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HomeMy WebLinkAbout1973-11-1511-15-73 369 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on November 15, 1973, 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. (arriving at 10:40 A.M.), William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. Absent: None. Officers present: County Executive and County Attorney (arriving at 10:07 A.M.). The meeting opened with The Lord's Prayer, led by Mr. W~eeler. Upon motion by Mr. Thacker, seconded by Mr. Wood, the minutes of the meetings of September 12, September 19, September 20, September 26 (afternoon meeting) and September 26 (night meeting) were approved with the following corrections: Page 238, Mr. Fisher's statement should read "The Board could not make a better judgment than a court in an appellant procedure"; Page 239, the word "quorum" should be "quarrel"; Page 247, Item No. 3, second word "to" should be deleted; Page 250, top of page, name is Rabinowitz; Page 254, 7th line from bottom, first word should be "future" not "further!'; Pages 267- 268, on the special arrangement for water for house for Randy Wade, it should be stated that the rate is $10 a thousand gallons; Page 270, line 8, insert after "contact Fairfax County" the words "to find what procedure they had used to upgrade their plants"; Page 271, line 28 should say "did know what they were voting on." The foregoing motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. NAYS: None. ABSENT: Mr. Henley. (Mr. Carwile abstained during this first discussion.) Mr. Batchelor said the Board had received a request from Dr. Hurt to have Greenbrier Drive on the east side of Route 29 north accepted in the State Highway system. Mr. Wood asked Mr. Warner when the road would be extended further through that section. Mr. R. G. Warner, Resident Highway Engineer, said he has asked for an overall plan, including preliminary plans for Branchlands. Since it is possible that some day this road may be tied into Chapel Hills or even to Rio Road, through Branchland, the Highway Deparment would like to have a design standard for this section of road. Mr. Thacker~askedi~if the proper bond has been posted. Mr. Humphrey said...this was built prior to subdivision control. - Motion was offered by Mr. Wood to adopt the following resolution: BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the Virginia Department of Highways be and is hereby requested to accept into the Secondary System of Highways, subject to final inspection and approval by the Resident Highway Department, the following section of road in Section 2, Westfield Subdivision: Greenbrier Drive - beginning at the east margin of Route 29 north and continuing for approximately 200.27 feet in a southeast direction to the end of the road. 37O BE IT FURTHER RESOLVED that the Virginia Department of Highways be and is hereby guaranteed a 50 ft. unobstructed right of way and drainage easements along this requested addition as recorded by plat in the Office of the. Clerk of the Circuit Court of Albemarle County in Deed Book 539, page 220. Mr. Wood's motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: NAYS: ABSENT: 11-15-73 Messrs. Fisher, Thacker, Wheeler and Wood. None. Mr. Henley. ABSTAINING: Mr. Carwile. Mr. Warner said he was still researching the question concerning the closing of a portion of Old Route 53 and had no report to give at this time. Mr. Wheeler said Route 250 East at the rock quarry has been discussed seVeral time. He felt that if people would drive at a reasonable speed there would not be any trouble, however, he said few agree with him. Mr. Warner said he has discussed the possibility of changing the road markings. With the growth in that area, he felt the highway department would have no other choice. He said Luck Quarries has installed another set of scales and many trucks come onto the highway from the Williams property. Mr. Batchelor asked if the highway depart- ment could close down one entrance. Mr. Warner said the trucks slowing down to turn in cause as much of a problem as the trucks entering the highway. There is a problem with the bridge at this point and a 90 degree turn. The highway department may resolve this problem by widening the bridge and installing a turning lane, also the installation of "watch for turning vehicles" and "oversize" signs. At 9:27 A.M., the Chairman left the meeting and turned the gavel over to the Vice- Chairman. The Board continued. Mr. Warner said he made an inspection of Whitewood Road on Tuesday. He was shocked at the quality of the work. Messrs. Wood had depended on subcontractors to do this work and it is incomplete. Mr. Warner said he sent to them a list of the major items which need to be finished and he did not feel that the highway department will accept Whitewood Road until these items are completed. Mr. Wood said he had recently observed the highway department at work, with the contractor, on Rio Road. He felt that with the good working relations he had observed this job must be ahead of schedule. Mr. Warner said they had performed an excellent job, working under adverse conditions, and he has heard few complaints from citizens about the rough road. Mr. Fisher said he had inquired earlier about the posSibility of installing a sign at the intersection of Interstate 64 and Route 637, stating that it is two miles to gas, food, etc. He asked if that is impossible. Mr. Warner said no, there was a sign at that intersection at one time. The highway department had failed to follow up this request. Mr. Batchelor felt the sign should state that trailer trucks of a 11-15-73 371 certain number of feet would be prohibited-05-R0u~e 637. Mr. Warner said there is a sign near the bridge, however, he felt the sign should be on 1-64 itself and should state that it is two plus miles to gas, food, etc. plus the fact that the bridge on Route 637 is restricted by Weight and length. He said it is harder to have a sign installed on 1-64 than it is on the ramp, but he will continue to check on this request. Mr. Fisher again asked about the new entrance into Bellair. He feels there will be serious accidents at this intersection since people approaching on the right side are not yielding the right of way and force cars on Route 250 into the east bound lane. Mr. Warner said the highway department is studying this matter, but they do not have a solution at this time. Mr. Thacker said he has received a number of calls from people living at Quandry. The developer evidently told these people that the road would be improved. The road is Rt. 727 from Rt. 627 to Rt. 795 at Blenheim. Mr. Warner said the highway department will do some spot work however the overall improvements will depend on obtaining the proper right of ways. He said there are some new right of way procedures and the'highwaY department has found that most homes built along this section are mortgaged. This becomes a legal matter as to who can donate right of way on a mortgaged piece of property. He said there are some people who would have no access into their property because of topography if this road is widened. There is one place on the road which is difficult for the school bus to maneuver because of a very sharp curve. The highway department is going to work on this curve. Mr. Fisher asked about the addition of an unnumbered road south of Crossroads which was recommended for acceptance by the road viewers. Mr. Warner said this project was stalled again because the highway department has been unable to obtain adequate right of way. Mr. Charlie Perry, Assistant Resident Engineer, asked if when the county guaranteed right of way in these resolutions if this right of way has been recorded. Mr. Fisher said all the residents involved had signed a petition, but nothing has been recorded. Mr. Warner said the highway department will need help to obtain this right of way. They do not have adequate staff to do this work. Mr. Fisher said if it was a matter of finding the owners, he fslt the highway department could work through the County Attorney's office to get this done. Mr. Perry said the most time consuming part of the job is to check the records in the Clerk's Office to see if those people signing the petition can sign to donate the right of way. Mr. Fisher said there is an invalid living on this road who needs to have public health nurses visit and he would be glad to help the highway department in any way in order to bring this matter to a conclusion. Motion was offered by Mr. Wood to allow Christmas Eve, 1973, as a holiday for County employees. The motion was seconded by Mr. Fisher and the vote was recorded as follows: 11-15-73 372 AYES: NAYS: ABSENT: Messrs. Fisher, Thacker and Wood. None. Messrs. Carwile, Henley and Wheeler. Claim against the Dog Tax Fund was received from Ollie Dean for one (1) lamb killed by dogs. On motion by Mr. Fisher, seconded by Mr. Wood, Mr. Dean was allowed $25.00 for this claim. The vote was as follows: AYES: Messrs. Fisher, Thacker and Wood. NAYS: None. ABSENT: Messrs. Carwile, Henley and Wheeler. Claim against the Dog Tax Fund for one (1) ewe and one (1) lamb killed by dogs was received from R. L. Bailey. On motion by Mr. Fisher, seconded by Mr. Wood, Mr. Bailey was allowed $45.00 for this claim. The vote was as follows: AYES: Messrs. Fisher, Thacker and Wood. NAYS: None. ABSENT: Messrs. Carwile, Henley and Wheeler. Claim against the Dog Tax Fund for one (1) lamb killed by dogs was received from R. L. Bailey. On motion by Mr. Fisher, seconded by Mr. Wood, Mr. Bailey was allowed $25.00 for this claim. The vote was as follows: AYES: Messrs. Fisher, Thacker and Wood. NAYS: None. ABSENT: Messrs. Carwile, Henley and Wheeler. Statements of Expenses for the Director of Finance, the Sheriff's Office and the Office of the Commonwealth's Attorney were presented for the month of October, 1973. Motion was offered by Mr. Wood, seconded by Mr. Fisher to approve these statements. The vote was as follows: AYES: Messrs. Fisher, Thacker and Wood. NAYS: None. ABSENT: Messrs. Carwile, Henley and Wheeler. Statements of expenses incurred in the maintenance of the County Jail, along with summary of prisoner days was presented. Statement of expense for the Jail Physician in the amount of $38.00 was presented, of which two-thirds is reimbursable by the State. Motion was offered by Mr. Fisher, seconded by Mr. Wood to approve these statements. The vote was as follows: AYES: Messrs. Fisher, Thacker and Wood. NAYS: None. ABSENT: Messrs. Carwile, Henley and Wheeler. Mr. Batchelor said a concerned Madison County citizen had paid the bill which has been in contention. Mr. Thacker asked if the Board could preclude this happening again. Mr. Batchelor said when the new joint security complex is ready for use it will be necessary to draw a tight contract, however, with the work load of the City and County attorneys it is questionable as to whether this can be completed before the new complex is open. 373 Reports of the Department of Social Services for the month of September, 1973, were presented in accordance with Virginia Code Sections 63-67.1 and 63-67.2. Mr. Fisher said the costs of this department are approximately 25% ahead of the costs for the same month in the prior year and he asked the reason for this. Mr. Batchelor said he would have a report prepared by the director of the department. Mr. Batchelor said he had met with his staff yesterday and has taken the following steps concerning the energy crisis. (1) All personnel driving county owned automobiles have been ordered to reduce speed to 50 m.p.h, except on the interstates. On those highways they have been ordered to reduce speed to 60 m.p.h. (2) All departments have been ordered to reschedule trips and inspeCtions to take better use of vehicles and time. (3) All parking spaces assigned to employees have been revoked and will be reassigned to those employees utilizing car pools. (4) All unregulated heat registers in the County Office Building ha~e been turned off. (5) The heat in the County Office Building has been turned down to 68 degrees. (6) County staff has started investigaHing the possibility of purchasing compact cars. Mr. Batchelor said that in the past there was no advantage to the County in buying small cars because the state obtained better prices on the larger cars. He said there had been a few small cars boUght for the Department of Social Services because of a history of minor accidents. In the inspections department, trucks were bought for multiple use purposes. He said the school principals met yesterday and there will be a report from the Superintendent on their measures. He then requested that the Board designate the County Executive's office as coordinator of energy with the state. Mr Fisher said he has tried to encourage the count~ to buy smaller cars. He feels that if the county can stay under 3000 pounds on cars, there will be a substantial savings. Mr. Wood offered motion to designate the County Executive to work with the state as coordinator of energy and to implement the measures taken by the County Executive for conserving gasoline and fuel by County employees. The motion was seconded by Mr. Carwile. Mr. Fisher said he is concerned that the citizens will feel the energy crisis is being used by the county to cut back services and programs. He felt that particu~larly those working for the schools, the sheriff and the inspections department~ will be able to make a savings and he does not want to eliminate the enfo~ ~'-- county can in any manner maintain its programs. Vot~ motion carried by the following ~recorded vote: AYES: Messrs. Carwile, Fisher, Thacker and Wood. NAYS: None. ~ ABSENT: Mr. Henley and Mr. Wheeler. Mr. Garrett Kirksey, Chairman of the Parks CommJ report. He said they had found the management of the recommended an increase in the fee schedule charged This was recommended because of the amount of money 'cement of county ordinances if the was taken at this point, and the ttee was present to present their parks to be very good. They have or the swimming areas in the parks. ~eeded to provide adequate service and 374 11-15-73 it had nothing to do with trying to make up any cost to private enterprises. They also recommended that the reduced rates be kept for welfare receipients. Mr. Fisher asked if the committee had looked at the possibility of providing additional services in the parks. Mr. Kirksey said they had discussed many additiOnal services, but had tried to keep their report in line with what the Board had charged them to investigate. He said they did not include a recommendation for a comfort station at Mint Springs, but he was sure this would have been one of the recommended items. Mr. Wood said he felt the committee had performed a service for the County and he said the Board should decide at this time if they want the committee to continue. He said they would be needed during preparation of the annual budget. continuing the committee on a permanent basis. He was in favor of Mr. Fisher agreed. He said he would prefer to talk with the Chairman, since Mr. Wheeler was absent at this time, before making any final decision. Mr. Thacker thanked Mr. Kirksey and the committee, on behalf of the Board members and the entire county. He said they had performed an. excellent job and also felt that the committee should be continued on a permanent basis. Mr. Fisher said he and Mr. Carwile had served as a committee to recommend a policy to the Board as to how the Board would receive applications for permits for operation of bingo and raffle...~games. He gave the-following conditions for consideration: For Bingo games open to the public: (1) Maximum frequency of operation - one event per month. (2) Hours of operation - 6:00 P.M. to 10:30 P.M. (3) Use of proceeds - To benefit the general public. (4) Days of operation - Any day, Monday through Saturday. (5) Accounting of proceeds required per State Code. (6) Permits to be valid from date of approval, for one year. For Bingo games for private (membership) only: (1) Maximum frequency of operation - one event per week. (2) Maximum hours of operation - 6:00 R.M. to 10:30 P.M. (3) Use of proceeds - restricted only by State Code. (4) Days of operation - Any day, Monday through Saturday. (5) Accounting of proceeds required per State Code. (6) Permits to be valid from date of approval, for one year. Raffles - public events: (1) (2) (3) (4) (5) (6) Maximum frequency of operation - no restrictions given at this time. Hours of operation - no restrictions given at this time. Use of proceeds - to benefit the general public. Days of operation - Any day, Monday through Saturday. Accounting of proceeds required per State Code. Permits to be Valid from date of approval, for one years. Raffles - private (membership) only: (1) (2) (3) (4) (5) (6) Maximum frequency of operation - unrestricted. Hours of operation - unrestricted. Use of proceeds - res%rioted only by State Code. Days of operation - Any day, Monday through Saturday. Accounting of proceeds required per State Code. Permits to be valid from date of approval, for one year. Mr. Fisher then asks for comments on this policy. Mr. James E. Samsell, representing the East Rivanna Volunteer Fire Company, said the country was built on compromise and he asked that the Board compromise. He said to limit bingo games to once a month is not often enough. The idea behind the bingo games is to 11-15-73 375 have a regularly scheduled event and he asked that the Board allow these games twice a month. He said the hours of operation do not pose a hard ship. Mr. Ralph Sandridge, representing the Crozet Volunteer Fire Company, said that there must be a pattern set for attendance at these games and he did not feel that limiting bingo to once a month would work for the fire companies. Mrs. Elizabeth Rosenblum asked if State law restricts games to only the days between Monday through Saturday. Mr. Fisher said he did not know, but the committee felt citizens in the communities would be opposed to any Sunday operation of bingo and raffle games. Mrs. Rosenblum asked if there were something evil about playing bingo on Sunday. Mr. Fisher said evidently some people felt there was and this was the reason the General Assembly had turned this authority over to the localities. Mr. Sandridge said that if the Board restricts the operation of bingo games to once a month, it will not work, and will cause the fire companies to approach the County for larger contributions. Mr. Wheeler returned to the meeting at 10:45 A.M. Mr. Thacker explained the policy which was under discussion. Mrs. Rosenblum said that stopping games at 10:30 P.M. seemed like a curfew. Mr. Mac~ Stahl, representing the M'oose?..Lodge at Keswick, asked when the permits would go into .effect.~ Mr. T hacker asked Mr. ~ ~h~ d~d~n~o~t~g~o~o~e~//f~c~t~a~ppr~ove~. Mr. St. John yes. Mr. Wheeler said he did not object to increasing the hours of operation to 11:00 P.M. for the volunteer fire companies, however, he said the primary purpose of the volunteer fire companies is to fight fires and he felt that in the matter of finances they do receive . considerable help from the county and during their annual fund drives, from the citizens. He said if bingo games are held too often the emphasis will change from fighting fires to playing bingo and will also cause a nuisance to the people who live nearby. He asked that for the first year, operation of bingo games be held down to one per month.~ Mr. Samsell he had~checked other ~localities for their experience and found that bingo works much better if it is a consistent event. He said the county gives the fire company $7200 a year, but fire hose is $2.10 a foot and hose life is only five or ten years. He said their building is falling down and needs renovating. The money goes back to the community in fire protection. Mr. Wheeler said if this fire company makes a lot of money from bingo, he feels contributions from the public will decrease. Mr. Sandridge said their fire company is grateful for the $7200 contribution made by the Board each year, however, they have recently purchased a piece of new equipment which cost $32,000 and are in the process of purchasing another. He said they do protect the entire area and do not feel that they can make any money on bingo games held only once a month. Mr. Wood said he has no objection to approving these permits for Sundays or having 376 11-15-73 longer hours of operation. If the games are properly operated they can be a vast source of revenue and save the taxpayers money. Mr. Fisher suggested that several changes be made in the policy under consideration. (1) approve the permits for six months; (2) allow public bingo games~ twice a month; ~ (3) change the hours of operation to 6:00 P.M. - 11:00 P.M.; and (4) permit the operation of games on any day of the week. He then offered motion to adopt this as policy. The motion was seconded by Mr. Wood. ~ Mr. Wheeler said he felt it was outlandish for the Board to even consider allowing ~ the operation of these games on Sunday nights. Mr. Fisher then amended his motion to change the days of operation back to Monday through Saturday. Mr. Wood said he did not feel this should be restricted so that it would not work. Mr. Wheeler said that when the churches start applying for permits to hold bingo games on Sundays he will probably change his mind. Mr. Wood accepted the amended motion and the motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Upon motion by Mr. Wood, seconded by Mr. Fisher, lottery permit application for the Crozet Lodge No. 2164, Loyal Order of Moose, Crozet, Virginia', was approved in accordance with the policy adopted. The motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. ~ NAYS: None. Upon motion by Mr. Wood, seconded by Mr. Fisher, lottery permit application for East Rivanna Volunteer Fire Company, Inc., Keswick, Virginia, was aPProved in accordance with the policy adopted. The motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Upon motion by Mr. Wood, seconded by Mr. Carwile, lottery permit application for the Charlottesville Lodge No. 1028, Loyal Order of Moose, Keswick, Virginia, was approved in accordance with the policy adopted. The motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Upon motion by Mr. Wood, seconded by Mr. Carwile, lottery permit application for~ the Crozet Volunteer Fire Company, Crozet, Virginia, was approved in accordance with the I 1 policy as adopted. The motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. At 11:00 A.M., the Chairman called for a public hearing on an amendment to Chapter -it 12, Article I of the Albemarle County Code by the addition of Section 12-91-1 entitled "Vehicles exempted from taxation - volunteer firemen and rescue squadsmen." Notice of this public hearing was pUblished in The Daily Progress on November 2 and November 9, 1973: 11-15-73 377 Mr. James Samsell spoke in favor of the amendment. No one else from the public spoke for or against the amendment. Motion was offered by Mr. Wood to adopt the following amendment: Section 12-91-1: Vehicles Exempted from Taxation - Volunteer Firemen and Rescue Squadsmen. Any person listed on the active rolls of any volunteer fire company or rescue squad shall be exempt from the license tax provisions of this article as to any one vehicle registered to such person or to a member of his household. Mr. Wood's motion was seconded by Mr. Fisher and the motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler. NAYS: None. ABSENT: Mr. Wood. At 11:05 A.M. the Chairman called for a public hearing to amend and reenact Section 4-13-1, Chapter 4, Article II of the Albemarle County Code by the addition of the town of Crozet as one of those areas designated where dogs are prohibited from running at large. Notice of this public hearing was published in The Daily Progress on October 31 and November 7, 1973: Mr. Henley said a number of people had signed a petition in favor of this amend- ment. He had heard only one person express opposition. No one from the public spoke for or against. Motion to adopt the following amendment was offered by Mr. Henley: Section 4-13-1, Chapter 4, Article 2, Albemarle County Code: Area No. 5 - described as follows: Beginning at a point, a corner common to parcels 96, 46 and 45B of Section 56 of the Albemarle County Tax Maps; thence,~ in a westerly direction along the southern boundaries of parcels 45B and 39, section 56 of the Albemarle County Tax Maps to the centerline of State Route 240; thence, with State Route 240 north to the intersection of the northeastern corner of parcel 11 of section 56 of the Albemarle County Tax Map; thence, in a westerly direction with the northern boundary of parcel 11 to a corner with parcel 10D section 56 of the Albemarle County Tax Map; thence, in a southerly and westerly direction with the eastern and southern boundaries of parcels 10D, 10 and 9 of section 56 and parcel 69 of section 55 to a corner with pa~rcel 69 and 7lA of section 55; thence, with the boundaries of parcel 7lA of section 56 in a southerly, westerly and northerly direction to the corner with parcel 70F of section 55; thence, in a westerly direction with the southern boundaries of parcels 70F, 72(13) and 72B of section 55 to the southwestern corner of parcel 72B, a corner common with parcel 74 and 75 of section 55; thence, with the eastern boundary of parcel 74 in a northerly direction to the center of State Route 691 and continuing in a northerly direction across Route 691 and along the eastern boundary of parcel 66 of section 55 to a corner with Orchard Acres, (Section 55C); 11-15-73 378 thence, with Orchard Acres in-a clockwise direction to its intersection with the Chesapeake and Ohio Railway and continuing across the railway to its northern right-of-way; thence, in an easterly direction along the C & O right-of-way to its intersection with the western boundary of parcel 51 of section 55 extended; thence, in a northeasterly direction across State Route 788 to its intersection with the western boundary of parcel 51 of section 55; thence, in a northeasterly direction along the western boundaries of parcels 51, 50, and 49 of section 55 and parcel 1 of section 56 to a corner with parcel 48 of section 55; thence, in a northwesterly and northeasterly direction along the southern boundary of parcel 48 of section 55 and the southern and western boundary of parcel 47 of section 55 continuing in a northeastern direction along the western boundaries of parcels 1, 3 and 5E of section 56 to a corner with parcel 5E of section 55 parcel 17 of section 40 and Sunrise Acres (Section 40A); thence, with Sunrise Acres in a clockwise direction to the intersection with the centerline of State Route 810; thence, in a southwesterly and southeasterly direction with State Route 810 to the intersection with the southern boundary of parcel 64 of section 56; thence, in an eastern direction with the southern boundary to its intersection with parcel 66 Of section 56; thence, in a southern and easterly direction around the western and southern boundaries of parcel 66 of section 56 to its intersection with parcel 66B of section 56; thence, in an eastern direction along the southern boundary of parcel 66B, section 56, to a corner with parcel 58 of. section 56A (2); thence, in a southerly and easterly direction along the western boundary of parcel 58 of section 56A (2) to its inter- section with State Route 240 and continuing across Route 24.0 and parcel 60 of section 56A (2) and the C & 0 Railway to a corner common to parcels 67 and 68 of section 56A (2) o~ the southern right-of-way of the C & O Railway; thence, with the southern right-of-way of the C & O Railway in a westerly direction to its intersection with a corner common to parcel 58 of section 56 and parcel 7lB of section 56A (2); thence, in a southerly and easterly direction along the western and southern boundary of parcel 58 section 56 to a corner with parcel 57A (1)of section 56; thence, in a southerly and easterly direction along the western and southern boundary of parcel 57A (1) of section 56 and the southern boundary of parcel 57 of section 56 to a corner with parcel 55 of section 56; thence, with parcel 55 of section 56 in a northeasterly direction to a corner with parcel 54 of section 56; thence, in a southeasterly direction with the southern boundary of parcel 54 of sectiOn 56 to its intersection with parcel 48 of section 56; thence, in a southeasterly and southern direction along ~ths~.eastern boundary of parcel 48 of sec%ion 56 %o its corner with parcel 47 of section 56; thence, in a southerly direction along the eastern boundaries of parcels 47 and 46 of section 56 to the point of beginning. Mr. Henley's motion was seconded by Mr. Carwile and carried by the following recorded vote: ................ 37'9 AYES: Messrs. Carwile, Fisher, Henley, Thacker ~nd Wheeler. NAYS: None. ABSENT: Mr. Wood. Mr. Batchelor said that since the Parks Committee had presented their views on raising of the fee schedule for county parks, he would ask that the Board take official action at this time. Motion was offered by Mr. Carwile to advertise for a public hearing on December 20, 1973, at 10:00 A.M., an increase in the admission charges for swimming areas in County parks. 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. Motion was offered by Mr. Wood directing the Clerk to write the Parks Committee giving them credit for the work they had performed and also asking the members to continue serving on the committee as an advisory committee to the Board. The motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Mr. Batchelor said there were several items set up in the original budget for the Parks Department and he now requested the Board to approve the following items to be expended from Revenue Sharing Funds: 1. Comfort Station and boat launch $ 18,100 2. Chipper 5,000 3. 3/4 ton truck 4,100 4. Crew cab pickup truck 3,800 5. Dump truck 6,700 Total $ 37,700 Mr. Batchelor said the Parks Department had suffered through this last summer with the vehicles presently in use. He said there is a need to proceed with purchase of new vehicles immediately and the construction of a comfort station at Mint Springs Park. Mr'. Henley said there was no need for a chipper. Mr. Batchelor said i.t would be used all the time since the Parks Department now has to haul rubbish to the landfill. There is no place to dispose of this on parks property. It will also cut down on the cost of purchasing these materials. Mr. Henley asked what the chips are used for. Mr. Batchelor said for the walking paths around the bath houses where grass will not grow and around picnic tables. Mr. Henley felt some other type of material, that would last longer, could be used in these areas. Mr. Batchelor said no other has been found that has the aesthetic value of this material. Also concrete or asphalt is not as safe in the play areas. Mr. Henley was not convinced. Mr. Wheeler suggested that this item be deleted and brought back to the Board for consideration at a later date. Mr. Wood offered motion to adopt the following resolution: 38'0 BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $32,700 be, and the same hereby is, appropriated from Revenue Sharing Funds and transferred to the General Operating Capital Outlay Fund for use by the Parks Department and expenditure of these funds is hereby approved. Mr. Wood's motion was seconded by Mr. Carwile. Mr. Thacker asked how many personnel are working in the parks department. Mr. Batchelor said there are four. Mr. Thacker asked if three trucks are necessary. Mr. Batchelor said there will be quite a few more people on the payroll during the summer months and this is when the trucks will be needed. Mr. Wood said he did not feel that this was an excessive amount of equipment during the summer months when there are only four full-time people supervising as many employees as the parks department employed last summer. Mr. Henley said it is ridiculous to keep Totier Creek open. There is nothing there in the way of recreational facilities at this time and he felt the entrance should be chained. Vote was taken at this point and the motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Mr. Henley said there was an amount in the report from the parks department for gravel at Totier. He thought this was an unnecessary expense. Mr. Batchelor said the gravel on the entrance road has to be replaced occasionally. He said the public does use this road. It is an unpatrolled area and because it is remote from the road children do go to this area and have broken windows by throwing rocks. Mr. Wood asked if it would be possible to install a chain and a sign and then on Saturday and Sunday, have a deputy open and close the entrance to Totier. Mr. Fisher suggested that the Parks Committee be asked to study the possible setting aside of a small piece of land for a picnic area at the Warren and Hatton Ferries. Motion was offered by Mr. Wood to authorize John Humphrey to sign vacation of plat for Lots 10-14, Block A, The Pines Subdivision, which plat was prepared by B. Aubrey Huffman & Associates dated August 15, 1973, and approved by the Albemarle County Planning Commission on August 15, 1973, and that portion of' the plat made by B. Aubrey Huffman & Associates dated March 13, 1972, approved by the Planning Commission on October 24, 1972, which shows Lot 7, Block A, and a 50-foot right of way dedicated to public use. Said vacation to vacate the dedication of the 50-foot right of way shown as "Fence Road" and any other dedicated roads, except existing State Route 663 and State Route 764, and any subdivision roads served by such dedicated roads. The foregoing motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. At 11:30 A.M., the Chairman called for a public hearing as advertised in The Daily Progress on October 26 and November 2, 1973, to consider amending conditions of approval attached to SP-261 for Patricia Ann Tiffany. 11-15-73 381 Mr. Fisher asked if a member of the Planning Staff or someone should not present what was to be considered. Mrs. Patricia Tiffany said she was present today because she had requested that the Board permit her to put a sign on the back of her building, located at the inter- section of 1-64 and Route 250 West. She showed to the Board a drawing, in script, of the sign she proposed. This would not be a neon sign, but only a painting on the back of the building. She does hope to attract tourists and she feels it is necessary to have this sign on the back of the building facing 1-64. She said there are no homes on this side of the store, only forest. Mr. Thacker asked if %he sign would be lighted in any way. Mr. Hank Tiffany said the building would be lighted all around, with lights in the shrubbery. He said in a recent letter to the editor it was stated that the Board had not understood that this store is to be a tourist attraction. He stated several times during the public hearing that this would be a country store identical in every- way to the country store at the foot of Afton Mountain. There was a conference with George St. John to determine if the permit should have been for a country store or a gifts-crafts-antique shop. It was determined that since Mrs. Tiffany will sell food, in addition to the items mentioned, a country store was the proper designation. When the permit was issued it did not contain a provision for the 100-sq. ft. sign facing FRoute 250 which the Board had allowed. HiS wife has listened to the tape of that meeting and although the tape is quite distorted, his wife had found mention of this on the tape. John Humphrey has since reaffirmed that he did not mean to limit their rights under the ordinance, but only to prevent their installing a sign in view of 1-64. Mr. Tiffany said, at the time, the Board was trying to preserve 1-64 and the Board has now authorized the advertisement of an ordinance. He said Mrs. Tiffany should not be treated differently from everyone else in the county. Under the existing county ordinance, or the more restrictive ordinance which the Board is considering, she would be allowed the sign. They do not want a billboard, although he does own other land in Albemarle County, a tract only 1000 feet away, on which he co, id erect a billboard facing 1-64 which would properly identify Mrs. Tiffany's place of business, and there is no permit which would be required. He said this would be an awful thing for the Board to force them to do. Mr. Wheeler said if the Board allowed a sign of 100-sq. ft. facing Route 250, F h e had not realized, that on property of this kind, that they would be allowed more than one sign. Mr. Wood said they are allowed 100-sq. ft., however it is split up. Miss Mary Joy White, member of the planning staff, said they could have a wall ~'- sign and a free standing sign. Mr. St. John said the ordinance reads "the aggregate of all such signs shall not exceed 100-sq. ft. Mr. Wheeler asked if they could have a free standing sign and a wall sign. 11-15-73 382 Mr. St. John read: "No more than two free standing signs on any one lot or premise and the aggregate of those signs shall not exceed 100-sq. ft." The wall sign would be in addition to the free standing signs. Mr. Batchelor asked if the Board had not excluded the free standing signs in approval of this permit. A member of the public asked that the conditions of approval .given this permit be read. The Clerk read the following: 1) Approval of the highway department for entrance permit and proper drainage structures under the fill. 2) No sign other than one identification sign of four (4) square feet be permitted. 3) No signs to be located in view of 1-64. 4) Only one ~(1) 50 ft. entrance as indicated on the supplemental plan. 5) Deceleration lane.~and acceleration lane to be built to Highway Department standards. 6) The 20 ft. road is to be restored to its natural condition after construction is completed. Mr. Wheeler said only one (1) four-square foot sign was allowed in the permit. Mr~ Tiffany said that was not true. Mr. Wheeler said the conditions read are from the approved minutes of the Board. Mr. Tiffany said John Humphrey was ready to come to this meeting to say that was not what he said. A gentlemen in the audience said that was his recollection and that was exactly what was said. Mr, Wheeler gavelled the meeting to order again. He said the Board would give the public time to speak. He asked Mr. St. John if the conditions stand. Mr. St. John said the minutes have been approved and if they are at odds with the permit, the minutes prevail over the permit. If they are at odds with the tape and the tape is still in existence, then the Board may correct the minutes if it is brought to the Board's attention that they are blantantly wrong. Until such time as the Board elects to call for the tape and listen to the tape and on the basis of that tape correct the minutes, the minutes stand as the best evidence of what conditions were imposed. Mr. St. John said he would like to clarify one point. The definition of a country store arose because someone questioned whether or not the application was p~operly before the Board for a country store rather than a novelty shop or some other kind of a store. That arose in the context, not of the customers to be attracted and whether they were to come from 1-64 or be tourists or local citizens, but rather in the context of the type of merchandise to be sold. The definition of a country store in the ordi- nancy lists different types of merchandise, primarily most of the following articles for sale; bread, milk, cheese, canned and bottled foods, etc. The question was whether this would still be a country store if Mrs. Tiffany intended to also sell knick knacks, home-made objects of art, etc. That had nothing to do with the sign or the question which is before the Board today. Mr. Wheeler then asked for comments from the public. 11-15-73 383 Mrs. Seldon asked if the opinion was based on items specified as knick knacks or crafts. Mr. St. John said he could not remember, but they were objects which are ~-- not the specific ones named in the ordinance as being charaCteristic of a country store. Mrs. Seldon asked if that did not amend the ordinance. Mr. St. John said no, the ·ordinance says "primarily." By having the word primarily there, the ordinance envisions that there will 'be other items sold which are not listed. Mrs. Seldon asked if there is anyway to check back to see if this is defined as craft-items. Mr. Wheeler said the only matter under consideration today is whether or not the Board is going to amend these conditions to allOw an additional sign and he asked that the public confine their remarks to this point. Mr. Wendall Jackson said he lives within a few hundred yards of this property. When he bought this land he understood that this interchange would be residential. He said it would be helpful to the residents of the area to know what the plans are for this area so they may make plans for the future of their properties. If the Board plans to encourage commercialization, the citizens would like to know so they can plan accordingly. Mr. Wood asked Mr. Jackson if he'would be able to see the sign from his property. Mr. Jackson said no. Mr. Wheeler said that most of this area is zoned A-1 and he felt it was only '-- reasonable for the citizens to think that those items which are allowed in'the A-1 I._ zone will be allowed in this area. There has been no rezoning on this property. Mr. Fisher said he felt Mr. Jackson has a point. There has been no rezoning, but in effect, there is a commercial store there and whether or not there has been a rezoning, it has the same effect. Mr. Thacker said the circumstances concerning the original permit were somewhat unusual. This piece of property was split by a zoning line. The Tiffany's could have relocated their store onto an adjacent part of this property and received a permit to construct a commercial store in the existing zone with no special permit. Mr. Thacker said he has no intention of proliferating commercial establishments along Route 250, east or west. Mrs. Ellen Craddock read the following statement: "I believe that the intent of the Supervisors in granting SP-261 for construction of a country store in an agri- I._ cultural zone was that the store was to be country in nature and serve the rural area residents In doing this, the store, in character, was to be compatible and harmonious with the region, and therefore, the Supervisors were careful to place a condition on the permit that no sign would be visible from nearby Interstate 64. In allowing the ~"applicant to remove this sign condition and to place a large sign visible from route '- 64 would not only mar the scenic beauty of that highway, but would indicate that the country store was indeed intended as a touriSt attraction. If the latter intent had been indicated originally by the applicant, it is my sincere belief that this special permit would have been denied on the grounds of being out of character with the 11-15-73 384 surrounding area of the Greenwood district." Mrs. Janice Carter opposed the sign saying it would detract from the scenic beauty of 1-64. She felt this would encourage more permits of this type on-agricultural property and destroy the atmosphere of that part of the county. Another item, attrac- ting tourists, could be done through advertising in This Week Magazine, published by the Chamber of Commerce. Mrs. Jenny Teel, representing the Ivy Citizens Association, was next to speak. They suggested that this store, without the conditions imposed by the Board, is in violation of the zoning ordinance. She asked that the Board deny the special use permit. Mr'. Wheeler again ~topped the meeting to say that the Board was considering only amending the conditions to allow an additional sign. Mrs. Seldon said they were only asking that the conditions on the special use permit be observeMr. Wheeler said it did not sound like that. Mr. Richard Carter asked if the Planning Commission had voted-to amend the condi- tions on this special use permit. Mr. Wheeler said no. Mr. Carter said it is a beautiful area and he would hate to think that this Board would ever be coerced into approving a small sign on one side of the road to prevent a billboard on the other side of the road. Mrs. Elizabeth Rosenblum, speaking for Citizens for Albemarle, ask that the Board deny this request and keep the original conditions imposed. Speaking for herself, Mrs. Rosenblum said the Supervisors in this area had opposed the granting of this permit. Since a special use permit is a discretionary matter of the Board and the people in the area feel this would harm the area, she would like to see more consideration given to the feelings of those individuals representing that district. Mrs. Seldon asked if there was damage to adjacent land by erosion, by tremendous cuttings, etc., if the damaged party would be allowed to return to the Board and ask for further conditions to be imposed on the special use permit. Mr. Wheeler asked Mr. St. John for an opinion. Mr. St. John said he did not feel the Board could make a general statement on the subject at this time. If, and when a factual situation comes to the Board's attention, he will form an opinion as to whether the Board has the power to this. It would then be left to the Board as to whether or not they wanted to impose further conditions. In general, an applicant receives a vested right to his use, with the conditions imposed, at the time it is approved because he ordinarily acts on the basis of those conditions. The Board cannot go back and impose more stringent conditions, but he was not prepared to say there are never any exceptions. Mr. Wheeler then asked for comments from the Board members. Mr. Fisher said Mr. St. John has said that the Board may impose reasonable condi- tions whether or not they might not under other circumstances be too restrictive. There- 11-15-73 385 fore the size of the sign and whether or not the sign Will be permitted is certainly a part of the Board's discretion in granting the special permit. Mr. St. John said that is correct. If this had been a use by right, the sign ordinance by right would have applied. The special use permit procedure gives the Board discretion to put conditions of varying kinds on permits. Mr. Carwile said at the time the Board. heard this special use permit, he suggested that the Board impose a restriction that no sign be visible from Interstate 64. He said he did agree with Mr. Fisher in general that the special use procedure does gi~e the Board the ability to impose certain conditions on an applicant. HOwever, there were unusual circumstances involved in this case. A portion of this property was already zoned commercial. If they had chosen to locate the store on another part of the property, this sign would have been allowed under the general sign ordinance. He said he did not think a citizen should be, in effect, penalized for coming under the special permit procedure. Mr. Carwile said he did not like being put in the position of arguing for signs visible from 1-64 because he was personally not in favor of same and that is why he initially suggested that the Board include this restriction on the special permit. He and Mr. Fisher had on several occasions suggested that all billboards in the county be eliminated and he supports the elimination of nonlocation signs on 1-64, for aesthetic reasons. He felt the Board is denying one person what is permitted many ~-~ others, and mentioned the signs at the Shadwell interchange. For that reason, he offered motion, that in fairness to this particular applicant, that the restriction in the special use permit that no sign be visible from Interstate 64 be removed, and the restriction be whatever rest.riction is imposed in the general sign ordinance in the A-1 district. Mr. Wood gave second to the motion. Mr. Thacker said to clarify the motion, the motion is to allow signs on this property as would be allowed under the general sign ordinance. Mr. Carwile said yes, for this property owner. Mr. Fisher asked what that meant. Mr. Wheeler asked if it meant that there would be three free standing signs of 100-sq. ft. and a wall sign. Mr. Fisher said he bitterly opposed this change since he feels it tends to subvert the total concept of special permits by actual~zoning on a permanent basis. He said the conditions imposed on the permit were in the minutes and approved before-construction of the building took place. He felt this applicant was well aware of those conditions, although he does protest them at this point. He said this would be a very bad precedent for the Board to set and would also be a detriment to the future of western Albemarle County. Mr. Carwile said the issue which is being voted on today may lead the Board to take ?' a look at the sign ordinance with. respect to a more restrictive sign ordinance, and he would be inclined to support such a move. Until that time, he said each applicant should be treated on the same basis. Vote was taken at this point and was recorded as follows: AYES: Messrs. Carwile, Thacker and Wood. NAYS: Messrs. Fisher, Henley and Wheeler. Mr. Wheeler said he did not support the motion because he felt that in removing all conditions, the Board is allowing a sign visible from 1-64 and Route 250. I~ some moderate amendment had been presented, he may have supported the motion. He asked that the Board reconsider the motion. Mr. Carwile said he would prefer to see no free standing sign on the site visible from 1-64. Mr. Thacker said he supported the motion because he agreed with Mr. Carwile that all applicants should be treated in the same manner. He offered motion that the Board reconsider the original motion. This motion was seconded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwile, Henley, Thacker, Wheeler and Wood. NAYS: Mr. Fisher. Mr. Thacker then offered motion to amend Mr. Carwile's motion to allow one wall sign of a design identical to that which Mrs. Tiffany had submitted, the sign to be limited to 50-sq. ft, which is more particularly described as the smallest rectangle totally enclosing the lettering. This motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Carwile, Henley, Thacker, Wheeler and Wood. NAYS: Mr~ Fisher. Mr. Tiffany said the tape showed that the minutes of the previous meeting are not correct. Mr. Wheeler said this motion corrects that. Mr. Tiffany said, in other words, there will be no sign visible from Route 250. Mr. Wheeler said this allows one sign of 50-sq. ft. on the building and asked Mr. St. John if that was not correct. Mr. St. John said this is not an amendment to those minutes. Mr. Batchelor said he is still allowed the one sign of four-square feet. Mr. Thacker said the Board had only amended the one condition. Mr. Wheeler called the meeting back to order. Mr. Tiffany said he understood that the Board would allow one 50-sq. ft. sign facing 1-64, design to be exactly like the design Mrs.-Tiffany had presented to the Board earlier. Mr. St. John said you do not go by what was heard on the tape, but by what is in the minutes. The conditions set out in those minutes have been amended by these minutes. Mr. Tiffany asked if they would be allowed the one sign facing 1-64 and the other sign that is mentioned on the tape would be ruled out by this amendment. Mr. Thacker said it was not his intention in amending Mr. Carwile's motion to eliminate the one four-square foot sign. The intent of his amendment was to eliminate the condition that no signs would be visible from 1-64. 387 Mr. Wheeler said this would allow a 50 ft. sign on the building and the one four-square foot sign. At 12:30 P.M. the Board recessed for lunch and reconvened at 1:30 P.M. Mrs. Kate Hallock, Albemarle County representative of the Regional Library Board, was present to request that the Board adopt a resolution asking full' funding for state aid to public libraries. Mr. Carwile offered motion to adopt the following resolution: WHEREAS, funds for State assistance to libraries are currently budgeted at levels substantially below the maximum allowable under State law; and WHEREAS, increased State financial assistance to local libraries is badly needed to enable local governments to provide the level of library services which will enable the citizens of this Commonwelath to achieve their maximum educational and cultural development; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, that it is the sense of this Board that an increased commitment of State funds for library purposes is in the best interest of all citizens of Virgina; and BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Governor of this Commonwealth and that he be urged to recommend to the General Assembly the appropriation of the fully legally allowable amount of library funds in the next biennial budget. Mr. Carwile's motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Henley, Thacker, and Wheeler. None. Mr. Wood. Mr. Raymond Williams said that the people most effected by the resolution at this time are the General Assembly and he asked that the Governor's Budget Committee and the local representatives in the General Assembly, the Governor and the new Governor, be sent a copy of this resolution. The Clerk was asked to send each Board member a list of Airport Commission members and the termination of their respective terms. Mr. Fisher said at the T. J. Planning District meeting last Tuesday, a member of the staff of the State Air Pollution Control Board, gave a report on proposed regulation concerning the control of new or modified direct and indirect sources of air pollution. He summarized this report for the Board members present. He said the Planning Commission and the public should be made aware of a meeting on this matter in Committee Room 4, State Capitol Building, on November 26, 1973, at 9:00 A.M. Mr. J. Harvey Bailey, County Engineer, was present. He stated that pursuant to instructions from the Board, the engineering department has made an analysis of the direct operation of the county's two landfills by the county. They also contemplated the joint use of sanitary landfill No. 1 by the City of Charlottesville. They attempted to consider personnel, equipment and improvements in making their estimate of costs. There was no input from the City of Charlottesille, since they felt it was best to examine the probabilities first and reach some basic conclusions before sending a plan 11-15-73 388 for the city's consideration. Mr. Bailey presented a written report to the Board and ended by stating that the cubic yardage of solid waste material generated by the city and county has been estimated to reach 400,000 cubic yHrds by 1974. Assuming that a minimum of 300,000 cubic yards will require burial, a total of 300,000 cubic yards of trenching will have to be excavated. This work could be contracted, however, it is unlikely that the work would cost less than $0.50 per cubic yardcor a total of $150,000. This is a greater sum than is estimated in the operation proposed in the report. He said he has discussed the soil conditions at the Ivy landfill with Mr. Earl Brunger. He under- stands that Mr. Brunger's previous study of this site covered approximately one-half of the 300-acre tract. The area studied was found to contain deep soils of a consistence desired for use as a landfill. One large draw runs through a corner of the area examined. This is the fill area of SLF-1 which has now been completed. They are now ready toJbegin pit operations in the deep soils area of Mr. Brunger's study. He also stated that State Route 637, which carries almost the entire traffic load for the landfill, is in need of rebuilding, if the use of SLF-1 is to be a joint operation. The probable cost of this rebuilding has been discussed with Mr. R. G. Warner, Resident Highway Engineer. Mr. Warner estimates that 20 feet of pavement with grading and drainage will cost approxi- mately $300,000 for the three miles involved. To this must also be added the acquisition of additional right-of-ways, amounting to some 3.65 acres. This is estimated at $2,000 an acre or a total of $7,300. With 30% added for surveying, design and inspection, the approximate cost would be $400,000. Mr. Wheeler said he assumed that from the investigation made, the Ivy landfill site is suitable for a joint operation. He asked if any definite amount of time had been assumed. Mr. Bailey said no, however, Mr. Brunger has indicated that they have not begun to work in the best depth for soil areas. Mr. Batchelor asked Mr. Bailey if it could be anticipated that the 100 or so acres that have not been used would last for a life of 20 years. Mr. Bailey said he did not wish to speculate on this question. Mr. Wheeler said he felt the instructions of the Board were to investigate the total area and to estimate a lifetime for this landfill operation. He said this was needed immediately. Mr. Fisher said concerning the road, Mr. Warner had given the Board an estimate earlier in the spring of $475,000, however, he felt that Mr. Bailey's estimate was not too far out of line. He asked if Mr. Warner had given any indication of when this road could be upgraded. Mr. Bailey said no. Mr. Batchelor asked how long it would take for an outside engineering firm to draw plans and specifications for this project. Mr. Bailey said it would require a lead period of three months. Mr. Wheeler said the Board was not asking for speculations, but need to know how long it will take to build this road, how much this project will cost and what the potential is of the 300 acres. He said this information is needed immediately. 11-15-73 389 Mr. Fisher asked that this also include wha%~'special costs would be involved in attempting to handle the traffic on this road, while the highway department is working on the upgrading of the road. ~Mr. Batchelor said this report will be ready for the Board within a week. Mr. BatchelOr said the Board had asked the staff for a tentative budget for imple- mentation of the Land Use Tax Ordinance since the effective date has been delayed for one year. The staff reported two methods of lowering the application fee: (1) to keep the $15.00 application fee per parcel and eliminate the $0.10 per acre charge or (2) to reduce the application fee to $10.00 per parcel with a $0.05 per acre charge. This would in'fact cut the application charge in half. Mr. Henley said he felt the people who own hundreds of acres will be the ones who will be hurt by the application fee because of the different number of parcels owned. He recommended that the fee be changed to $15.00 per owner, with a $0.10 charge for each additional acre. After several different methods of changing this application fee were discuSsed, a concensus was reached and Mr. Henley offered motion to advertise for a public hearing on December 20, 1973, at 10:30 A.M., an amendment to the Land Use Tax Ordinance, chang.ing the application fee to $0.15 per acre with a minimum charge of $15.00 per individual owner and a stipulation that these fees may be changed by resolution of the Board. 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. Mr. Wheeler said he had received a letter today on the energy crisis and read the following: "November 8, 1973 Dear Local Government Official: Our Commonwealth is facing, during the forthcoming winter season and perhaps for the next several years, one of the most challenging threats to our citizens which we have experienced in many years-- that of a very serious energy shortage. The production capabilities for natural gas, propane, gasoline and heating oils simply have not equalled the increased consumer demands and the supply is not expected to again be in balance for several years. It is therefore imperative that we in government promote conser- vation on the part of every citizen, and to accomplish this we must take the initiative and set the example. I have, by executive order, implemented a plan in State government designed to reduce energy uses by 10%. I recommend to you and solicit your cooperation in implementing a local plan which may include, among other measures, the following energy saving suggestions: Set thermostats to maintain not more than 68 degree temperatures in all areas. Reduce thermostats another 5 degrees at nights, on weekends and holidays. J Reduce lighting as much as possible consistent with safety and health of employees and others using a facility. 3. Turn off all lights in all offices and other work 11-15-73 3'90 spaces, except those in hallways and fire exits, during non-working hours. 4. Request that car pooling be practiced insofar as possible in order to reduce mileage to and from work and on official business. Limit trips to situations where it is not feasible to transact business by other means. 5. Require all personnel under your jurisdiction operating vehicles on official business not to exceed speeds of 50 miles per hours. 6. Encourage the. installation of large fuel oil tanks to reduce frequency of deliveries and allow storage during off-peak seasons. 7. Consider restricting or limiting as much as possible, outdoor advertising requiring electrical or gas energy sources. Cordially, (Signed) Linwood Holton" The Board had received a letter from George H. Gilliam, President., Holidays Trails, Inc. asking that the Board waive building permit fees imposed on the construction of a dining hall on the Camp Holiday Trails site, Route 702, Albemarle County. Mr. St. John said it was his opinion that under State law there is no provision for tax exemption for the county's part of this service. The Clerk was ordered to advise Mr. Gilliam of Mr. St. John's opinion in this matter. Mr. Wheeler said he had received a copy of a letter from the State Water Control Board advising that they had continued the hearing held in September on the Meadow Creek plant, etc., to another hearing on December 10. At this time they will hear a progress report, and if that report is satisfactory the hearing will again be continued. At 2:40 P.M. the Chairman entertained a motion to adjourn this meeting until 4:00 P.M. on November 27, 1973, in the Board Room for a meeting with the School Board concerning school construction and the 1974-75 school budget. Such a motion was offered by Mr. Fisher, seconded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None.