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HomeMy WebLinkAbout1974-06-12N303 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on June 12, 1974, at 7:37 P.M. in the Albemarle County Courthouse, Charlottesvi!te, 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 8:00 P.M.) Absent: None. Officers present: County ExeCutive and County Attorney. Mr. Wheeler called the meeting to order. He stated that the Board had discussed with their attorney the order which ~the Circuit Court has issued revelant to the landfill trial. The Board has received a request from the City to hold public hearings on both SP-203 and SP-281. He recommended that the Board set the hearing dates as follows: SP-203, July 30, 1974, 7:30 P.M., Jack Jouett Jr. High School; SP-281, July 31, 1974, 7:30 P.M., Jack Jouett Jr. High School. Motion was offered by Mr. Thacker to advertise for the public hearings on the dates recommended by the Chairman. 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 stated to the press that this complies with the Court Order. The City has requested these hear±ngs and anyone present at same will be allowed to present evidence. The Chairman then called for a public hearing on Revenue Sharing proposals. Notice of this public hearing was advertised in the Daily Progress on May 25 and June 1, 1974. Mr. Ray B. Jones, Assistant Director of Finance, was present. He said the net amount available through the end of June, 1975, from Revenue Sharing Funds, will be $1,826,543. There is a section in the Revenue Sharing Act ~hich states that.-within 24 months of the time the money is received, or the end of the entitle- ment period, an allocation must be used, obligated or appropriated. The County must allocate an additional $40,000 by June 30, 1974, in order to comply with the Act. Ail but $40,000 of the $206,633 received for the first entitlement period has been allocated or obligated in the 1973-74 County budget. 304 Mr. Jones read the following list of items presented tonight for public comment: 1. Wing, County Office Building-Courthouse $ t00,000 2. Renovations-Office of the Clerk'of Circuit Court 10,000 3. Space for Juvenile Court 250,000 4. Fire Station 150,000 5. Fire Station Equipment 200,000 6. Fire Hydrants 25,000 7. Purchase - Ivy Landfill site 200,000 8. Site improvements - Landfill 100,000 9. Bicentennial Util±ty Lines ~20,000 10. Moving of telephone cable 400 11. Low Income Housing Program 2Q,000 12. Purchase of Equipment - Landfill Operation 100,000 13. County Office Building 764,000 14. Improvements - Tot~ier Cr~eek 30,00~ Total $1,969,400 Mr. Wheeler said the Board has received a letter from the Chamber of Commerce in which they state their concern about the use of Revenue Sharing Funds as seed money for projects whose cost may later have to be. borne by local taxpayers in the form of increased taxes. He then opened the floor for comments from the public. Mr. Laurence C. Pettit, Jr., President of the Berkeley Community ~Association presented the following: "The Berkeley Community Association respectfully requests a change im allocation of the General Revenue Sharing Funds to include a sufficient amount of money to provide for recreational facilities in the Berkeley- Westfield area. Adequate space is now available at the unused 23 acre elementary school site on Whitewood Road, within an area of high density development, both existing and proposed. We propose this recreational outlet to meet the needs for open space and recreational requirements for this section of Albemarle County. Initially we would propose relatively low cost improvements consisting of playing fields, bicycle trails and picnic areas. Later improvements could include tennis courts and swimming facilities. The School Board's need for this property has apparently diminished for the foreseeable future and therefore we believe the best intermediate use of this easily accessible property would be for recreation. To further facilitate the easy implementation of this request we suggest use of the serivces of the summer intern landscape architect presently employed by the County Parks Department. If, for some unexplainable reason, the School Board would object to this use, we request that additional funds be made available to acquir~e a similar property in the same vicinity." Next to speak was Mr. Robert Huskey, President of the Georgetown Green Home- owners Association. He said they are in favor of the proposal just presented. This part of the County has Four Seasons, Berkeley, and Georgetown Gr.een with a high concentration of families. They are interested in a recreation area. 6-12-74 (night) Mrs. ~Marcia S. Mashaw presented the following on behalf of the League of Women Voters: "June 12, 1974 To: Board of Supervisors Re: Revenue Sharing Funds As you know, the League is very pleased that you are planning to use $20,000 of the County's Revenue Sharing funds for a low-cost housing program. We supported such a commitment at the Revenue Sharing public hearing in September 1973, and we support it now. In recent years it has become increasingly necessary for local governments to move into the area of housing, and we commend the Board for taking this step. Also, we would like to comment on another item on your "Planned Use Report". It is our underst~anding that the $300,000 under Environmental Protection-is for purchase of the Ivy landfill and needed improvements to the site. In light of Judge Berry's recent decision regarding a city landfill and considering the desirability of a joint city-county operation, we urge you to leave your options open regarding the Ivy site until these other matters have been worked out. Regardless of where the landfill is located, we hope that you will use part of the $300,000 for an analysis of the waste that is received at the site. Such an inventory is necessary to determine the economic feasibility of future solid waste programs, whether they be simple resource recovery efforts or a more sophisticated steam-generating incinerator." Mr. Calvin Moyer, President of the Woodbrook Homeowners Association, said the items relating to fire protection are of the highest priority. Mr. Peter Daly said he works in Greene County on low-income housing and he supports Mr~ Wheeler's proposal. He understands the Chamber's concern, but feels this can be.~.self-supporting and would also provide a way to generate revenue for the County. He asked that the Board also consider running water and sewer lines to properties that may be suitable for such housing. Mrs. Karen Lilleleth said there is a need for low-cost housing. Even though this may not reach the poorest citizens, this may help and she urged the Board to support Mr. Wheeler's suggestion. An unidentified lady asked if the addition to the.Courthouse is a high priority. Mr. Wheeler explained what this additional wing will provide in space. He sa~id that' everyone in the County, of the City, who has an interest in Court -Square has had a say in this matter. Mr. Henley asked how binding these proposals are on the Board. He did not think that some of the items included will ever be accomplished. Mr. Jones said the Revenue Sharing Act states that you must go through the same procedure for expenditure of these funds that is used for all local monies. Mr. Henley said the Board should not do. anything about appropriations for a juvenile court or a fire station until they have received reports from the committees appointed to study and ~make recommendations on these two items. Mrs. Mashaw said there have been several Planned Use Reports published in the last two years and she asked if there are items, not included on the list tonight, which have not been accomplished. Mr. Batchelor said $50,000 was set aside for 3O6 ~-12£~7 4 _('nigHt ) ...... ~-~ purchase of a site for a fire station and this has ~been done. Mr. Carwile said almost the total amount of the first Planned Use Report was based on renova- tions of McIntire School as a county office building. Mr. Wheeler said the schools have not moved out of McIntire, the Board has been unable to get the proper zoning from the City for the use of that property, and it is now included as a low priority item. However, in the next few months the Board will be completing the wing to the Courthouse. The Clerk's Office will be moving and the utility lines for the Bicentennial Commission will be completed. Mr. Wheeler said he' would like for the Board to appropriate the $20,000 needed for the low-income housing program so this can get started. Mr. Carwile offered motion to adopt the following resolution.: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $70,0-00 be, and the same hereby is, appropriated from Revenue Sharing Funds-and $50,000 is transferred to the General Operating-Capital Outlay Fund for renovation and addition to the Courthouse and $20,000 is transferred to the General Operating Fund for a low, income housing project, and expenditure of these funds is hereby approved. The foregoing motion was seconded by Mr. Fisher. Mr. Henley asked how the money for the low-cost housing project would be spent. He said no definite plan has been presented to the Board at this time. Mr. Wood said he wouZd prefer to see a plan before voting to appropriate the money. Mr. Wheeler said there would be a person hired who would go out.in the County and look for land. 'He would work with a committee to be appointed by this Board. This person would probably need a secretary and transportation. Mr. Wheeler said the Board has made this request to other sources of revenue, such as manpower. If that money is obtained, this may not be needed; Mr. Henley asked what happens if~.the money is appropriated and not used. Mr. Batchelor said the Board is not obligated to go ahead with the project and may substitute programs. Mr. Wood said he would like to support the program, but the Board has not been presented with a plan. He felt the Board might be critized for. appropriating money to something that "might happen" He said he will vote for this program at the appropriate time. Mr. Wheeler said this appropriation will be used to hire a man to look for land, hire a secretary and purchase an automobile. How the program will be imple; mented will be decided later. Mr. Wheeler said he feels there is land available in Albemarle County for low-income housing. At the moment there are probably 250 applications pending approval of FHA. Part o~ these applicants could be taken care of if someone could find the land needed. An unidentified gentlemen said the housing foundation has found it necessary to hire a consultant to determine if land is suitable for development, and to pay options to reserve the land. He felt $20,000 would b'e well spent in an investigative program. 3O7 Mr. Daly said this has been his Job for the last two years. Finding the land is tim~-consuming. He said this person might also find sites for small devel,opments and arrange for £inancing through FHA. Mr. Thacker said he is willing to support the program, but feels t~e Board may be premature in appropriating money before seeing more information as to who will be hZred, what the salary of that person will be, and the requirements for setting up this type of program. Mr. Wheeler said this is his recommendation. He has also recommended that a housing board be appointed. Th~ Board would be in charge of hiring this person and would work out a plan for this. Mr. Wheeler said he could see no reason to hesitate. The Board either supports the program or they do not support the program. Mr. Thacker said he would not support the program until he knows what the costs will be. Mr. Wheeler said it could not be more than $20,000. Mr. Thacker said that is true, bu~t it could be less than $20,000. Mr. Wheeler called for a vote on the motion and the motion carried by the following recorded vote: AYES: Messrs. Carwite, Fisher, Henley and Wheeler. NAYS: Mr. Thacker and Mr.. Wood. (Mr. Wood prefaced his vote by stating that he was not voting for the motion because Mr. Wheeler had earlier in the day told him to go out and get some figures and come back~and he felt this same logic should apply here. Mr. Wood said he would vote for the appropriation when the figures are presented and the Bo~ard knows what the County taxpayers are spending their money for.) Mr. Henley asked about the purchase of the Ivy landfill site. Mr. Wheeler said he did not feel the Board is ready to take any action on that matter. Mr. Wheel.er recommended that the request received from the Berkeley Community AssociatZon regarding recreational faci-lities be turned over to the Parks Committee for study. Mr. Wheeler said the Board needm to charge the Fire Station Committee with their duties. He recommended that this committee be invited to the Board meeting of June 20, ~97~, at 4:00 P.M. . (Not.e: Mr. Carwile abstaining during discussion and vote on the following matter.) The next item before the Board was request for approval of Albemarle Square Site Plmn. Mr. Humphrey said this matter had been deferred from May 8, 1974, in order to obtain a report from the State Water Control Board relative to the flow and capacity of the Woodbrook Lagoon. He presented the following communications: 308 "20 May 1974 Mr. Ray B. Jones, Executive Dir.ector Albemarle County Service Authority County Office Building Charlottesville, Virginia 22901 Dear Mr. Jones: Please find attached a tabulation of the Woodbrook Lagoon flow survey performed for the period 5 April-4 May 1974. Comparison of our results for the period 5 April to 30 June to the data submitted by the Rivanna Water and Se'wer Authority for the month of April indicates that the plant's flow recorder may 'be indicating high measurements. In making this comparison, appropriate deletions of our data was made in accordance with those days on which the Authority made no flow measurement. It is apparent that the high flow measurement reported in the special survey of 30-31 October 1973 can be attributed to increased flow during a wet weather period. It should be noted, however, that the certificate limit for the Woodbrook facility is 55,000 gpd as a monthly average. The facility should be closely monitored to assure that addit~ona! loading to the facility does not exceed the 80% and 95% levels referenced in our letter to you on 10 April 1974. For your further information, the special survey of 30'31 October 1973 also indicated BOD5 and suspended solids strength, parameters to be within certificated limits, i.e., 15 mg/1 BOD5. versus a 48 mg/t l~mit and 35 mg/1 ~suspended solids versus a 48 mg/1 limit. Again, as additional loading is placed on the Woodbrook facility, the effluent parameters should be monitored closely to assure certificate limits are not exceeded. If we can be of further assistance in any matter, please feel free to contact us. Very truly yours, (Signed) Larry M. Simmons Pollution Control Engineer State Water Control Board" WOODBROOK LAGOON FLOW SURVEY - APRIL 5 THROHGH MAY 4, 1974 DATE FLOW MGD DAILY RAINFALL - INCHES April 5 .0598 .7 April 6 .0382 .12 April 7 .0346 trace April 8 .0490 0 April 9 .0421 .38 April 10 .0374 0 April 11 .0270 0 April 12 .02Z7 0 April 13 .0277 .03 April 14 .0310 0 April 15 .0252 .32 April 16 .0230 0 April 17 .0230 0 April 18 .0230 0 April 19 .0230 0 April 20 .0227 0 April 21 .0220 0 April 22 .0252 0 April 23 .0270 .24 April 24 .0220 0 April 25 .0205 0 April 26 .0280 0 April 27 .0234 0 April 28 .0245 0 April 29 .0260 0 April 30 .0252 0 May 1 .0227 0 May 2 .0260 0 May 3 .0288 .51 May 4 .0263 0 Average Daily Flow .0287; Maximum Daily Flow .0598; Total Flow for Month .8620 Rainfall from McCormick Observatory at CharlottesVille 309 "June 3, 1974 Memo To: From: Re: Mary Joy White J. Harvey Bailey Woodbrook Sewage Lagoon Pursuant to your request for a clearer description of the con- ditions of operation of the Woodbrook sewage lagoon and the anticipated additional loading from the development of additional lots in Woodbrook plus the development of the Albemarle Square Shopping Center, we submit the attached report. This report is compiled from data appearing in our memos to you, dated April 15 and April 24, 1974, respectively, together with Mr. Larry M. Simmons' letter, dated May 20, 1974, addressed to Ray B. Jones." REPORT ON WOODBROOK SEWAGE LAGOON by Office of the Engineer - Albemarle County, Virginia May 31, 1974 This facility is being affected by the Rlvanna Water and Sewer Authority pursuant to the provisions of'the Four-Party Contract involving the City of' Charlottesville, County of Albemarle, Albemarle County.Service Authority, and-Rivanna Water and Sewer Authority. Conditions of operation are stated in Certificate No 1319, which was issued by the State Water Co~ntrol Board. The greatest single-month f,tow of effluent into the facility, subsequent to the installation of a flow meter, was 34,700 gallons per day, for the month of January 1974. The average flow per residential unit is-calculated to be 216 gallons per day. A total of 50 residential units (sections 9 and 10 of Woodbrook) will be added. The average daily load from these is calculated to be 10,800 gallons per day. The projected use of the Woodbrook .Lagoon by the proposed Albemarle Square Shopping Center is estimated to be 6,800 gallons per day. Therefore, the total estimated future loading on the Woodbrook Lagoon is estimated as follows: Present loading Development of Woodbrook Albemarle Square Total future loading 34,700 gallons per day 10,800 gallons per day 6,800 gallons per day 52,300 gallons per day The provisions of~the certificate which call for review, analysis of projected loadings, etc. have already been met in the plans of the Rivanna Water and Sewer Authority. Capacity for treating additional waste water is expacted to be available in the Madow Creek plant through a plant expansion program which is now in progress. Mr. J. Harvey Bailey, County Engineer, was present. He said these, figures had been developed by the Rivanna Authority, verifi~ed and'reduced by,the State Water Control Board. At ~present, the Lagoon meets all the requirements of the State ~ater Control~ Bo~ard certification. The projection of 10,800 gpd flow for the 50 houses sti-ll to be connected to the lagoon, is based on the performance of the present houses connected to the lagoon. The County Engineering Department had~wo~ked with the manager of the proposed shopping center to arrive at the 6,800 gpd, which was later modified by wording of the Albemarle County Service Authority. In granting sewer services to the shopping center they stated that no establishment such as a restaurant, beauty parlor, laundry, or any heavy contributor, could be placed on the lagoon.. The Albemarle .County Service Authority Board feels it is re-asonably safe to allow this connection at this time. Mr. Fisher said the Board had received a copy of a letter dated April 5, from Mr. George Williams, Director of The Rivanna Authority, in which he stated that during three rainy days in March, the average daily flow was 68,000 gpd. Since the lagoon is certified for only 55,000 gpd, Mr. Fisher asked what happens when that capa~it'y is approached. Mr. Bailey's projections show the lagoon is approaching 90% ~of its certified ~apacity without heavy rainfall. Mr. Bailey said the lagoon provides a holding basin of sufficient size to allow the time necessary for digestion of the matter to take place. It has been concluded that when there is rainfall on the two and one-quarter surface of the lake, there is essentially a 100% run-off. The rain water does not require any treatment. The only objection is that the rainwater may carry off some sewage. However, this is not serious enough to endanger streams in the area. Mr. Bailey said the State Water Control Board says the flow shall not be more than 55,000 gpd averaged ov~r~..-a 30-day period. There may be a number of individual days which exceed that total. The certification of the lagoon requires that when 80% of capacity is reached, you must begin to pr-epare plans for expansion of the facility. When 95% of capacity is reached, no more connections can be obligated to the lagoon. The general plan of the Rivanna Authority provides for the elimination of this lagoon. Plans are in the process of being prepared, some parts are ~e!l advanced. Mr. Thacker said the report from the State Water Control Board dated May 20, 1974, indicated an average daily flow of 287700 gpd; If thins is taken as a realistic figure, and the future development of Woodbrook and the Albemarle Square Shopping Center are added, the total will be about 46,300 gpd. This would be over 80% of the certified limit of the lagoon. He asked how this fits into present plans. Mr. Bailey--said the plans of the Rivanna Authority are in the advanced period of the design state. These plans have been accepted by the S.W.C.B. Plans for the interceptor line which will be involved are ~in Richmond being reviewed at this time. Mr.. Ray Jones said the Service Auth~rity,~when they initially considered this request, had limited the commercial area of the shopping cent.er to 150,000 sq. ft. and did not allow any large users of sewage services such ~as car washes, beauty parlors, restaurants, and laundromats. Mr.~Wheeter asked the s~uare footage being requested at this time. Mr. Humphrey said. the total plan is for 211,250 sq. ft. The applicant would like to have approval for the entire area, however, for planning purposes, the issuance of building permits can be tied to square footage, ba~ed on capabilities of the Woodbrook Lagoon and what the Albemarle County Service Authority will approve. Mr. Bailey said he was given p~ans to review that showed llS,~00~square feet. Computations were made on the basis of the type of store and ~.he n~umber of employees. .~ ~.~:~_ Mr. Aubrey Huffman was present to represent the petitioner. He said the only plan ever submitted ia the one before SKe Bo. ard tonight showing atotal of 215,000 square feet. Mr. Fisher said with all the variances in the square footage of this request, he di~ not feel the Servi~e Authority, the~County Engineer, the Board of Supervisors, or the State Water Control Board are all working in the same direction. He said the Board may be laying themselves open for criticism if they approve something that may possibly take them over 95% of the certified capacity of-the lagoon. Mr. Wheeler said he was willing to approve a plan for no more than~tt5,000 squar~e feet, the figure Mrs. Bailey had used for ~his projections. Mr. Bob Howerin, one of the developers of Albemarle Square, was present. He said the plan before the Board tonight is the only plan ever submitted. There was a hearing by the Planning Commission, it was deferred and there was another hearing and ~he plan~ was approved subject to the Planning Staff's approval of the landscaping. There was never any discussion of anything less than 225,000 square feet. There was no mention in the letter from the Albemarle County Service Authority of any restriction except no heavy users of sewage services. The letter was addressed to Mr. Wendell Wood and has since been assigned to the developer. The letter they received on approval, of the rezoning did not list any conditions other than approval by the Service Authority. They have ~st&lled two entrances based on this approval by the County. This cost about $47,000 and they have also spent $100,000 for site preparation. Mr.~Jones sai~ the Service Authority initially acted on a letter from Mr. Wendell Wood dated August 30, 1972~, At that time, they put on a restriction of 150,000 square.feet. ~'Mr. Howerin asked if the agencies involved would recheck all figures on sewage before the matter goes any further. - The developer does not expect te build 215,000 square feet until the new sewer line is available. They expect to build only 91,000 square feet in the next year. Mr. Fisher said he felt all parties should get together and work out something that is~reasonabte. He did not think the Board should approve this until they have better information. Mr. Calvin Moyer, President, Woodbrook Homeowners Association, spoke next. He sa~d there hav.e been serious troubles, in the past, with the Woodbrook lagoon and sewerage system. Back: in 1970 they came to the Board and the County agreed to install aerators to help eliminate the odor. At ~hat time, the State Water Control Board said. they had been aware f~r some time of the condition of the lagoon. They believed this to be partly from the cl~imate and because the lagoon was bu~tt in a high area and this limited aerat~on~ This was the explanation given as to why the lagoon did not operate properly, although not heavily over- loaded. Since the lagoon has a long history of malfunctions, the Homeowners Associat,~on requests that the Board not-bring the'lagoon toga 55,000 gpd..capacity. Mr. Norman Phi.llips, a sanitary engineer from Richmond, said the aerators should not be install.ed with the idea of making continued, unlimited numbers of connections 6-12-74 (night) to this raw sewage system~ In April, 197'4, the State Health Department said that since the aerators were installed they had not received a complaint and would recommend further hookups. At the same time, Mr. Phillips restated that the installation of th~ aerators should.not be used to justif~ further-connections to the lagoon. Although~tha Rivanna Author,ity has presented a plan in which they say one impro~ement~ to the system will be completed b~ December 1974, and other improvements will be scattered along until 1979, this is only.a target date. The Homeowners do not believe this is enough of a plan to go over the 55,000 gpd figure. Mr. Moyer reiterated that this Lagoon was orginally built to service only the subdivision of Woodbrook. .It was not built to a capacity to go outside of that area and take in commercial properties. He asked that the lagoon be limited to use by Woodbrook, including the 50 additional homes which Mr. Claude Cotten proposes to build in the last phase of Woodbro0~.. Mr. Moyer also questioned Mr. Bailey'~s projections. (See memo in minutes of May 8, t974, and set out on Pages 241-2~2 of this minu~te book~) Mr. Moyer said once the system is overloaded, there is nothing'than can be done. He also said that in order to connect to the lagoon the developer would have to traverse private p~aperty. He summarized by asking that the Board deny this application or defer action until the sewage problem is resolved. At this time, the Board took a recess. When they reconvened, Mr. Wheeler asked the County Attorney for an opinion of what had been presented. Mr. St. John said he understands that the site plan calls for more square footage or building space than can be serviced by the Albemarle County Service Amthority. The Service Authority is prepared to commit themselves to a certain number of connections or cap~acity for a certain number of gallons attributable to a smaller site than tha~ shown on .the site plan. The question before t.he Board now is whether or not the Board is justified in denying a site plan this large because the Service Authority is unable to service that large an area. Mr. St. John said the Board would be justified in limiting the size of the site plan at .this time to such a size as can be serviced by the capacity which the Service Authority says it has available. The Service Authority is a different governmental unit from the Board of Supervisors, but he feels the Board is entitled to and should consider the capacity the Service Authority says they can provide. Mr. Fisher said the Board now has two figures before them. One of those is based on the most recent technical information available to the County Engineer. That figure says there is less capacity now than ~what the Service Authority said they could handle in December 1972. Mr. St. John said as a general rule, the Board should accept the statement from the Service Authority as to what they can provide in the way of sewage services. Mr.~ Jones said the Service Authority had 313 originally said they could service 150,000 square feet, now they have taken into consideration the actua~ type of facility that will be built and have restated this as 115,000 square feet. Mr. St. John said the Board can approve the whole plan, but~ with the approval place a condition that building permits will not be issued~for anything above the 115~,~000 square feet. Mr. Wood said the County~Attorney had just said it is within the Board's power to either approve the site ptan in total, approve the site plan subject to not hooking to the lagoon, or impose certain limitations. The Board realizes that the laggon~should' not have been built closer to a single-family residence than 600 feet and there are now residences within~50 feet. In 1970 the County installed at a cost of $10,000, aerators to eliminate a health hazard in that area. Now, the Board is about to approve an outside use of commercial intent, when they are already operating in violation because of the closeness of these homes. Mr. Wood said he could not find anything wrong with the Shopping Center and has stated_many times that such a facility is needed in this area. But, to expand the use of the Woodbrook lagoon, with its long history of malfunctions, is beyond his comprehension. Mr. Wood then offered motion to approve the Shopping Center site plan based upon all conditions previously imposed and with the added condition that it not hook to the Woodbrook lagoon. The motion was seconded by Mr. Henley. Mr. WheeZer said he would not vote to approve a 215,000 square foot site plan, but would support a site plan that does not exceed 115,000 square feet, or_~something more in line with the reoommendations of the Service Authority and the County Engineer. Mr. Fisher said the information presented tonight, and over the last several years, is Self-contradictory to such an extent that it is almost unbelievable. He said ~he__Board would be doing an injustice to the people who have to continue to use the lagoon when they do not know when the sewer interceptor line will be available. He said there are other alternatives available to the developer. Mr. Wheeler asked if Mr. St. John had a legal opinion on the motion. Mr. St. John said the Service Authority owns the lagoon and has said they are ready to service the developer. If the Service Authority is willing to do this, he did not think the Board of Supervisors can impose a condition on the developer that he cannot use the capacity which the Service Authority is willing to let him have. That option is not open to the Board. Mr. St. John said the problems with the Lagoon have been ably stated on behalf of the citizens and these should be brought to the attention of the Service Authority Board. The Board of Supervisors could request them not to issue this coramitment to the developer. Mr. Fi~sher said when this property came up for rezoning, at least two members o£ thais Board made strong statements to the developer that he would be ~-~-~ (night) well advised not to consider the use of the lagoon because of the problems that had existed, and will continue to exist, until this facility is phased out. It seems that the Service Authority has decided to go ahead and make a commitment and although this is in their power, he did not feel it is in the best interest of the public. Mr. Thacker said he is in sympathy with the Woodbrook Homeowners Association but questioned whether this Board has the right to deny approval of this site plan. He was willing to support approval of a sit'e plan for 115,000 square feet, showing all other square footage as later expansion. This would be in line with what the Service Authority has said they can service. Mr. Wood asked if the Service Authority Board. had discussed why the aerators were installed on the lagoon. He said if they had, he did not understand why they were making further commitments for off-site connections of this type. He felt the Board should vote on the motion which was on the floor, then ask the Service Authority to consider the history of the lagoon back to 1970. He said they may have based their considerations on some recent acts that may be error. They should also consider the health hazard in this area. Mr. St. John said the Service Authority is not bound to do anything more for the Board of Supervisors than for any other citizen. The only remedy is ~O either approve a site plan that is limited to the size that can now be serviced by the Service Authority or to ask the Service Authority to reconsider this approval based on all factors presented. Mr. Thacker asked if it would be proper to defer action at this time and make such a request to the Service Authority. Mr. St. John said yes, the Board cannot do what they first intended, to deny the use of the Woodbrook lagoon. This is a matter for the Service Authority to consider; not this Board. Mr. Wood said in light of that statement, he would withdraw his motion. Mr. Henley also withdrew the second. Mr. Wood then offered motion that the Board of Supervisors defer this matter, that the Service Authority be requested to consider all the information presented tonight, that the Service Authority be requested to review the history of the tagomn back to 1969 as far as health hazards and the original intent of the lagoon, and that the~Board of Supervisors act on this matter when that report is received from the Service Authority. The motion was seconded by Mr. Henley. Mr. Thacker asked Mr. Humphrey how long the Board has to act on this site plan. Mr. Humphrey said it is not tied to any time limit, but final approval for the last section of Woodbrook Subdivi'sion is tied to the capacity of the lagoon. Mr. Wheeler said this is not before the Board. Mr. Henley said he had seen a letter from the State Water Control Board in which they stated that if the lagoon~becomes overloaded, housing permits, will be denied. Mr. Humphrey said after the Shopping Center is hooked to the lagoon, the developer of Woodbrook may be denied permission to hook to the lagoon. Mr. Fisher said when the Service Authority reviews their commitments, they should look.at the entire problem. The Chairman called for a vote on the motion and the motion carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, and Wood. NAYS: Mr. Wheeler. ABSTAINING: Mr. Carwile. The next item before the Board was a request for a restricted road for off Eve L. Wright. Such road located/o~ State Route 674, near White Hall, Virginia, and shown on site plan drawn by Thomas D. Blue, dated 12/10/72 and revised 1/1/73, 4/1/74, and 4/15/74. The property is shown on County Tax Map 26 as Parcel 17. The restricted road is to serve six lots. Mr. Humphrey said there are two lots shown on the site plan as having access off of Route 674. The six lots will have a 50-foot restricted road and it was the intent of the Planning Commission that Lots 1 and 6 also have their entrance off of this restricted road instead of Route 674. The Planning Commission recommended approval of the request subject to the policy and guidelines adopted by the Board in reference to restricted roads. Motion was offered by Mr. Henley to approve this request. The motion was seconded by Mr. Fisher and carried by the followSng recorded vote: AYES: Messrs. Carwile, FSsher, Henley, Thacker and Wheeler. NAYS: None. ABSENT: Mr. Wood. Upon proper motion, the meeting was adjourned at 9:47 P.M.