HomeMy WebLinkAbout1974-04-184-18-74
171
A regular meeting of the Board of Supervisors of Albemarle County, Virginia,
was held on April 18, 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.
Absent: None.
Officers present: County Executive and County Attorney.
The meeting opened with The Lord's Prayer, led by Mr. Wheeler.
On motion by Mr. Thacker, seconded by Mr. Fisher, the minutes of the meetings of
February 13 (night), February 19 and February 21, 1974, were approved with the following
'additions and corrections: Page 4, middle of page, on the vote for Ferrell Smith, ZMP-292,
no motion is indicated in the minutes, the motion was to defer. Page 7, 2/3 down page,
on the motion for Mr. Snead, add to the end of the sentence, "whichever occurs first"
Page 12, the top of the page, name should be Stevenson instead of Stevens. Page 33, at
the bottom on the page, change the word "construction" to "structural" work. The fore~
going motion carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
ABSENT: Mr. Carwile.
Mr. D~ B. Hope, District Highway Engineer, from the Culpeper office,was present.. He
said that for some time the Highway Department has been studying proposed routes for
Route 637. They have held two public hearings. The first route designated as "A" is
'estimated to cost $224,000, the second route "B" $238,000, and a combination of "A" and
"B", $236,000. There was quite a lot of opposition to both "A" and "B". Also, county
staff appeared and requested that consideration be given to raising the elevation abo~e
560' because of a water reservoir. The Highway Department drew a third line which pu%
the elevation above 560'. Now, he understands that plans have been scrapped for a
reservoir in this area although it still shows on the county's land use plan. A third
line, "C" creates a small hazard because of its proximity to the railroad tract. This
line would cost approximately $285,000. Mr. Hope said this project was instigated when
General Electric had planned to move into this section of the County. Since G.E. did
not move into the County and the land has since been purchased by a private citizen, the
highway department now questions the need for reconstruction of Route 637. The traffic
on this road has not increased appreciably since 1968 and the Highway Department feels
there are more drastic needs elsewhere in the County.
Mr. Fisher said this matter has been the subject of a verbal controversy since 1971.
Mr. Hope said the Highway Department had received no testimony at the public hearings
which indicates the citizens want this road upgraded. They have opposed just about every
idea presented. Mr. Fisher said he did not preceive that at the last public hearing.
There were q~ite a few people in attendance who were interested in the project. He felt
the last route presented was fairly well accepted by the citizens. As for the last route
172
4-18-74
y~oposed, known as "D",~.he said he has no way to comment on that one. He said the
Board had requested that these proceedings continue since they felt there was a need for
this project. However, the Board may have different feelings now. Mr. Hope said the
qurestion of the reservoir will have to be resolved if any line except "C" is used. Mr.
Fisher said this was a recommendation from Soil Conservation Service. Mr. Batchelor said
that since the Rivanna Authority was formed, the only thing the reservoir would make is
a nice recreational facility, but he did not believe the County can afford the land.
Mr. Fisher said he thought the purpose of the dam was for flood control measures. Mr.
Bob Warner said initially it was expected to be for a combination of water impoundment and
flood control. Mr. Batchelor did not think this will be recommended in the update oX
the master plan.
Mr. Wheeler asked if there are other projects in the County which have equal priority.
Mr. Warner said he had not given this any thoFght but there are a lot of gravel roads
that carry as much traffic as Route 637. Mr. Wheeler asked if this money would be taken
from the County's secondary funds. Mr. Warner said yes. Mr. Hope said they did not expect
a decision today, but wanted to tell the Board that the Highway Department n9 longer feels
there is a need for this project.
Mr. Fisher said development is likely to occur around the 1-64 interchange and he
said it would be wise for the Board to talk to some of the landowners to see if they
could determine their plans before reducing priority on this project. Mr. Wheeler said
the Board should have a work session on secondary road funds within the next 30 days.
He said if a decision is made to not continue with this project that would be fine, but
if the Board decides to go ahead, one route will have to be picked out and the Board
proceed. He said it is not fair to the rest of the county to keep on studying this
matter.
Mr. Wood asked if the amount of money spent to date obligated the Board in any way
to proceed with this project. Mr. Hope said this was just a planning process which he felt
was worthwhile. If G.E. had moved into this part of the County, the road would have been
completed long ago. Mr. Wheeler said in the next few months, the Board will be studying
the community cluster of Ivy and Keswick and the roads around those clusters-. Mr. Warner
said there is also, in the Ivy area, the proposed Peacock Hill Subdivision and there should
be some consideration given to the general area. Mr. Wheeler said the Board would notify
the Highway Department of their priorities in this matter.
Mr. Hope said he would also like to d~_~S~s~.street lighting policy. This is generally
divided into two categories; 1) roadway lighting and 2)security lighting. Security
lighting can be installed where a road has less than 100~ v.t.p.d, and a speed limit
of 45 m.p.h, or less. Any thing over this is considered roadway lighting and must meet
the American Standards for Practice for Roadway Lighting. For security-Zighting, ~he
mounting height is simple. About the only requirements are lighting height and location.
If security lighting gets above a certain illumination, it is then considered as roadway
lighting and generally follows that policy.
4-18-74
Mr. Batchelor said, in the past, it had been the County's policy that if a
citizen wanted a street light, he got a petition signed and the street light was
installed if it was not too close to the road. About a year ago, word came from the
Highway Department that a street light plan must be submitted for an entire area and
all the lights installed at one time. Mr. Warner said he felt Mr~ Batchelor was
referring to a situation at Jefferson Village. They had sent in a plan for the entire
subdivision ~..hef~re t~s new policy came out, however, now the Highway Department feels
their proposal will be in line with present policy.
Mr. Hope said if an individual wants to install a lamp on the right-of-way in front
of his home, he can get a permit if the lamp meets requirements, or the_County can
obtain that permit. Mr. Batdhelor said the County could not do this a year ago. Mr.
Warner said at that time the Highway Department was requiring that these lamps meet
street lighting standards, now they are talking about lower mounting heights and
different types of fixtures. Mr. Wheeler asked if a'-~ subdivision needed twelve lights
and could only afford four, if these four could be installed and the remainder be
installed at a later time. Mr. Warner said he could see no problem with this, however,
it is desirable to get the plans approved first. When there is a permit issued, there
is a time limit.
Mr. Wood said in an area such as Northfields-Carrsbrook-Westmoreland they would
and
like to develop a master plan and get it approved~ /as they need lights install these
one by one and not have to wait for an engineer to come from Culpeper to inspect just
one ~light. Mr. Warner said they approved several of the colonial type fixtures for
Carrsbrook in the last six months.
Mr. Batchelor said there is a safety factor at the envrance to Carrsbrook. Several
years ago there was a light at the entrance but this had to be taken down because it
did not comply with regulations. He said ~ are working at odds when we cannot put a
light up to identify tum~fs. Mr. Hope said Carrsbrook has an advance warning sign.
is
Mr. Batchelor said it/better now that there is a deceleration~ane, but in the outer
be
parts of the counvy it would/better to have ailight to identify a turn-off. M~Wheeler
said he would like to have a report on this from the Highway Safety Commission.
Mr. Thacker asked if anything has been done on a request for street~lights in the
Porter's precinct. Mr. Batchelor said ha was not sure but would check on the matter.
Mr. Wood again asked about improvements to the SPCA road. ~Mr. Warner said this
has been graded and the highway department hopes to start putting stone on this road
the first of next week.
Mr. Wood asked about the road coming from Route 29 around to Albemarle High
School. Mr. Warner said they have planned to reshape th~s road back as far as Hydraulic.
Mr. Thacker asked the status of the Industrial Access Fund request. Mr. Warner
said this has been submitted to the State. It was sent back to get further information
from Stromberg-Carlson and they are no~ in the process of clarifying some of their
employee figures and capital costs.
4-18-74
Mr. Thacker asked the status of the work on the other roads involved in this
request, Commonwealth, Greenbrier and Wakefield. Mr. Warner said he felt this all
hi~g~on the industrial access fund request being approved. However, they are pro-
ceeding with development of plans.
Mr. Thacker asked abouttthe road through Hollymead which crosses the dam and
goes on to Proffit Road. He asked if plans have been submitted to the Highway Department
for approval. Mr. Warner said they have received some plans. Mr. Thicker asked if this
matter has been deferred by the Highway Department until the situation wi~h the dam
is resolved. Mr. Warner said yes.
Mr. Carwile asked if the Highway Department has any plans to build sidewelks when
they install the new By-pass ramp at Barracks Road. Mr. Warner said they are not in
the plans at the moment. Mr. Carwile asked if there is room for this installation.
Mr. Warner said yes. Mr. Carwile asked that Mr. Warner check further into the matter
and notify him of his findings. Mr.~,Warner said the bids on the proje~ct were opened
yesterday and the estimated cost i~ two and one-half million dollars.
Mr. Henley again asked about a sign for the Yancey's Mill exit of 1-64. Mr. Warner
said there have been many requests because brochures have been printed by numerous
people showing this as the Yancey's Mi%l exit. The Highway Department is still studying
the matter.
Mr. Henley said the Greencroft Club on Route 250 has recently installed lighting
at their entrance. He asked that the Highway Department check this~ since it throws a
bright light into the eastbound lane.
Mr. Fisher asked if the Highway Department was satisifed with the rights of way
the County has obtained for a new addition at North Garden. Mr. Warner said if the
telephone cable could be moved out oH the way~ they are ready to proceed with construction.
Mr. Fisher said the County is also working on this.
Mr. Wheeler asked about Route 740. Mr. Warner said the Highway Department hopes
to proceed with this next week.
(Mr. Carwite abstained during discussion of the following matter). Mr. Russell
Mooney was again present to complain about soil erosion onto his property from Hollymead.
He said a year ago he had come to the Board and requested an extension because Mr.
Aubrey Huffman and Dr. Hurt had been out and looked at the damage and told him it would
be fixed right away. He wrote a letter to Mr. Batchelor and Mr. Jim Hill came~and
looked at the damage. He then received a letter from Dr. Butt that said th~ damage
would be fixed in thirty days. He went out to survey the damage last night and nothing
has been done. Mr. Mooney asked if he is entitled to any protection from the County or
if this is all his problem.
Mr. Wheeler asked Mr. Humphrey if there are any violations of county ordinances.
Mr. Humphrey said no, as he had stated in March, 1973, due to heavy rains in the latter
part of 1972 and the first part of 1973, a debris basis was washed out and this caused
4-18-74
silting of the bottom land along a creek onto Mr. Mooney's property as well as Hollymead.
It also damaged Mr. Mooney's fence. The debris basin has been replaced and is still in
place. Mr. Humphrey said he viewed the site with Mr. Anderson of Soil Conservation Service
on yesterday. There have been remedial measures made~ however, there is still a problem
with two debris basins at the upper end of the lake. It was agreed at the Board meeting
on May 17, 1973, that Dr. Hurt would replace the fence, clean aut'~a~dito, h and lower the
lakek~ ,Impoundment Of~tHe upper debris basin has been cut to decrease the flow of water.
was ing
The natural stream/flow/ through from one to three feet of silt. This has been eliminated
for the present. What'has no~ been accomplished is the repair of the fence and rechanneling
Of the stream so that it will not flow back onto Mr. Mooney's property. Mr. Humphrey said
he and Mr. Anderson had estimated approximately 150 yards of fence involved.
Mr. Wheeler asked if this violated any of the County's ordinances. Mr. Humphrey said
no. The debris basin was installed as ~recommended by the County but was washed out by
nature. It was replaced, however, it did cause damage to Mr. Mooney. He knew of no
authority the County would have in the matter except to cause the correction through a
request. Everything has been done as required by the County. Mr. Mooney asked if Mr.
Humphrey had visited the site recently. Mr. Humphrey said he visited the site yesterday.
Mr. Mooney said Mr. Anderson had told him that the debris basis was not constructed
correctly. Mr. Humphrey said Mr. Anderson sa~idhe did not remember making that statement.
He was referring to another area. Mr. Mooney asked if Mr. Anderson could be present to
discuss this matter. There are not inches of silt, but several feet. Mr. Humphrey said
he and Mr. Anderson had checked this and estimated the silt to be about two feet~-deep.
Mr. Henley asked if the fence had been down for a year. Mr. Mooney said yes.
Mr. Wheeler said if the County does not have any ordinance under which they can take
action, Mr. Mooney has every right to take action in court. Mr. Wheeler asked if Mr.
Humphrey had checked this with the County Attorney. Mr. Humphrey said no.
Mr. Thacker asked Mr. Humphrey if the situation (indicated in photographs Mr. Mooney
had shown the Board) was in compliance with County ordinances. Mr. Humphrey said at
the time the photographs were taken the debris basin had just washed out. Mr. Thacker
asked if erosion is still taking place. Mr. Humphrey said no. There is a permanent
debris basin in place. There needs to be some backfill around the pipe,~ however, the
debris basin is now retaining the silt. Mr. Thacker suggested that Mr, Humphrey confer
with the County Attorney and report back to the Board. He said if an adjoining property
owner can have this amount of silt dumped onto his property, the County 'has a poor
Soil Erosion Ordinance and perhaps the Board should consider changing same.
Mr. Wheeler said there are streams throughout the County which wash over from one
property to the other. Mr. Mooney said this was a man-made problem. Mr. Jim Hill was
present. He said he had talked to Mr. Mooney and told him that the problem ~f,~°~dtaken
care of. Dr. Hurt has men working on the YMCA pool at Hollymead and as soon as that is
complete, they will proceed with repairs on Mr. Mooney's property.
a-i8274
:L76
Mr. Wheeler said he would like to make one comment on a letter received from Mr.
Mooney. He said this Board will carry out the ordinances of this County, the State and
the Federal government. The grand jury was mentioned in the letter. He said he encouraged
Mr. Mooney or any citizen who ~d!~s they have something to report to the grand jury to do
SO.
Mr. James E. Samsell was present to request that the lottery permit issued to the
East Rivanna Volunteer Fire Company be extended for one year f.rom this date and tha~ they
be allowed to play games one day per week. Motion to this effect was offered by Mr. Wood,
seconded by Mr. Henley and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Communication was received from the Crozet Volunteer Fire Company asking that lottery
permit issued to them be extended for one year from this date and that they be allowed
to play games one day per week. Motion to approve this request was made by Mr. Henley,
seconded by Mr. Carwile and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
The next item before the Board was discussion of a Fire Prevention Code. Mr. Hartwelt
Clarke was present. He said the County employs a full-time fire marshall who is highlY
trained. There is a need to establish a code by which he can inspect. Mr. Thacker asked
if adoption of such a code would preclude inspections by the volunteer fire company if
they had trained personnel. Mr. Clarke said no. This will only set up standards for
handling materials and he recommended the BOCA Code since it ties in better with the
BOCA Building Code which the Board has already adopted.
Mr. James Samsell and Mr. Randy Wade both spoke in favor of adopting this code.
Motion was offered by Mr. Thacker to .advertise for a public hearing on May 16, 1974,
at 10:00 A.M. in the Board Room of the County Office Building, a proposed Fire Prevention
Code. 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. Randy Wade was present to request that the Board issue him three building permits
for lots in West Leigh Subdivision. Mr. Ray Jones was present and read the following
communication from the County Engineer:
".April 16, 1974
Memo To: Mr. Ray B. Jones
From: Mr. J. Harvey Bailey
Progress Report, West Leigh-Stillhouse Moun~'~ Water Line
Subject:
Mr. Ashley Williams and I visited the work today and talked with Mr. A1 Dwyer.
He thinks that' t'he pZpe ins. tallation will be completed within a week, since
the contractor is working on the last 100 ~feet of rock they know about and there
is less than 200 feet of pipe left to lay, plus some fittings and a blow-off
assembly. The line should be ready for testing by the end of next week.
. . When the line can be
put in service will depend on what trouble crops up mn the~testing. The clean
up and seeding can follow.
"By my calculation, the contract will run to July 8, 1974. The contractor is
still ahead of schedule. He should be able to turn over the pipe by June 1. He
will need a few weeks for clean up."
Mr. Fisher said he talked with Mr. Jones and since the contractor_is ahead of and
schedule he feels this is a reasonable request / he did not feel that Mr. Wade should
have to put up front money against the cost of hauling water. However, he asked if
Mr. Wade would be willing to pay a hi~her water rate in the event the line is not working
in August and water must be hauled.
Mr. Jones said it had not been mentioned, but over one-fourth of the line has
already been tested and they have cleared over 5,000 feet.
Mr. Wade asked what Mr. Fisher meant by a higher ~ra%e. Mr. Fisher said the rate on
the previous permit was $10.00 a thousand gallons instead of $1.60. Mr. Wade said he
would agree to this even though he felt that if anything happened, it would not be his
fault or the fault of any of his purchasers. Mr. Fisher then offered motion to grant
Mr. Wade building permits for three lots in West Leigh described as follows: Lot 18,
Section 1, at the terminus of Cumberland Road; Lot 18, Section 3 and Lot 24, Section
3, both on Devonshire Road. 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.
The Board continued with a discussion of the Business License Tax Ordinance as it
applies to home occupations. Mr. Fisher said it has been brought to %his attention that
there are a number of people holding part-time jobs in a service nature such as piano,
voice and violin teachers. Basically, they fill a need not filled by the public school
system. They are being taxe4 under this ordinance and he had asked Mr. Jones to explain
to the Board the policy used when an occupation is not specifically spelled out in the
ordinance.
Mr. Ray Jones said the ordinance adopted by the Board imposes a license tax on
all occupations. Occhpations such as piano, voice and violin teachers are not mentioned,
but are lncluded in Section 52 under "other personal service occupations" There is no
tax payable unless the person receives gross recelpts of $500.00 or more, but he is
obligated to report such receipts to the Director of Finance. The Department of Finance
is now requesting from~the State Department of Taxation, business schedules and if that
schedule shows gross receipts in excess of $500.00, an office assessment is made and
the party involved is notified~.
Mr. Fisher said his purpose in asking Mr. Jones to explain was to make the Board
aware and he wondered if teachers should be included as one of the specific categories
mentioned in Section 52. Mr. Wheeler said he felt the way the County is handling this
ordinance is fair to everyone.
278
4-18-74
The next item before the Board was a..req~est, to~:make an ad~j. us. tmen~ in t-he estimated
revenue on the monthly financial report. Mr. Jones said he had computed this adjustment
at $~005,412~12.. He said this was caused by the Supreme Court decision. On April 26,
the County will receive a print-out from Acme and checks will be made for refunds after
verifying the amounts .... This will represent overpayments on 1973 real estate taxes. This
will reduce the actual receipts expected. I~ this adjustment is made, the Bookkeeping
Department will be able to give a monthly report on the percentage of tax collections.
Motion was offered by Mr. Carwile to approve the request. 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.
Offer was received from Mr. Claude Cotton to purchase the Woodbrook well lot in the
undeveloped portion of Section 10 for $1,650. It was the general concensus of the Board
that this matter be deferred until a proHer appraisal of the property can be made.
Motion was offered by Mr. Thacker to approve writing off the balance of the Over
and Short Account in the amount of $73.8'9; this shortage caused by an audit adjustment
to taxes. The motion was seconded by Mr. Wood and carried by the following recorded vote:
AYES: Messrs. Carwite, Fisher, Henley, Thacker, Wheeler' ~nd Wood.
NAYS: None.
Report was due from the committee appointed to study landfill operations. Mr. Fisher
said the only thing to report was that the operator had agreed to continue on a month
to month basis without a contract.
Motion was offered by Mr. Thacker to advertise for a public hearing on May 16, 1974,
at 10:15 A.M., amendment to the Joint Airport Commission Ordinance. The motion was
seconded by Mr. Wood and carried by the following recorded vote:
AYES: Messrs. Carwile, Henley, Thacker, Wheeler and Wood.
NAYS: None.
ABSENT: Mr. Fisher.
Mr. Robert Sampson was present to get a clarification from the Board on the duties
of the Parks Committee. He said the committee has looked at projects for Totier Creek
and the Hatton Ferry and will be prepared to make a report to the Board Within two months.
They need further instructions about long range planning. They do not want to spend their
time without' some commitment from the Board. He said the committee has received severaI
reques~for tennis courts and they are investigating the matter of installing four tennis
courts at Chris Green Lake. Mr. Batchelor said if the County wants to apply for money from
the Virginia Commission on Outdoor Recreation they may need to accelerate studies in
certain are~. It was the general concensus that the Board needed a work session with
the Parks Committee. Motion was offered by Mr. Fisher to hold a meeting with the Parks
Committee on May 8, 1974, at 4:00 P.M. The motion was seconded by Mr. Carwile and
carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Wheeler, and Wood.
NAYS: None.
~BSENT: Mr. Thacker.
4-18-74
17'9
motion'by ~r'~'"~Carw~'e, ~seao~ded~by'Mr~ WOOd~'the~z'Chairman was authorized to
sign the following easement:
THIS DEED OF EXCHANGE made this 18th day of March, 1974, by and
between Elizabeth Brown Wheeler, widow, party-of the first part, the
County of Albemarle, party of the second part, William H. Grimm and
Blake B. Wood, Trustees, parties of the third part, and Charlottesville
Savings and Loan Association, party of the fourth part,
WI TNES SE TH :
In consideration of the easement hereinafter granted by party of
the second part to the party of the first part, the party of the first
part hereby Grants, Bargains and Conveys WITH GENERAL WARRANTY AND
ENGLISH COVENANTS OF TITLE unto the party of the second part that certain
strip .or land situated in the City of Charlottesville, Virginia, fronting
on the north margin of East High Street, more particularly described by
reference to plat of the Office of the County Engineer, Albemarle County,
Virginia, dated March !, 1972, attached hereto and made a part of this deed,
said strip to become a part of the property of the party of the second part
shown on said plat and described as "15 foot alley". The property hereby
conveyed is more particularly described as follows:
Beginning at an iron on the North margin of East High
Street on the property shown on said plat of Elizabeth
Brown Wheeler, corner to the alley shown on said plat,
thence with the easterly margin of said alley N 26o12'
50" East 155.81 feet to an iron; thence N 60°30'10''
West 5.00 feet to an iron; thence S 26o12'50" West
155.95 feet to an iron on the north margin of East High
Street; thence S62°15'00'' East five feet to point of
beginning.
Said property is a portion of the property conveyed to the party of the
first part by deed of Anne B. Ergenbright and Lewis A. Martin, Jr., Executors
of the Estate of Jennie I. Payne, dated September 25, ~973, recorded in
said Clerk's Office in Deed Book 351 page 134.
The party of the first part reserves for the benefit of the property
shown on the aforementioned plat of Elizabeth Brown Wheeler a non-exclusive
easement for the purpose of ingress and egress over the property hereby
conveyed.
And said parties of the third part, Trustees under a deed of trust
from said party of the first part, dated September 28, 1973, securing
$32,000.00, recorded in said Clerk's Office in Deed Book 351 page 138, by
and at the direction of the party of the fourth part, holder of the bond
thereby secured, as evidenced by its signature hereto, hereby Grant
and Release WITH SPECIAL WARRANTY OF TITLE unto said party of the second
part the heretofore described property free and discharged from the lien
of said deed of trust, but in all other respects said deed of trust shall
remain in full force and effect.
The party of the second part hereby Grants WITH GENERAL WARRANTY OF
TITLE unto the party of the first part a non-exclusive easement for the
purpose of ingress and egress over that certain strip of land designated
on the aforementioned plat as "15' alley", said alley extending from the
north margin of East High Street to a point 13.75 feet from the northern
margin of the strip of land hereby conveyed to the party of the second
part by the party of the first part.
This conveyance is made pursuant to a reso!etion of the Board of
Supervisors for the County of Albemarle duly adopted at a regular meeting
of said Board at which a quorum was present.
WITNESS the following signatues and seals.
Elizabeth Brown Wheeler (SEAL)
ATTEST:
Lettie E. Neher
COUNTY OF ALBEMARLE
By: Gordon L. Wheeler
Clerk Chairman
William H. Grimm (SEAL)
Trustee
Blake B. Woodson, Trustee (SEAL)
CHARLOTTESVILLE SAVINGS AND LOAN
ASSOCIATION
By: William H. Grimm
4-18-74
The foregoing motion carried_h~ath'ej'fotlowing recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Wheeler and Wood.
NAYS: None.
ABSENT: Mr. Thacker.
Sta~ments of expenses for the Director of Finance, the Sheriff's Office, and the
Office of the Commonwealth's Attorney for the month of March, 1974, were presented.
Motion was offered by Mr. Wood to approve thase statements. 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.
Statements of expenses incurred in the operation of the County Jail for the month
of March, 1974, were presented. Also presented was statement of the Jail Physician in
the amount of $68.00. On motion by Mr. Wood, seconded b~ Mr. Thacker, these statements
were approved as presented. The motion c-arried 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 February, 1974, was received as
information.
In accordance with Virginia Code Sections 63-67.1 and 63-67.2, reports of the
Department of Social Services for the months of January and February, 1974, were presented.,~
Claim against the Dog Fund from John Monroe for one (1) pig killed by dogs on ~
March 27, 1974, was received. On motion by Mr. Henley, seconded by Mr. Fisher, Mr. Monroe
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 Wayne. Henry Batten for one (1)
imp6rted black ram killed by dogs on March 30, 1974. On motion by Mr. Henley, seconded
by Mr. Carwile, Mr. Batten was allowed $50.00 for this claim. The motion carried by the
following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
The next item before the Board was discussion of Virginia Code Section 24.1-8-8,
Title 24.1, Chapter 6, .Article 3, which allows any county to provide for biennial,election ~
of Board members to four-year terms. Mr. St. John said if the Board wishes to do this
adopting a
it can be done by/resolution. Mr. Fisher said he had questioned the procedures by Which
this would be done because he thought action must be taken by a certain date in order
for this to be effective in 1975. Mr. Wheeler said if it is the desire of the Board -~
to make this change, they should go ahead and take action at this time. Mr. Wood said ~
it is the Board's desire. They had asked for this legislation to be enacted. Mr. St;
John said he could find no requirement in the Code for action to be taken a year in
advance. Mr. Carwile said the requirement for action to be taken a year in advance
4-18-74
181
is only pertinent if the Board chooses to make this change through a referendum. Mr.
Thacker said passage of a resolution would be much cheaper. Mr. Wheeler said this
should be placed on the agenda for a public hearing. Mr. Fisher said unless the matter
is discussed in public, the citizens will come in next year and want to know why the
Board chose to take such action. Mr. Thacker offered motion to advertise this matter
for a public hearing for May 8, 1974, at 7:30 P.M., in the Albemarle County Courthouse.
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 submitted the name of Mr. Franklin D. Brown, President of Cavalier
Country Bank, to be appointed as a member of the Economic Development Commission. Motion
to this effect was offered by Mr. Wood, seoonded by Mr. Thacker and carried by the
following recorded vote:
AYES' Messrs. Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
ABSTAINING: Mr. Carwile.
The Board passed over an appointment to the Equalization Board.
Motion was offered by Mr. Fisher, seconded by Mr. Carwile to appoint the following
persons to the Historic Landmarks Committee: Mr. Charles Smith, a real estate broker;
Mr. Floyd Johnson~ an architect, Mr. Junius Fishburne, Sr., interested in preservation
of historic architecture; and Mr. Francis Duke, member at large. The motion carried by
the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Mr. Fisher offered motion to adopt the following resolution:
WHEREAS, the City of Charlottesville and County of Albemarle have
heretofore entered into an agreement for the construction of the joint
security complex now nearing completion; and
WHEREAS, it is the intent of the governing bodies that said security
complex be Operated and administered as a regional jail facility as
authorized by the provisions of Chapter 7.1 of Title 53 of the Code of
Virginia;
NOW, Ti
Charlottesv
that there
which shall
53-206.3 of
upon such b
be composed
Charlottesv
to be appoi
to be appoi
the City an
governing b
[EREFORE, BE IT RESOLVED by the Council of the City of
[lle and the Board of Supervisors of the County of Albemarle
}e created the Charlottesville-Albemarle Regional Jail Board
administer and operate the regional jail pursuant to Section
the Code of Virginia, and which shall have ail powers Conferred
}ards by Chapter 7.1 of Title 53 of such code; such board to
of seven members, including the sheriffs of the City of
[lle and County of Albemarle, one member of City Council
~ted by the Council, one member of the Board of Supervisors
~ted by the Board of Supervisors, one private citizen from
one from the County, to be appointed by the respective
dies and one additional private citizen to be appointed
jointly by she governing bodies.
AND BE IT FURTHER RESOLVED that the Council and Board of Supervisors
hereby sign}fy their intention to enter into such additional contractural
agreements ~nd to make such amendments to their respective codes or
ordinances ~s may be necessary to enable the regional jail to be
operated and administere{~he manner herein described.
in
i82
4-18-74
Mr. Fisher's motion was seconded by Mr. Wood.
say about this resolution, but would wait until after the vote.
by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wood.
NAYS: Mr. Wheeler
Mr. Wheeler said he had something to
The motion carried
Mr. Wheeler said there have been numerous discussions about the operation of the
new jail facility and he feels that this is the reasonable way to operate the jail.
However, he said the two sheriffs have done an outstanding job over the years in ~
serving the community and through loyalty to these men he-felt they should have been
given a chance to operate the new complex.
A lease from General Services Administration for 690 sq. ft. of space in the County
Office Building used by Soil Conservation Service was presented to the Board. Mr. Batchelor
recommended against renewal of the lease since this space is needed by the Clerk of the
Circuit Court. He suggested that the staff be allowed to find other space for Soil
Conservation within the County complex.
Mr. Carwile said he has received a letter from Mrs. Shelby Marshall about her needs
for additional space. He has talked with Mr. Thacker and they hope to have a recommendation
in the near future.
Mr. Wheeler said the School Board will meets.on April 22, 1974, at 7:30 P.M. to review
the preliminary plans for the western Albemarle County high school. They have issued a ~
special invitation to the Board of Supervisors asking that the Board attend this meeting. ~
Mr. Batchelor said he talked to Mr. Harry Frazier, bonding attorney, about the
school bonding authorities. He has also talked with Mr. Clarence McClure. They feel
it would be wise to wait until the next calendar year before issuing the $6.5 million
in school bonds.
Mr. St. John said the court has recently ruled for Mrs. Shelby Marshall in her case
against the County Board of Supervisors. The Court has ruled that in the future Mrs.
Marshall will be paid on a basis determined by the State Compensation Board. Mr. St. John
felt the Judge's decision was well reasoned, complete and in depth. However, this is
a matter which should be appealed so that it can be decided by the highest court. He said
in the future this same type of case may come before other localities and it would be
best to have the decision]~fpealed at this time. It will not be of great cost to the
County. Mr. Batchelor asked if the Board had taken any action on the first case concerning
the salaries of Mrs. Marshall's deputies. Mr. St. John said the Board is not on record
on either case. There were two separate cases. It is the Board's decision as to whether
or not they want to implement the trial court's decision on timing of the Clerk's pay
and the pay of her deputies. Mr. Wheeler felt it would be best to instruct the County ~
Attorney to appeal both cases and to wait for a decision on both cases before implementing
the lower court's decision. Mr. Carwile offered motion to instruct the County Attorney to
file an appeal on both of these cases. The motion was seconded by Mr. Thacker and carried
4-i8-74
i83
by the following recorded vote::
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
Mr. Carwile said the Board had discussed, some 18 ~months ago, the possibility of
a cable television franchise ordinance. Mr. Batchelor said the County Attorney has had
an extremely busY schedule and has been unable to begin work on this ordinance. He
suggested that Miss Page Godsay begin working on such an ordinance.
Motion was offered by Mr. Fisher to adopt the following resolution:
BE IT RESOLVED that the Board of Supervisors of Albemarle County,
Virginia, does hereby lay the County levy for the year 1974 for General
County Purposes at Seven Dollars and Forty Cents ($7.40) on every One
Hundred Dollars worth of assessed value of real estate and personal
property, and ordera~.~ that the Director of Finance of the County of
Albemarle assess and collect on all taxable real estate and all taxable
personal property, including machinery and tools not assessed as real
estate, used or employed in a manufacturing business, not taxable by
the State on Capital; including Public Service Corporation property
(except the rolling stock of railroads) based upon the assessment fixed
by the State Corporation Commission and certified by it to the Board
of Supervisors both as to location and valuation; and including all
boa~s and watercraft under five tons as set forth in the Code of Virginia;
and all vehicles used as mobile homes or offices as set forth in the
Virginia Code; excluding merchant's capital, farm machinery, farm
tools, farm livestock, and household goods as set forth in the Code
of Virginia, Sections 58-829 and 58-829.1. FURTHER, the Director of
Finance shall make separate classifications of farm machinery, farm
tools and farm livestock.
Mr. Fisher's motion was seconded by Mr. Wood and carried ~y the following recorded
vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Motion was offered by Mr. Fisher authorizing the Clerk to send a letter to the
School Board saying that they are at liberty to send out teacher contracts for the next
fiscal year. 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. Thacker prefaced his vote on the above matter by saying that hopefully the
Board will be able to take a closer look at the County's salary schedule nex~year
and eliminate the discrepancy between the salary of teachers and other County staff.
Motion was offered by Mr. Carwile, seconded by Mr. Wood, to add to the agenda for
May 16, 1974, adoption of the annual appropriation ordinance. The motion carried by
the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
(Mr. Carwile abstained during the fOllowing discUssion). Mr. Wheeler said he had
received a letter from Mr. Robert M. Callaghan who represents Mr. Claude Rainey of the
Southland Corporation. He has asked that the Board reconsider a vote taken on ZMP-285.
4-18-74
Mr. Thacker said there were two petitions presented that night, ZMP-285 and ZMP-290.
The staff had recommended denial of both petitions, but the Planning Co~isszon had recommended
approval of both. He did not understand why the Planning Commission had recommended
approval and the staff was unable to furnish any information on this. For that reason,
he offered motion to suspend the rules of the Board. The motion was seconded by Mr.
Wood and carried by the following recorded vote:
AYES: Messrs. Fisher, Thacker, Wheeler and Wood.
NAYS: Mr. Henley.
ABSTAINING: Mr. Carwile.
Mr. Thacker then offered motion to reconsider ZMP-285 and asked that the Board have
a report from the Planning Commission as to their reasons for recommending approval. Mr.
Wheeler said this should be readvertised for a public hearing at the petitioner's expense.
The motion was seconded by Mr. Wood and carried by the following recorded vote:
AYES: Messrs. Thacker, Wheeler and Wood.
NAYS: Mr. Fisher and Mr. Henley.
ABSTAINING: Mr. Carwile.
Mr. Wheeler said he had received a request to reconsider the leash law for Earlysville
Heights and he would make a report to the Board on this in the near future.
At 11.45 A.M. the Board recessed for lunch.
The Board reconvened at 1:39 P.M.
The Board continued.by hearing comments from the public concerning a proposal to
r~enovate the Levy Opera House as a Juvenile Court facility.
Mr. Maphis requested that the Opera House be restored for its original use so as
to attract tourist trade. Last year, he said, it was reported that the City and County
received $4,197,000 from tourists. The Levy Opera'House would attract more tourists
than a juvenile court. Mr. Maphis said he had contacted Mr. Junius F£shburne,.~ through
Senator Michael, and had been advised that since the Levy Opera House is part of the
Albemarle Courthouse HistOriCal District, it is eligible for 50% matching funds from the
Historic Preservation Actr ..~ of 1966, which is administered by the National Parks Service.
He asked that the Board of Supervisors and City Council put up some money to convert
this building back to an opera house, since it would be self-sustaining. Mr. Maphis said
he did n~ think any organization or person could ask for money to restore the building
unless the Board and Council would say they will allOw this since the building is jointly
owned by the governing bodies.
Mrs. Eliot Clarke gave a ~ort history on how this building became a landmark. The
Levy Opera House is now on the register of historic places. She said that Frederick Hartt,
James Dearing, Marjorie Mitchell, Helen Duke, Mrs. Vinton Valentine, Mrs. David Weiss,
Mrs. T. J. Michie, Jr., .Mrs. James HarriS, Mrs. James Murray, Mr. Daniel J. Van Clief,
and Miss Nancy Hall, ar all interested in restoration.of this building as an opera house.
Many other organization~are also interested: two chapters of the DAR, the Jack Jouett and
Albemarle chapters; the Dogwood Garden Club, the Woman's Club; and several others. Mrs.
4-18,74
Clarke said ~she'had talked to. Mr. Angus Murdock, President of Antiquities~ in Richmond.
Mr. Murdock said the Levy Opera'House is such a monumental structure architecturaIly that
if it is restored! it will ~he the most outstanding neo-classic building in America.
It is so sophisticated in its beauty that most people in the community do not understand
this. The roof and medallion were taken off in 1917. The long windows on each side of
the structure were lost during renovations. Mr. Murdock feels that $350,000 could be
raised if allowed time to do so. Mr. Junius Fishburne has indicated that he could
allow this project matching funds of from $20,000 to $30,000. Before he can make any
- commitment for next year, he would need to know the amount of money needed.
Mrs. Clarke said in the current issue of Preservation News there is an article on
the 19th century theatre and not one has the architectural design of the Levy Opera House.
None has ~a totally documented history and none has the age of this building. It was
built in 1852. In view of these facts, Mr. Murdock had suggested a modified design as
a court building. If restored as a court building, $200,000 could be obtained immediately
from the Department of Police Protection in Washington. The. building could also be
modified for a theatre if equipped with a stage and mobile furniture for that stage.
Mrs. Clarke said there is a need for a meeting house in the downtown area and there is no
place where young people can express themselves creatively.
Miss Helen Duke spoke next. She said that Mr. Murdock had.been contacted and he
responded with a telegram. Mr. James Biddle also sent a telegram saying that the proposal
for restoration of the Levy Opera House had been brought to the ~attention of the National
Trust for Historic Preservation. He feels there is much potential for the restoration
of this building and feels the use of the building for court and office space may be one
solution. However, he urged that careful consideration be given to plans for the building.
Miss Duke said the City spends thousand of dollars on athletic equipment. If the City
had the Levy Opera House as a nucleOus for music, etc., it would be good for the young
people of the City.
Mrs. Betsy Boswell said she is enthustiatic about this project. Charlottesville is
rich in heritage. The Bicentennial will be here and large amounts will be spent by
tourists. She said that in Petersburg a tourist tax on food and lodging had been passed.
From September 1971 through June, 1973, collections of this amounted to ~$550,000. She
begged the Board to think deeply about enacting such a tax.
Mr. James W. Simmons said he can appreciate theproblem with which the Board is faced
and. knows the Board will give it serious consideration before arriving at a decision.
He also felt there is aneed for some place, other than a school building, where young
people can have an opportunity to express themselves properly. He said the building could
be used by a number of performing artists from around the area, chamber concerts, ensemb~les,
forsenic activities, the yearly Bland contest and possibly debates. The use of the building
would be limited only by the imagination of the people using same.
286
4-18-74
Mr. Art Daniels, Director of Court Services, was present, He said the Court is
at a point where they need some type of facility. Their present space is totally
inadequate and they cannot deal professionally with the public in this limited space.
He said the Levy Opera House will only meet the needs of the Juvenile Court and not
that of the domestic relations side of the Court. In the last five years, domestic
relations has opened up 7,000 cases. Mr. Daniels has asked for 13 additional employees
on his probation staff. At the present time, three of his employees are housed in the
Elk's Building on East High Street. In spite of the need for another facility, the Board
and City Council should know that the Levy Opera House will not meet the needs for the
probation side of the Court and if the Levy ms used, there will have to be other space
made available out of that building.
Mr. Wheeler said the Board had discussed this at last week's meeting, during his
absence. He apologized for shirking his duty since there had been some problems among
the Board .members and criticism of City Council. Mr. Wheeler said he was contacted by
the Mayor and discussed this matter with him and the City Manager. He had assured them
that it was agreeable to have this matter placed on Council's agenda. He had left this
information to be sent to the Board and evidently the information was not disseminated. He
said this item was placed on City Council's agenda with his approval and any criticism
should be directed to him.
Mr. Thacker said the information just given by Mr. DanielS to the Board came as a -~1
shock to him since as a member of the committee studying this matter he had not been made
aware that the Levy Opera House would not adequately house the Juvenile and Domestic
Relations Court and related services. He asked Mr. Daniel's his opinion of finding
addition space elsewhere and still using a portion of the Levy for office space, or
abandoning the Levy and moving to a new facility.
Mr. Daniels said the Levy could be used for a court and some probation office space.
Field staff offices and two additional supervisors could be located somewhere else.
He said the files need to be close to the Court and the clerks need to be with the court.
There is also a problem at the present location with parking.
Mr. Thacker said he would comment not as a member of the committee. He has felt
for sometime, and the statements made today have somewhat confirmed his feeling, that the
Levy Opera House would make barely an adequate facility for the purpose for which it
has been proposed. He said the alternative, purchase of land and construction of a new
facility, would be more expensive than what is proposed. He has discussed the idea of
restoring the building to its former use. His information shows that the cost of
restoration to an opera house would cost as much as res~ration for a juvenile court.
The interior would have to be removed. Perhaps an addition to the building would be needed ~
to provide a back stage area, to provide Public toilets and there would be the~ problem of
replacing the balcony. If all of this were accomplished, the House would seat about 300.
Many people do not feel this would be adequate to support a professional touring theatre
group. There is also a problem with local funding. He did not see how the County could
4-18-74
187
fund any portion of this restoration. Some group would be involved with raising
$350,000, assuming that they could obtain Federal matching funds. This would be
difficult and lengthy. The plans as prepared for restoration of the building to a
court facility may leave something to be desired. He understands that in a court of
this type most cases are heard in private and he questions the need for a court room
50' x 26'. Mr. Thacker said he and Mr. Carwile had met with the contractor and architect
this week to discuss these plans. The proposal, as passed on to the Board from City
Council, is to proceed with conversion to a court facility with exclusion of the elevator.
He said this type of restoration work is expensive in nature and not the type to attract
most contractors. Since R. E. Lee & Sons is the low and only bidder, the County Attorney
has gone on record as saying that the Board's options are open. Mr. Thacker did not
think this type of work should be handled on a lump-sum basis and had questioned the
contractor about this. The contractor was hesitant to recommend that the work be handled
on a time and materials basis because it is public work. Mr. Thacker said he felt
R. E. Lee's proposal~and .price is adequate.
Mr. Carwile said the committee was not charged with deciding if the Levy Opera House
should be restored as an opera house or used as a juvenile court facility. They were
charged with working with the City and Judge Zehler and the architect on the restoration
for use as a Juvenile and Domestic Relations Court. He learned about a week ago, for the
first time, that the City had acted upon this matter and that Mr. Daniels did not think
this would be satisfactory as a long-range solution for his staff. However, the Judge
does favor the use of this facility as opposed to construction of a new facility.
Mr. Wheeler said the Board has been charged with providing proper facilities for the
court. The guidelines given were that the facility be in the general vicinity of Court
Square. He said there would be tremendous problems involved with selecting a large piece
of land and erecting a building in this area. He said the Board should face reality.
Not all of the problems will be solved in this one building, but the Board will have. to
solve them ~as they are presented. The problem, at this time, is to provide proper
court facilities. It is only reasonable to think that the two units could be housed
in separate buildings. He said the Board needs to make a decision now.
Mr. Thacker said there is a time limit of April 23 if this facility is to be used
as a juvenile court. He said he is concerned about Mr. Daniels remarks today. Mr.
Daniels may have made these remarks to the committee, but Mr. Thacker said he had
not been informed of any of the committee meetings and he felt that someone has been
lax in. proceeding as far as the Board has proceeded with this facility. He said he is
concerned about the amount of funds which will be spent on a facility that will not be
adequate. He recommended that the committee meet with the architect, the contractor,
the Judge and Mrs. Daniel and City representatives, to investigate the information
received today and report back to the Board on Wednesday night at the next regular
288
meeting of the Board with a firm recommendation. 5Ir~. Thacker then offered motion to
this effect and the motion was seconded by Mr. Carwile.
Mr~ Thacker said this creates a problem because the next meeting of the Board is
on the 24th and the deadline for acceptance of the bid is the 23rd. He said they would
ask for a one-day extension.
Mr. Wood Said he agreed with the motion if the problems can be resolved by Wednesday.
It is obvious from the information received today, and the information he has received in
the past, that the Board is about to do an injustice to the juvenile court and to an
historic landmark, and they would be doing it in a most expensive way and neither would be
adequate. He shares Mr. Wheeler's concern about the juvenile court, but he felt it must be
done in the proper manner. Mr. Wood said he does not feel that the Board will provide a
proper juvenile court is they proceed with the present contract or the present architectural
drawings. He said a lot of county tax dollars wil~ be expended and even if it cost more
he would like to see a proper setting for-a juvenile court. He said a juvenile court
properly working pays for its self. If the court can keep three juveniles off the roles
for the rest or their lives this will save the community many dollars over the years.
He said if the Board is going to Provide a court, they should do it adequately and in the
proper manner and not destroy either the court or the Levy Opera House.
Mr. Fisher said when the building was offered to the City and County, he was concerned
about what the County would do with it if they could not use the building. He understood ·
that the Build±rig could Be returned to the Perry Foundation. He felt the use of the Build/
as a juvenile court would serve a real need in the communit7 and made a considerable amount
of sense. At the t±me this use was proposed, it was felt that the facility would Be adequate
for a number of years without having to consider annexes, But this seems to have changed.
His informat±on shows that 300 seats would Be quite adequate for the purposes proposed.
Mr. Fisher said he was not competent to sa7 that it could be a self-suSta±ning facility.
The question of daytime parking for the juTenile court is a serious problem. The quest±on
of nighttime parking ±s less of a problem and proBaBly lends ±tself to that use Bettor.
In the last few weeks, with the concerns that have arisen about the poss±bilit7 of
rester±rig the opera house to its original use, he has considered how long the build±rig
has Been in existence° He does not feel the Board should Be rushed into making a decision
that could not Be changed for a great period of time. The juTenile court can Be placed
at another location, but the Opera House could not be placed elsewhere. Mr. Fisher said
he would be willing to give the citizens who are interested in restoring the opera house
a chance to raise funds. However, he is not ready to commit any public funds for such
a purpose.
Mr. Henley said he hated to see the Board do something that would be short term.
Hopefully, when spending this amount of money, it would be for a long-term facility.
Mr. Wheeler said the Board does not have time to sit around for mOnths to come to make
a decision on a location for the juvenile court. He felt it would make an adequate
juvenile court. Although the comments heard today indicate that it would not be adequate
4.-18-74
2.89
for the probationary side of the court, this could possibly be handled at another
location.
Mr. Maphis said if the building were returned to the Perry Foundation and it was in
turn given to this group, they could get $75,000 in reciprocal funds from the government,
or the worth of the building.
VOte on Mr. Thacker's motion to defer this matter until April 24, 1974, was taken
at this time and the motiOn passed by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Mr. Robert Sampson was present at the request of several Board members to discuss
the location of the comfort station at Beaver Creek Lake. After a short discussion,
Mr. Wheeler suggested that Mr. Fisher and Mr. Henley look at the proposed site and
bring a report to the Board on Wednesday night.
Mr. Fisher said the staff had requested new legislation for performance bonds for
certain types of dwellings. The legislation did not pass, but out of this has come some
information about seVeral other localtities and the way they handle this for developments
such as apartments and shopping centers. He asked that Mr. Humphrey and Mr. St. John
comment.
Mr. Humphrey said he had been told fha
that is not to be dedicated to public use.
whether it is to be dedicated or not. Mos-
things as storm sewers, etc. are a public
In areas %hat do not have sufficient perso
is used as a method to insure that correct]
that under the general enabling legislatior
that bonding can be required,since it is a
general welfare, particularly when utilitie
opinion that this provision be included in
that he feels it is legal under the genera]
t the County cannot require a bond on anYthing
Other areas have done this irregardless of
public works departments feel that such
ecessity whether or not they are dedicated.
.nel, or are limited by their budget, bonding
ons can be made. He has always contended
of the zoning ordinance, though it is broad,
method to insure the public's safety and
s are involved. It is the Planning Staff's
the ordinance. Mr. Fred Payne has indicated
provisions that are spelled out regarding
elements which can be put in zoning and s~ division ordinances.
that the ordinance be amended to provide f(
lines on site between the buildings and th(
Rivanna Service.Authority and the Albemarl~
another tool is needed, rather than the cea
efficient..
Mr. Fisher said this was not the same
General Assembly whereby everything on the
Under the City's ordinance, if there is sol
of the property wishes to occupy or rent s
a bond on what has not been completed.
Mr. Humphrey said the City's method W
The Staff recommends
~r bonding of storm sewers and other utility
se easements that might be required by the
County Service Authority. Mr. Humphrey said
not
tificate of occupancy which has/been totally
as discussed during the past session of the
site plan must be completed prior to occupancy.
~ething which is not completed, but the owner
~ace, he can do so if he is willing to put up
Ls fairly equitable as opposed to requiring a
190
4-18-74
blanket bond on everything on the site plan a~,~one time. There are lots of~things that
come about after development of the site is under way. In many cases, the developer has
to wait until certain things are completed but this does not prohibit the building from --~
being occupied. If the Board would like to include this provision, it would require
amending the Building Code and the Zoning Ordinance to this effect.
'Mr. Wheeler asked if Mr. Humphrey recommended adding this to the county's ordinances.
Mr. Humphrey said yes. He has indicated that without this provision the Engineering
Department will need additional staff.
Mr. Fisher said Mr. St. John had gone over the City's ordinance and made comments on
the types of bonding he felt should be required and had suggested some changes. In
assessing this with one of the members of the Blue Ridge Homebuilders Association, he had
the
said that/speculative builder cannot get bonds on many things that he is building. Buying
a certificate of deposit in his name and giving· this to the-County as security would be
much cheaper for him because that is the only kind of bond he can provide. He asked if
that is consistent with the kinds of securities Mr Humphrey was talking about. Mr. Humphrey
said this would be like a savings certificate or a deposit in the builders own savings
adcount. Mr. Fisher said these bonds would not be for buildings and would not be huge
amount~ of money. These are for storm sewers and drainage structures. Mr. St. John said
improvements in the ordinance are defined as being of a public nature.
Mr. Wheeler asked if this should be included in the new Zoning Ordinance. Mr.
Humphrey said there is no way to know when the new ordinance will be adopted and it is
desirable to have this provision at this time.
Mr. Carwile asked the staff's present policy when a site plan specifically calls for
an item which cannot be completed. Mr. Humphrey said the staff has stated that the
certificate of occupancy cannot be issued. In one case this was disregarded and the
building occupied. The case is now pending in Court and it has been recognized. Some
other method is needed since that is too harsh.
Mr. Carwile said it would be a good idea to advertise this now and amend the existing
ordinance. This will give the builder some flexibility in coping with problems which are
not always his fault. Mr. Fisher said he did not think it is ready for advertising
since the ordinance has not really been drafted. Mr. Wheeler suggested that the Planning
Commission draft the ordinance and bring it to the Board.
if when an owner employees a contractor and that contract includes
Mr.
Thacker
asked
site work and a performance bond is furnished to the owner to insure that the work will be
completed if any consideration has been given to having that bond assigned to the County
in some way. He said this may not be legal, but it is an aspect that should be investigated.
Mr. Humphrey said he had not considered this, but there are similar provisions in
the Subdivsion Ordinance for road work.
The following resolution was offered ~for adoption by Mr. Thacker:
4-18'74
191
BY RESOLUTION OF INTENT, this Board proposes to amend the Albemarle
County Zoning Ordinance to require bonding for items not completed
on site plans at the time of occupancy and does hereby request the
Planning Commission to hold public hearing and make recommendation to
this Board on said proposed amendment.
The motion was seconded by Mr. Carwile and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
Mr. Wheeler asked Mr. St. John the status of the Subdivision Ordinance. Mr. St. John
said he had talked with the City Attorney recently. The City has suggested some changes
which he agrees with. As soon as the ordinance is returned by the City, it will be
forwarded to the Board for further action.
Motion was offered by Mr. Fisher to adjourn this meeting until 3:30 P.M. on
April 24, 1974, in the Board Room of the County Office Building. The motion was
seconded by Mr. Carwile and carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Carwile, Fisher, Henley, Thacker, and wheeler.
None.
Mr. Wood.
Chairman