I had
gvailable as ~ar as future expansion in the~ development. It was my feeling that in the
commercial area itself and the additional traffic going to be' generated that the entrance
to the complex should be made to commercial nature to more adequately handle the increased
volume of traffic that would be generated by the future expansion. In my opinion, this
would necessitate the widening of the existing entrance to accommodate the smooth flow of
traffic onto 250 and provision of a deceleration lane for east bound traffic on 250 to
get off to turn in to the complex in order to not impede the through traffic moving on
250 itself. That is basically the main point that I brought up.
Wheeler: You made a comment about the road from 250 to the dam.
Warner: t commented to the fact that I did not feel that due to the current width
of the road that it was not, according to. our standards, adequate to handle that type
of increased traffic. The point is argumentative, because there are many roads that
handle that volume, but under current standards, it would not meet the need to handle
that volume of traffic.
Stroud: I would like to make certain that I understand that the issue the Board
is debating is the same issue we think we are presenting, just a procedural question.
I understand that the developer is not asking that the roads in Section 5 deviate
in any material respect from standards that you set. I am not entirely certain, and I
have an engineer here today, but I think we ought to be clear that we are not asking
for material deviation on the roads that we are now to build so we are not coming in
and asking for restricted roads as it where. It is just that in order to get to our
property one must travel over restricted roads which this Board~through your predecessors~
have.previously approved and the issue is2can you or should you, in the face of the legal
position which we present, attempt to require the developer to go and do something over
again that was done the way your predecessors previously approved, but I would like to
~ake clear that we are not asking for restricted roads in Section 5 which I think was the
3-21-74
suggestion Mr. Fisher put and I would like to get that confirmed. There may be some
question on the sight distance. There may be some deviation in the strict sense, but
I would like to have the issue cleared.
Wheeler: I think Mr. Fisher commented in our discussion with Mr. Warner this
morning,that, first of all, it is the_feeling that the roads in Section 5, even though
they would be restricted roads, still be put into State highway requirements so that if
later on, if you wanted to bring them into the State highway system, that they would be
such that you could bring them into the system. In addition to that, we are concerned
about the entrance to the Boar's Head Complex and that portion of the road that runs
from 250 to the dam and I have a feeling, I agree with Mr. Fisher that that entrance should
be improved and that section running back to the dam ought to be brought up to commercial
standards that would, Mr. Warner would feel, is satisfactory under today's conditions.
It is not my intention, not the Board's intention, that we disrupt the Ednam Forest
Complex or change these other roads. But, those two things~ I am concerned about and I
think that is what, probably something worked out along those lines is going to be needed
to get my support.
Stroud: Could % just clarify one further point, and I assume this is going on the
record. Is there any suggestion that the road from 250 to the dam was built to any
standards less than what was approved at the time the original plan was submitted. T~ere
is no suggestion that it was not built to the standard that was approved, just question
of whether to apply a new standard now.
Wheeler: I'm not suggesting that because I do not know what~ standards were required
at that time.
Fisher:
The only statement that we are making now is that the traffic that presently
exists seems from our own observations and from what the highway department says, is at
or exceeding the.capacity of that road and any further extension of its use now would
create a hazard. That's what we are saying.
Stroud: Even though it was built to standards which increased use in
when approved in 1960.
Fisher: I can't speak to how much they knew at that time about what the traffic
was going to be.
Stroud: I just want to be sure we have on record what the actual issue is.
~St. John: I get the feeling that a record is being built here. It is already'in
the record what Mr. Warner said this morning, but if this record is to be utiliZed for
any-purpose later, it may be said that what is in the record this morning, when you
gentlemen were not here, cannot be considered in this matter. It was not formally and
properly before this Board this morning because it was scheduled for 10:45 on the agenda
this morning, and I will put this in the record now, iproperly. Mr. Warner not only
stated that this highway's recommendation, etc., with respect to what Should he done
with the entrance, he said that if Section 5 is approvedjregardless of the kind of roads,
restricted, or otherwise, the roads could be made of pure gold in Section 5 and yet the
traffic to be generated by new Section 5., using the present entrance as it is will
constitute a severe traffic hazard, a danger to people's safety. This was stated by
Mr. Warner and if that is not correct)Mr.. Warner you correct me,and state into the
record what you .do think on that subject~ because this is important
Stroud: Is that subject to cross-examination at this point?
St. John: I don't think that is the Procedure. I think you can state anything you
want to into the record here, but I don't think you have cross-examination, etc. I am
not trying to state the thing in the best .light for or against the developer. It has
not become an adverse situation. But, this is what Mr. Warner said this morning and I
feel it ought to be properly part of the record. The issue here, it seems to me, is not
whether these roads will be restricted roads in Section 5 because, for Mr. Stroud's
clarification anyway, restricted roads, no matter what standard they are built to, if they
can never become part of the State system, ~then they are restricted. That has to do
with the means of maintenance and upkeep rather than only the standards under which they
are built, so if they are right in accord with State standards and the State won't take
them over because there are private roads between them and the nearest public road
they are still going to be restricted roads. _Whether or not those roads are restricted,
I get the sense here that it is likely to be the Board's position that as a condition
precedent to approval of this subdivision at all, something is going to have to be
done to improve this entrance to the point where it is at least not a severe traffic
hazard. That is where the record stands here although the subdivision is not even before
the Board at this time. It is a question of restricted roadS, is the only qu~estion before
the Board, but by granting approval of the restricted roads, if the Board intends tO do
that, I do not think it should be allowed to appear that this is approval of the sub-
division pe-r se with the entrance as is, if it is the Board's feeling that that should
not be allowed. Now is the tire, to put it clearly into the record, if~:~_,,: adverse
to having the subdivision approved with the entrance as it is.
Fisher: That's my feeling,
St. John: Another thing I would like to point out now is that I understand tha6
perhaps some members of the Board have knowledge of the layout of the roads in this area.
Some members of the Board, maybe all members of the Board have personal knowledge of the
character of the roads and that entrance. If you do have that knowledge and you want
it to be considered as far as this record, you have to state it into the record, state
whether you have this personal knowledge, or whether your judgement in it or any vote
take, here is based purely and only on the matters that have been brought before you and
are in the minutes of this meeting and other hearings that we have had.
Fisher: I have some knowledge of the roads as they exist and have some knowledge
of the traffic as it enter~s and exits onto 250 because I drive that road at least twice
everyday. I am familiar to some extent with the internal network of roads as they exist,
and the size of the pavement and the radius of the curves, etc., and these are matters
which lead me to have such strong concern for adding additional volume of traffic to the
existing roads.
3-21-74
iOi
Thacker: I do have knowledge of the entrmnce and the internal road layout. It
is knowledge that has been developed over the past number of years. For approximately
a year and one-half I have utilized that entrance twice daily during the normal work
week, and I am aware of the traffic situation.
Wheeler: Mr. Wood, you have any comments you want to make?
Wood: I wonder if you could get everybody in the record and then let me say
something and maybe amend my motion?
Wheeler: I would like to state that I have full knowledge of the roads. Certainly
that portion that we are discussing, affecting the entrance on 250 and going back to the
Boar's Head Complex and any decision I might make on any vote will be from that know-
ledge, plus any information that, and the advise of Mr. Warner, the Highway Engineer.
Carwile: I also have knowledge of the internal road sitation of Ednam Forest and
the entrance at 250.
Henley: I don't claim to be an expert. I have been in there a number of times.
Have some knowledge.
Wheeler: Mr. Wood, you have some comments you want to make?
Wood: I, like the other Board members, have personal knowledge, from traVelling
the roads and also what has been presented here. I intend to base my decision upon those
facts that I have personal knowledge and also what has been presented. Mr. Chairman, I
think it might be appropriate at this time, in order to get us off center here, that maybe
I could state an amendment to my motion, rather than just approval, it be approval based
upon certain conditions and those conditions be: that the entrance is improved with proper
deceleration lanes and acceleration lanes so that it can adequately and in a safe manner
handle the traffic that is existing there now, as well as traffic that might be~generated,
and that the road that they are asking for to service the new areas, the new homes, meet
our standards for restricted roads, and maet all the requirements for homeowners parti-
cipation and maintenance and all of those requirements. I would like to stop there, I don't
want in my motion, I don't want to say that the road be improved from the entrance to the
lake. I think that once the person gets off of 250 and through the entrance, the speed,
the manner in which they travel, it will be a safe manner. I think you could destroy the
whole image and atmosphere of Ednam Village and Ednam Forest by making that a large
commercial road from the entrance down to the Club or the entrance-down to the lake. I
think we can solve with this motion,the problem of restricted roads in'the new section.
We can solve the safety hazard by correcting the entrance. I believe, at this time, that
would be sufficient to do the job without maybe doing away with the atmosphere that is
already there. I personally think it would be a shamme to tear up what is already there
to put in a major commercial entrance all the way down to the Club. It does have great
historical significance. If I remember when the thing was built, it was moved here
piece by piece and constructed out there and I think, it means a lot to me, I would like
to see us correct the entrance and require the other restrictions on the new roads and.
Fisher: The intent of your standards for the new section is to meet our Class A
County standard and not State highway department standards?
(Several people talking at once).
Henley: I don't like the description of what they should do to the entrance
either.~ I think it should prObably be based on the highway department's recommendation
rather than us trying to say. [_j
Wood: I agree with that. Whatever the highway standards are, highway recommendations
to make it a safe entrance to people in and out.
Henley: I think this part of the sub~[ivision should be to State standards which is
a better quality of road and will last longer. ~
Wood: I will agree with that.
Fisher: Are you amending your motion to that effect?
Wood: Yes, sir.
Wheeler: Let me get straight what your motion is, Mr..Wood. You are changigg
your motion, see if Mr. Carwile will agree That you are recommending that the Board
approve restricted roads and they be to State highway standards and that the entrance
be changed to meet requirements which Mr. Warner thinks are necessary and needed for the
safety in that area.
Wood: Yes, and not requiring that the section from the entrance to the lake be made
into a commercial road. I would like to delete that.
Thacker: You are saying from the right-of-way back.
Wheeler: Mr. Carwile, you seconded the original motion, is this acceptable to you? ~
Carwile: I w,ould like to hear from Mr. Warner as to whether he thinks that just
going back to the right-of-way will be satisfactory from a safety standpoint.
Wheeler: Can you ~address that?
Warner: Of course, that is the only thing that we have any direct control over,is
from, is 'back to the right-of-way and it could conceivably need to go further than that.
I don't 'say necessarily all the way, but if may require 100 feet further than that, or
something of this nature.
Wood: My intent, I think I stated that so it is a safe entrance. I am not talking
about just on the right-of-way. I think it may be another 25 feet in there to make it
work, this is the intent of my motion. I don't want to see us destroy what is there
and run a four or six-lane, highway all the way down to the dam.
Fisher: I don't think anybody is talking about a 70-foot highway.
Wheeler: Mr. Carwile, are you going to accept that motion? ~_]
Carwile: No, sir.
Wheeler: We still have your original motion before us Mr. Wood, do you want to
vote on that motion?
Wood: I withdraw the motion. --~
Wheeler:
Carwile :.
Wheeler:
Mr. Carwile, is that acceptable?
Yes.
Mr. Snow, you have been holding your hand up.
Rogan: I would like to have one thing clarified, as to what you mean or did mean
before by highway standards. I don't know whether I really appreciate that wording or
-- whether I understand it. We certainly intend to d. omply with any restriction which the
County has set up for subdivisions. If you want a 20-foot road,,-~we will have a 20-foot
road. I assume that is base, you get it. I don't know whether they are the same t-hings
that the highway standards.
Wheeler: We use the highway standards, sir, other than.
Rogan: These are built in accordance with the little sheet we received from the
- Planning Commission.
Carwile: Road standards.
Wheeler: You understand, Mr. Snow?
Snow: What we are talking about in Section 5 is that Mr. Rogan has no objection
whatsoever to base and width of pavement and width of shOulder, but what the highway
department would require for this class road which would be Category 1, would be a
certain sight distance when you go over hill and a degree of curvature. If this type
of thing out there is going to destroy the whOle thing. You will wind up with cuts
and fills that just are not going to look like Ednam Forest. We would like. to
comply, we have submitted a set of road plans to the County Engineer and the comments
we got back from him is that we would have no objection whatsoever to comply with. We
would certainly like to get some variance on the sight distance, vertical sight distance
and curvature that the highway department requires of Category 1 roads.
Thacker: Mr. Snow, on plans presented to the County Engineer',. were vertical sight
distances, vertical alignment and horizontal alignment, indicated?
Snow: Surely they,..were, they were as-built, a complete set of road plans.
Wheeler: But', they still would not meet Category 17
Snow: No, sir. Because of sight distance and the degree of some curves.
Henley: Did the base and width meet Category 17
Snow: They did.
Wheeler: If you don't meet the sight problems, we have that on some roads that we
can't get in now, Bedford Hills, for instance, that cannot be brought into the St-ate
system. If you don't require those sight alignments now, then ten years from now, if
you get another entrance in, you want to bring this into the State system, it can't be
" done.' Unless you go back, and I know what they are going to say then, we don't want to
L
tear our roads up, so we either require this Section 5 so that somewhere along the line
· ~tate system or we forget about bringing into the State system and
it can be broughtZ~o he
that is exactly before us. I am~ not willing to forget about at some time, bringing into
the S~tate system.
Batchelor: Mr. Warner, have you seen the plans and specs? Would the sight distance
and curvatures under the new high~ay standards for mountain property, hilly property,
change from the old requirements that might allow for this? Do the new ones make that
much variance?
Warner: Depnds on how liberal ~an interpretation you want to put on the new'
standards. The -way I interpret~ and the way it has been interpreted to me, the new
standards, baa~cally apply to short cul-de-sac streets that will not have any future
through traffic. Only go to a certain point and stop. Some consideration can be given
to variances and sight distances and this sort of .thing in these streets that won't
ever generate this much. That's the interpretation. It specifically states in there,
been other, certain other interpretations applied, tried to extend it to a lot of situations,
but it speCifically states in the last paragraph that it refers to short sections or
cul-de-sacs that won't be extended any further.
Fisher: I think the question of the roads that have been built in the proposed
Section 5 and 6 of the subdivision are ~ot the question that is before this Board. The
questiOn is what we think ought to be there. The roads that have been built have been
built at the owner's risk.
Wheeler: That's right. Can we have a motion of some kind?
Wood: I don! t think the intent of this is ~to ever get those roads into the system.
I think the homeowner's agreement, and the maintenance agreement that is there now is going
to be I would like us to see put into proper standards as far as depth of sub-
material, so there is an adequate maintenance situation there and. not chuck holes. I
believe it is Mr. Henley's intent in this, and I agree with that. I don't think we
should~ disrupt the atmosphere that has been created there so that someday it might come
into the systerm. I think it is thoroughly understood, and the intent is, to never come
into the system and it be created as private roads in the existing .... I think
you are going to destroy something there that's good if we require that.
~Wheeler: I Would request some type of motion so that we can get on with business.
Rogan: May I make a statement before you do that?
Wheeler: Yes.
Rogan: If the question boils down to the entrance, I would like to go back and
review the history on that. Our conversations with the highway department and how it's
grown, and deceleration lanes and accelerations lane. If that is not the question and
I don't see how it can be relative to the back por.tion. In the first place Ednam Forest
does not own that entrance. It is completely under another entity. The Boar's Head Inn
owns it, and that is composed of quite a bunch of stockholders now and we would have to
go back to them to get some sort of approval, so we (are) talking about two separate
entities we have to deal with. If it is just the back portion, we want to do what you
all want us to do.
Fisher: Mr. Rogan, it is honeStly both the question of the roads in the back section
If
and the entrance. /We are going to add 400 or more vehicles to that traffic, then we
must consider that.
Rogan: We don't want an unsafe situation and I hope you understand this. Nobody,
the owners, the people who live there, the Boar's Head Inn, or anybody else. So that
something will have to be done if it reaches a point where it is unsafe. The problem
now is getting off and onto 250 and there are lots of situations where getting onto and
3-21-74
i05
off the State high~ay are dangerous situations and that is something the highway has'
not only to take care of, but tell us what to do to help. We have requested a lot of
help there in the past and they haven't seen fit to give us decelerations until traffic
came up to a certain point. Now. they/say coming toward the east, they say another one
should be in there. When we made our first application for slow-down lanes in there
they thought we were off-base and said no thank you, and waited four or five years before
they did it. That wasn't built up, I don't thin.k, by the owners living back in Ednam
Forest. There are a lot of people in and out of there, but I don't think it is all
created by the homeowners and I personally feel the issue is the roads back in the
subdivision and not somebody~else's land over which they are travelling. I do think it
would spoil the subdivison to make highways back through there. I think our owners feel
the same'., way.
,Wheeler: Can we get some motion?
Fisher: I would like to-make a motion to the intent that I stated previously that
in order to get approval for Section 5, ~.fina'l approval for Section 5, and preliminary
approval for Section 6, that we state that the roads in those sections will be built to
standards of the Virginia Department of Highways for roads in residential character and
the traffic load that will be expected to be generated. That the plans for those roads
be developed and approved by Mr. Warner, if he will do so at our request, and that on
completion of those roads, they be inspected by the County Engineer. I don't think we
can ask the highway departmentoto inspect those roads. But, to see-whether they comply
generally with the plans that have been submitted and approved. 2) ~That the entrance
from 250 to Ednam Forest, back to the dam, be redesigned and constructed~'to approval, of
the Virginia Department of Highways for inclusion into the State highway system in order
to handle the traffic that P=esently exists and is anticipated to exist.
Wheeler: You have heard the motion, do I hear a second?
Carwile: I could support a motion along those lines with the exception that from
the 250 entrance back be designed and constructed in a fashion to satisfy the highway
department. As for saying how far back it goes, I would rather leave that to the
highway department rather than our being arbitrator of that and that if constructed
to the highway department satisfaction that it is the option of the developer as to
whether or not he wants to put it into the system.
Wood: I could support a motion along those lines if you dealt with the entrance
and not all the way back to the dam. My concern is the safety of the entrance and
not restricted to the right-of-way.
Wheeler: Mr. Fisher, I have no second to your original motion. Do you want to
restate a motion or does somebody else want to make a motion.
Wood: Let somebody e!me.I tried, and Jerry tried.
· Henley: I've been trying to. get Stuart to do it.
Carwile: I will make a motion that will include Mr. Fisher's first condition with
Cespect to Section ~5 and Section 6 and as to the entrance from 250 that it be, that the
highway department, that our approval of Section 5 and preliminary approval of Section 6
be conditioned upon the developer agreeing to take such steps and do Such construction
as is necessary, at his expense, as the highway department recommends to the County and --]
the deVeloper in order to meet the safety criteria and objectives of the highway department
Wheeler: How far . . . ?
Carwile: No, not limit it.
Wheeler: Do I hear a second to this motion?
Henley: I will second the motiOn.
Fisher: Can I ask some clarification? You are going to leave it entirely up to Mr.
Warner tO decide what is going to be a safe situation on the stretch between the entrance
and all through all the commercial property?
Carwile: I, ~!frankly, think Mr. Warner is in a better position to jndge that. than
the Board is, being an expert in highway matters. Not only Mr. Warner, but the high-
way department.
Fisher: What if Mr. Warner said it had to be constructed to State standards all
the way back to the Sport's Club, or something like that?
Henley: I'm thinking of the entrance there.
Carwile: I am only thinking with respect to the entrance road as it goes down to
the dam. I'm not speaking with reference to any other road in the Boar's Head Complex.
Fisher: Mr. Warner, you have the ,full intent of that motion?
Carwile: Are you~ willing to undertake that Mr. Warner?
Warner: I am in a position where I will offer on behalf of the department, with
department comments, or recommendations to the Board. I want to make it clear right now
that it will be the Board's decision as to how you react to the recommendation that we
might make. I will be willing to advise the Board and make recommendations. As I
understand the motion as just made, that it involves the: entrance and not the total road.
Carwile: How long will it take you to be in a position to make your recommendations?
Warner: I could have them next week.
Wheeler: There is a motion on the floor and I think it is a reasonable motion and
I think that with Mr. Warner's recommendation and we can have our own engineer take a
look at it, I think the motion, once this Board gets a recommendation from Mr. Warner,
this Board can take a look at it and set it as our requirement. --~
Carwile: I would like to change my motion to the extent that Mr. Warner advise the
Board and County Engineer and the determination of it be made by the Board.
Wheeler: O.K.
Wood: We are not taking any action today? This is just to get the information in?
Wheeler: NO. We will approve the motion, but the approval is conditioned on our
approving that the entrance coming to this Board and we will tell them our requirements.
Carwile: It puts Mr. Rogan in the position of know~ing if he is willing to comply with
the conditions, that he would have approval on the restricted roads and eliminate that
degree of uncertainty.
3-21-74
They
Thacker: That is an amendment of your motiOn?-
Carwile: Yes, restating of my motion.
Wood: You are saying to the fullest, highest, State standards on the back roads.
can't have those to a restricted road area.
Fisher: They are restricted to a standard, state highway department standards, as
I understand it.
Wood: I feel that we are making a mistake there. If they are going to be restricted
and can never be taken in anyway, I don't think we should destroy the atmosphere of it.
Wheeler: Unless Mr. Carwile wants to change his motion, or there is another comment,
I am going to call for a vote.
Carwile: I would just like to say that the reason for stating my motion as I did
is the concern I have heard on behalf of several of the Board members earlier~ this morning,
plus statements from Mr.. Rogan that he was willing to comply with whatever standards
we set for Section 5 and Section 6.
Fisher: Is it also the intent of your motion that all the other parts of our policy
of restricted roads be incorporated into Section 5 and Section 6, for the maintenance
and upkeep of those roads?
Carwile: Yes. I think that was part of the application that was made to the Board,
that it would be done in that fashion.
Wheeler: Further discussion?
St. John: Could I ask that something be clarified? The requirements that the
interior roads in Section 5 be to State standards, mean all standards, including those
with respect to sight distances and cuts and fills or With just respect to the composition
of the roads? Don't want to leave that ambiguious.
Carwile: My motion was with respect to all standards.
Rogan: I didn't mean to comply with that. You quoted me that I Would, but ! don't
think we can comply with all of that.
~eeler: That will be for you to decide, if this motion passes.
Henley: That's not really my, I don't know if we ought to, I was thinking of the
base and width. Maybe that's alright.
St. John: I don't want to speak out of turn, but you asked my opinion on this. ThiS
was the subject on which you asked my opinion before, ~when the matter came up and I gave
you my opinion. I still feel that opinion is my opinion on the qeustion of these
interior roads, not on the question of the entrance. I think we ought to keep those
separate. ~The first opinion that I gave you on this with respect to the character of
these interior roads, I still feel this is right.
Wt~eeler: Mr. St. John, this motion does not change any of the roads that are
there at the present time. This is just in Sectior~ 5 and 6.
Carwile: Which is to say,Mr. St. John, that~you think the requirements with respect
to fills, slopes, sight distances, you want based on previous actions of this Board?
108
St. John: I don't feel that strongly about that as I did about the requirement
that you go back and change the existing roads.
Carwile: That is not part of the motion.
St. John: I feel they are sort of in a gray area here. There is a question in
my mind as to whether we can do this.
Wheeler: As I understand, Mr. Carwile's motion has nothing to do with any roads
that are there now. Mr. Henley, are you going to accept this change?
Henley: That's not really what I thOugh we were going to do.
Wheeler: Do you want to second or do you want to withdraw your second?
Carwile: I am willing to further amend my motion to ~eliminate the requirements
as to sight distances, slopes, curves, and in all other respects' t~ be the highway
department.
Wheeler.: Mr. Henley, do you accept that amendment? Further discussion?
Wood: I can vote for that motion.
Henley: I think that this thing has been established. I think 'it would be nice
if eventually it could be hooked into another system, that one little piece. I think
we are going to end up in a law suit and we have too many of those now, so I don't
believe it is worth requiring that.
Wood: I call for the question.
Wheeler: Any further discussion? Call the roll. Wait one minute.
Thacker: Just for the record, I would like' for Mr. Carwile to restate the motion
so there is no question what we are voting on.
Carwile: I will incorporate the first part of Mr. Fisher's motion ( In~-order to get
approval for Section 5, final approval for Section 5, and preliminary approval for
Section 6, that~ the roads in those sections will be built to standards of the Virginia
Department of Highways for roads of residential character and the traffic load that will
be expected to be generated. That the plans for those roads be developed and approved
by Mr. Warner, and that on completion of those -roads they be inspected by the County
Engineer. to see if they comply generally with the plans that have been submitted and
approved.) and the r~finfg part of my motion would be as to the entrance from Route 250
Wheeler: Can I interrupt? That isn'-t right Mr. Carwile. Mr. Fisher's motion was
that they be to Category 1 and that isn't as I understand
Carwile: Can I finish?
Wheeler: Alright, go ahead.
Carwile: That as to the entrance that they be from 250 back, that the roads be,
that the developer, agree to construct the roads in such a fashion as this Board may
hereafter approve after consultation with the highway department and from the County
Engineer. It not being my intent that the construCtion be back to any specific point,
but to such point as the highway department and the Board may decide the interest of
safety may require and that we only are speaking with reference to the entrance road off
109'
of 250 and not as to any iother road with respect to the upgrading of the entrance; and
that the construction of the roads in Section 5, for final approval, and Section 6, for
preliminary approval, be to highway department standards with the exception of sight
distances and slopes.
Fisher: Are they to meet any standards?
Carwile: Approved by the County Engineer.
Vote was taken at this Point and the motion carried by the following recorded vote:
AYES: Messrs. Carwile, Henley, Wheeler and Wood.
NAYS: Mr~ Fisher and Mr. Thacke~.
Mr. Clarence McClure, Superintendent of Albemarle County schools was present to
request that the Board fund Distar Aides for the balance of the 1973-74 school year. He
said that these aides will have to be terminated at the end of March in order to stay
within the budget which the County has now been allotted for the school year. The'
School Board has approved, and he would ask that the Board of Supervisors grant $20,000
to finish this ~program through the end of the fiscal year. He said,at the beginning of
the year~ allotments were made on the basis of new census figures. The School Board was
told that they would receive~ $23
Federal government before on all
but only committed $210,000. ThE
In November, they found that ins~
At that time, they cut everythin~
the program. They stated, at thal
positions if the money was not f~
impounded money, and because the
money, that they could probably
Department of Education and the
they found that the allotment ha
,000 to fund this program. Having dealt~with the
tments, the School Board made a proposal for $237,000,
~y felt this would be sufficient to cover the program.
:ead of $237,000, the Coun~ty would receive only $190,000.
that was not personnel and not absolutely essential to
time, that they might have to terminate the Distar aide
rthcoming. They were told that due to release of
SchoOl Board had a few thousand dollars in carry-over
mke it through the year. Mr. McClure called the State
'~chool Board did receive additional funds. Two weeks-ago
been reduced to $170,000. Mr. McClure said the aides
are an important factor in the p~'ogram.
groups which show up Poorly on r~
are receiving. Mr. McClure aske~
places within._ the present school
assured him that if any money is.
is a possibility that all of the
today. Mr. Carwile asked if the
been appropriated to continue th~
would have to make an appropriatJ
category. Mr. McClure said the
and many localities lost money.
After the allotments were made,
which were brought on them.
The groups are relatively small, ~ut they have
~adiness tests and need the individual attention that they
for authority to take the necessary funds from various
~udget. He said the State Department of Education has
returned, Albemarle County will received preference. There
money will be received. He said a decision must be made
School Board has money available in what has already
.s program. McClure said yes~ At a later time, he
.on request ~for transfer of funds into the teacher-aide
!irst allotment for this year was made on the 1970 census
These were localities who~ also lost Iow-income children.
:ongress went back to the 1960 census because of pressures
They now have a different bill in Congress and there seems
to be more certainty. Based on the 1970 census, Albemarle County received students,
but did not receive the money. Also in the program is a forward-funding feature ~hat
would give guarantee~Lof the monies to be received a year in advance. Mr. Wheeler said
he had been contacted by several people who explained the program to him. He felt it
ia worthwhile and should be carried through the r.emainder of the school year. Mr. Fisher
said there had been a very well organized campaign to make sure that he understood the
problem.
Mr. Thacker offered motion that the program be continued and the Director of
Finance be authorized to transfer these funds, upon recommendation Of Mr. McClure.
The motion was seconded by Mr. Fisher and carried by the following recorded vote:.
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Mr. Allen Kindrick, Chairman of the School Construction Committee, was present to
give a report. Copy of the Committee's report was handed to the Board of Supervisors on
February 21 and is copied out below:
Introduction. At its regular monthly meeting of May, 1973, the Albemarle County Board
of Supervisors requested the Albemarle County School Board to set up a committee to study
and investigate methods and materials that might result in savings for the construction
of school buildings. The Board of Supervisors also asked this committee to study the
possibility of using standard plans as one means of reducing architectural fees.
The committee was appointed by the School Board chairman and was composed of the
f~ltowing persons: Allan B. Kindrick, Chairman, Mrs. Mary Jo Ayres, Mr. David Gibson,
Mr. R. E. Lee, Jr., Mr. Vanzy Wood, Mrs. Mattie Logan, Mr. William Roudabush, Mr. C. B.
McCormick, Mr. Clarence McClure.
The committee met on September 26, 1973, to discuss its assignment. The committee
selected the areas in which it felt the greatest potential of saving existed., Various
members were asked to study these areas, and gather information which could be used in
determining construction criteria for future building programs. The committee met
subsequently to discuss the information returned by the various members. The information
and the discussions of the committee are summarized below:
Standardized Plans.
that under certain conditions the use of this type of planning would be advantageous.
example-, where several schools were to be built simultaneously for the same purpose,
standardized plans would have cnnsiderable advantage if all projects were being bid at
once. This Would not only result in some savings in architectural fees but would also
reduce cost due to volume purchases by the contractor. However, this condition does
not appear to apply to the immediate future in Albemarle County.
Standardized plans were discussed at length and the committee agreed
For
Since approximately one-third of an architect's fee is for supervision which would
apply to each project, there would be no savings in this portion of his work. Other
items which could also erode any expected ~ings in the architect's fee would include
such things as site adaptation, and build/6~Rfiguration for traffic flows.
The committee concluded that the use of standardized plans could in some instances
result in savings, but such a plan could only be used over a short period of time or
changing requirements and construction techniques would absorb the savings, in change
orders and redesign.
Walls Systems and Roofs. A study of Sweets' catalogues and other construction data
available was presented by members of the committee. This study did not supply any new
or revolutionary construction concepts which are not already readily available to the
architects in our area.
Pre-engineered buildings (metal buildings)' were discussed for the possibility of
cheap space. This type building has not been in use long enough to determine its life.
This type of construction would definitely cost less for the shell but the architectural
treatment for exterior appearance as well as interior~ finished, subdividing, lighting,
and comfort conditioning would bring the price to near that of conventional construction.
Any savings that might result would be questionable due to the unknown life expectancy for
this type building.
3-21-74
!11
Wiring and Light Fixtures. Our committee, including one local electrical contractor, who
~tudied some previous electrical work in our building programs, offers the following
information.
Two areas which could lend themselves to cost reduction would be the use of aluminum
conductors in place of copper conductors and the selection of light fixtures.
Regarding aluminum conductors, this material can only be used with special type
of connectors and there is some question as to its reliability at the connector, due to
atmospheric conditions. And in the event of failure the long-range cost of using this
material could easily exceed the initial cost of using copper which is our present
practice.
Light fixtures are a large cost item in the electrical work and should receive
considerable study during the design stage of any building plan to determine that the
most efficient arrangement is being utilized for the purpose required.
Other possibilities discussed were that of using skylights and windows to decrease
the amount of arti£icial light required; however, the committee agreed that this would
be false economy since the increased window area would only increase the cost of comfort
conditioning equipment and its operation.
Mechanical ~quipment. Two mechanical engineers were consulted and they provided a
comparison of the commonly used mechanical systems. The point was made that the heating-
cooling requirements of the various types of spaces in a school building can best be met
through the use of the appropriate mechanical system. In addition to first cost, efficiency,
maintenance and performance, there are other factors which must be considered in selecting
an appropriate system. Some of these are listed below.
2.
3.
4.
The size and type of space to be heated and/or cooled.
The number and type of control zones.
Rooftop units as opposed to indoor type central equipment.
Type of fuel to be used.
Exhibit A.
No. 1.
Dual Duct. The system consists of four major components :~
('a) A central air handling unit; (b) two supply ducts; (c) a mixing box; and
(d) a return air fan and duct or plenum system. The air handling unit supplies
one stream of hot air and one stream of cold air. The hot air and cold air is
ducted to each spare in separate ducts and mixed in the mixing box which
is controlled by the room thermostat. Hot air and cold air is mixed in the
proper proportion to condition the space. Heating and cooling is supPlied
from external sources (boiler and chiller) and piped to the unit.
No. 2.
Reheat. The system consists of four major components:
(a) A central air handling unit; (b) one supply duct; (¢) a reheat coil
and/or box; and (d) a return air fan and duct or plenum system. The air
handling unit supplied one stream of cold air through a single duct system.
Air is ducted to each space and under the control of the room thermostat is
reheated to the proper temperature to condition the space. Heaiting and coOling
is supplied from external sources (boiler and chiller) and piped to the unit.
No. 3.
Variable Volume Induction. The system consists of four major components:
(a) A central air handling unit; (b) one supply duct; (c) a variable volume
box with a reheat coil; and (d) a return air fan and plenum system. The air
handling unit supplied one stream of cold air through a single duct system.
Air is ducted to each space and under the control of the room thermostat is
mixed with return air which is returned through the light fixture. When a
preset maximum of return air is mixed into the system, additional heat is added
through a reheat coil. The amount of air supplied by the central air handler is a
variable amount and varies as the system load changes. Heating and cooling is
supplied from external sources (boiler and chiller) and piped to the unit.
Multizone. The system consists of three major ~omponents:
(a) A central air handling unit; (b) a supply duct system; and (c) a return
duct system. The air handling unit has a set ~of hot and cold duct dampers for
each zone which are controlled from the room thermostat. A separate supply duct
is run from the unit to each zone. Heating anld cooling is suppled fromm external
sources (boiler and chiller) and piped to the ~nit. ~
No. 5.
Hydronic Unit Ventilator. The system consists ~of two major components:
.(a) A classroom unit ventilator and (b) a piping system. The unit is located
zn the space, usually under an outside window, and is controlled from a room
thermostat. Heating and cooling is suppled from external sources (boiler and
chiller) and piped to the units.
No. 6.
Self-Contained Unit Ventilator. The system consists of one major component,
~e unit. The unit is located in the space, usually under an outside windowF
and is controlled from either a room thermostat or unit mounted thermostat.
Cooling is suppled from a built-in compressor iand hea~ing is electric resistance
type or supplied from an external source (bOil!er) and piped to the unit.
112
Exhibit B.
Performance
First Operating (Controll-
System Cost Efficieqcy ability)
Dual Duct F D B
Reheat E F A-~
Variable Volume B A C
Multizone D E D
Hydronic U.V. C B E
Self-Contained U.V. A C F
*Note: Ail room noise is wihin accepted standards.
Maintenance *Room Sys tern
Noise Life
A C '~ 30- 40
A B -30-40
A D 30-40
A A 30-40
B E 30-40
C F 10
Fan room noise is based on the
assumption that the proper attenuation can be built into the duct system.
The most desirable rating is indicated by the letter "A".
Other Considerations For Savings. Various sources were contacted for additional informa-
tion regarding school construction and related costs. No one area stood out as being a
major area for savings. It appeared that if savings are to be made, they will come from
many and'.varied places and in small amounns. The following ideas ~should be considered
as school buildings are Planned in the future:
The life expectance of the building should always be considered and then the original
cost as well as the operation and maintenance cost should be combined to ~arrive at
the most economical overall building cost.
Design building shapes which get the greatest usable space with the least amount of
perimeter walls.
Continue to use a very minimum of windows, this will reduce the initial cost of
climate control equipment as well as the annual operating cost.
Fast track construction management was discussed as a method of managing school
construction. This plan would allow construction to begin as soon as space
requirements are determined and final design would overlap some parts of the early
construction. The big savings of this program results from the fact that the
overall construction time is greatly reduced.
While this method of construction has its merit it would not be possible to use it
for school work where total design must receive approval by the State Board of
Education as well as the fact that all work must be awarded on the basis of
competitive bids.
Conclusion~ There are ways to control the cost of construction of school buildings, but
there is no single method or material Which would be of any great savings and each item
must be studied for its overall effect on the building and the budget. Based on present
construction cost per square foot, Albemarle ranks among the lowest in the State of
Virginia at this time.
Since the total, savings will haver to come from the combination of many small items
the Board will have to be very diligent in its efforts during the planning stage of the
b ui 1 ding.
The greatest emphasis which we can give to the reduction of cost is that of allowing
adequate planning time, so the Board can study in detail the plans between their design
stage and the preparation of working drawings.
Mr. Kindrick said there might be a savings, but from close scrunity of the next set of
plans. The saving would be only a small amount here and there. The committee went
further then they were charged and have arranged with the architectto use the committee
to assist him in reviewing plans for potential cost savings. The committee plans to
have public work shops. Mr. ThaCker said what the committee had done was certainly a
start into what he wanted to see accomplished and he was happy to hear that the committee
will continue. He said that he did not know exactly which structural systems had been
investigated, but this is a start in the right direction. Mr. Wheeler asked Mr.
Kindrick to express the Board's appreciation to the committee for the work they had done.
Mr. Wood asked that the Board be given notice when the committee is meeting with the
architect.
3-21-74
113
Mr. ~neeler told Mrs. Grady Covington, who had just arrived, that she would
received a letter from the Board in answer to some of her questions.
At 12:05 P.M., the Chairman requested the Board to adjourn into executive session
to discuss legal matters and the purchase of land. Motion to this effect was offered
by Mr. Wood, seconded by Mr. Fisher, and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
The Board reconvened at 1:40 P.M.
Appointments to the Equalization Board, the Economic Development Commission and
the Historic Landmarks Commission, were ordered carried over to another agenda.
On motion by Mr. Carwile, seconded by Mr. Wood, the Board concurred in the appoint-
ment of Mr. Milton Atkins and Mr. C. P. Noel, as members from Louisa County to the
Region X Community Mental Health & Retardation Services Board. The motion carried by
the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Mr. Wood offered motion to reappoint Mr. Robert P. Englander to the AlbemarIe
County Service Authority Board of Directors. Mr. Fisher offered motion to reappoint
Mr. Myron E. Tremain to the Albemarle County Service Authority Board of Directors,
said terms expiring on April 16, 1978. The motions were seconded by Mr. Thacker and
carried by the following recorded vote:~
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
On motion by Mr. Thacker, Mr. George R. St. John was reappointed as County Attorney
for one year from April 1, 1974. '~:The motion was seconded by Mr. CarWile and carried
by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
On motion by Mr. Carwile, the County Attorney's salary for the months of March,
April, May and June, 1974, was set at $3,000 per month. The motion was seconded by
Mr. Wood and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Mr. Wheeler said the staff is working on a recommendation for the Board for the future
operation of the landfills. He said there should be input from the Board and asked that
Mr. Thacker and Mr. Fisher work with the staff designated by Mr. Batchelor, and make
recommendation to the Board for operation for a few months and recommendations for
permanent operations. He asked that a tentative report be given on April 18.
Statement of expenses of the Director of Finance, the Sheriff's Office and the
Office of the Commonwealth's AttOrney for the month of February, 1974, were presented.
3-21-74
On motion by Mr. Wood, these statements were approved. The motion was seconded by
Mr. Thacker and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. _~
NAYS: None.
Statement of expenses incurred in the maintenance of the County Jail for the month
of February., 1974, was presented. Statement of the Jail Physician in the amount of $89.'00,
of which two-thirds is reimburs~able by the State was presented. On motion by Mr. Fisher,
seconded by Mr. Carwile, these statements were approved by the following recorded vote: ~
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Report of the County Executive for the month of January, 1974,.was received as
information. Mr. Batchelor said the next agenda will carry a request that the Board
readopt anticipated revenues for the 1973-74 year, this being an adjustment caused by
the Supreme Court decision in the Perkins case.
On motion by Mr. Fisher, Check No. 1-001683, dated December 28, 1973, in the amount
of $7.45, payable to William C. Brown Company Publishers, returned and marked 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, Wheeler and Wood.
NAYS: None, ~
Claim against the Dog Tax Fund was received from Ralph Hudson for one (1) pig ~
killed by dogs on February 25, 1974. On motion by Mr. Henley, seconded by Mr. Thacker,
Mr. Hudson was allowed $25.00 for this claim. The motion carried by the following
recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Claim against the Dog Tax Fund was received from W. G. Dickie, Chiswell Farm, for two
(2) lambs and one (1) ewe killed by dogs on February 25, 1974. On motion by Mr. Henley,
seconded by Mr. Carwile, Mr. Dickie was allowed $60.00 for this claim. The motion
carried by the following recorded vOte:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Mr. Fisher offered motion~to appoint Miss Sylvia Lea Culp as a member of the Thomas ~
Jefferson Planning District Commission's Drug Abuse Council, for one year from this
date. Miss Culp was recommended for this appointment by Student Council of the University
of Vi=ginia. Mr. Fisher's motionwas seconded by Mr. Carwile and carried by the following
recorded vote: ~
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. m~_~
NAYS: None.
3-21-74
115
Mr. Fisher said he had sent a memorandum to the Board members concerning
performance bonds versus certificates of occupancy. This is a continuation of the
staff request for new legislation, Which was unsuccessful in Richmond. Also included
was a copy of an opinion of the County Attorney and the County Planner as to what .might
be done 'under the existing laws to solve this problem without State legislation. He
.requested that the Board members review this material to see if the Board should take
action to start this as a change in the existing ordinances or whether theBoard would
like to wait and instruct the Planning Commission to consider this in the new ordinance
or whether the matter should ~be dropped. He felt this should be placed on the agenda
for discussion.
At 2:05 P.M., the Chairman requested that this meeting be adjourned until 7:30 P.M.,
Monday, March 25, 1974, for anothe=' work session on the 1974-75 budget. Motion to this
effect was offered by Mr. Carwile, seconded by Mr. Wood and carried by the following
recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Chairman