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HomeMy WebLinkAbout1974-01-17z 60 1-17-74 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on January 17, 1974, at. 9:00 A.M., in the Board Room of the County Office Building, Charlottesville, Virginia. Present: Messrs. Stuart F.~ Carwile, Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. Absent: None. Officers present: County Executive and County Attorney. The meeting opened with The Lord's Prayerr led by Mr. Wheeler. Upon motion by Mr. Fisher, the minutes of the meetings of October 18, October 24 (afternoon) and October 24 (night) were approved with the following corrections: Page 316, first line, change word "required" .to "recommended"; Page 343, second line, change "asphalt shop roads" to "asphalt shot roads"; page 341, 14th sentence should read; "Mr. Batchelor said he did not not ask Dr. Hurt for more because this is an adequate amount to cover costs estimated by the highway department." 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. Mr. Wheeler asked Mr. R. G. Warner, Resident Highway Engineer, if there is a problem obtaining rights of way for Route 808. Mr. Warner said it is highway depart- ment policy that rights of way for additions to the system must be obtained at no cost to the Commonwealth. In the past, they have done this work as a service to the locality, but the highway department no longer has sufficient staff to obtain these rights of way and they now adhere to existing policy. It is the responsibility of the people request- ing these additions to provide and. have the right of way recorded. Mr. Wheeler said he will be glad to contact Mr. W. F. Kirby and see that Mr. Kirby takes care of this matter. Mr. Warner said the property owners will need to execute a deed and the highway depart- ment furnishes a standard form for this. Mr. St. John said he understands that they need a deed. He asked if a plat is also required. Mr. Warner said no. The property owners must have a deed notarized and recorded. In the initial stages the property owners sign a petition. When the Board passes a resolution requesting that this road be taken into the secondary system, they must guarantee a 40 foot right-of-way. Mr. Wheeler asked if anyone had contacted these property owners telling them that a deed is required. Mr. Warner said he had talked to them one time. He said they were not aware of this stipulation. Mr. St. John asked if someone from the Highway Department has to examine the title to the property to make sure that all the people signing are on the deed. Mr. Warner said the highway department will do this. Mr. Fisher said he is concerned because there is a similar situation concerning a road at Crossroads. He went to. the property owners and had a petition signed. The Board then recommended acceptance of the road. Now the work cannot be done because this legal matter needs to be straightened out. Mr. Wheeler said the only way to get 1-17-74 ~J- 6 2 this straightened out .is to have someone on the County staff take the papers to the property owners, have them signed, notarized, etc. He asked that Mr. Batchelor and  M r. St. John handle this matter. Mr. Warner said he will be ready to make a final report to the Board in February on a request to abandon a portion of old Route 53. The Clerk was ordered to write Mr. M. Joseph Conte that this matter will be on the agenda in February. Upon motion by Mr. Thacker, seconded by Mr. Fisher, the Clerk was ordered to advertise for a public hearing on February 21, 1974, at 9:30 A.M~, abandonments along Route 602, as requested by the Highway Department. The motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. The Board received a communication from the Department of Highways, in relation to an environmental evaluation for Route 20, Project 0020-002-108, PE-101, Town of Scottsville/Albemarle County. They asked for commen%s from the Board. Mr. Thacker said he had tried to contact the Mayor of $cottsville, but he is out of town. He feels this is basically a Town matter and the Clerk was Ordered to advise the Depart- ment of Highways of this. Mr. John Humphrey, County Planner, was present. He said the Chairman had asked --- for a full report on the status of Jefferson Village Roads. There are 10 lots vacant out of the original 83 lots. Of these 10 lots, nine lots are presently owned by J. H. Williams. Of the occupied lots, one building is unoccupied and one building is under construction. Tax records show that there are still 26 lots owned~by J. H. Williams, et als. All of these are occupied, with the exception of one. The Planning Department has talked with Mr. Warner at the highway department to ascertain the history of these roads. The highway approved plans for streets were approved July 1, 1968. On March 19, 1970, Mr. Coates talked to Mr. Orbin Carter, Attorney, regarding taking these.roads into the state system. At this time, he was adwised of conditions and was to have Mr. Williams contact_ the highway office. On May 27, 1970, Mr. Williams was advised that he needed ~a resolution of the Board and this was made on June 24, 1970. He was advised that a $2,500 performance bond was needed and if roads were ready by July 1, ~.. 1970, no maintenance bond would be required. He was also advised at this.time that some work was needed on the roads. Mr. Warner said the highway department never received t the bond. On July 28, 1971, Mr. Williams wrote the County asking the status of the roads. On December 6, 1971, Mr. J. R. Aylor, drainage Engineer from Culpeper and Mr. Coates met with Mr. Williams to view the streets. There were several items of work ~-- which had been done per a previous meeting on October 18, 1971. On December 3, 1971, the only streets qualifying were Colonial Drive and Tompkins Drive, since the short cul-de-sac streets did not meet residency requiremgnts. There were several items of work to be done on Colonial Drive and Tompkins Drive and these were outlined to Mr. 46? 1-17-74 Williams in a letter dated December 6, 1971. He was also advised at that time to contact the highway department when that work was completed. Mr. Warner saidhis files do not indicate any notice as to when this work was completed. At the December 6, 1971, meeting, Mr. Williams requested pipe size to enclose a drainage easement at the out fall on Colonial Drive. An 18" concrete pipe was recommended. Subsequently, this drainage easement was enclosed with an 18" corregated pipe. This necessitated construc- tion of a certain type of catch basin at all junction points in the 18" line. Mr. Warner said his files contain no correspondence after October 19, 1972. The highway department has met and discussed what was needed on several occasions, however, Mr. Williams never followed up on the matter. Therefore, it has never been concluded. Mr. Warner said he looked at the roads in Jefferson Village on January 8, 1974, and there is a~10t of minor work to be done. There are several places where things have been placed by the individual lot owners, on the right of way and these may have to be removed. Mr. Warner said he would meet with Mr. Williams again and they-hope these matters can be concluded if Mr. Williams will furnish the highway department with a bond. Mr. Wheeler asked if a bond had been posted with the County for these roads. Mr. Humphrey said the only bond that wa.s found in the files is an agreement between the contractor and the developer and a personal check of Mr. Williams'. He said this has been referred to Mr. St. John for review. Mr. St. John said the question submitted to him was whether or not the contract was properly bonded. He said he had drafted a letter to Mr. Batchelor saying that the contract is not properly and adequately bonded. The reason it is inadequate is because it a personal check rather than a bond. Mr. Williams needs to present a bond securing the contract. Mr. Wheeler asked that the Board notify Mr. Williams to come in and meet with this Board. He said he is not willing to continue issuing building permits in Jefferson Village as long as the roads have not been accepted into the state system. Mr. St. John asked if the check had been cashed and the money kept in an escrow account. Mr. Batchelor said no. He said Mr. Williams had. wanted to give the County a personal check and when Mr. Batchelor told him that check would be no good, he brought in a contract showing that the contractor was bonded to do business. Mr. Wheeler asked that Mr. Batchelor and Mr. ~Warner contact Mr. Williams and have him come to the February Board meeting or earlier. Mr. Wood said the Board should instruct the staff not to issue any more building permits .until this matter is concluded~ Mr. Wheeler said if that was the pleasure of the Board, he would support such a motion. Mr. Wood offered motion to impose a moratorium on the issuance of building permits Subdivision until the matter of having roads in for any vacant lots in Jefferson Village such subdivision accapted into the State Secondary System is finalized. The motion was seconded by Mr. Thacker and carried, by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler .and Wood. 1-17-74 463 NAYS: None. Mr. Wood asked that Mr. Williams be called and asked to come to this meeting later ~" in the day. _ The following communication was received from the Virginia Department of Highways: "January 11, 197.4 Board of Supervisors of Albemarle County Charlottesville, Virginia 22901 Gentlemen: Secondary System Addition Albemarle County As requested in resolution by your Board on November 28, 1973, the following addition to the Secondary System of Albemarle County is hereby approved, effective January 1, 1974. ADDITION WESTMORELAND~SUBDIVISION LENGTH Berwick Circle - From Berwick Court (Route 1441) to Cut-de-sac 0.036 Mi. Sincerely, (Signed) J. E. Harwood Deputy Commissioner and Chief Engineer" (Mr. Carwile abstaining during the following discussion.) Mr. Thacker asked for a status report on a request for Industrial Access Funds. Mr. Batchelor said Exhibit "A" to the agreement is being revised due to drainage that was not in the original estimate of the highway department. At this point, the agreement, with Exhibit "A", as directed by the Board of Supervisors has not been fulfilled. Mr. Thacker asked the status of the balance of the roads in this system. Mr. Hill said he now has apprOved plans for Westfield and Greenbrier on the east side of Route 29. All the approved plans for the west side have been returned by the highway depart- ment and they are now working on the break through at Commonwealth Drive. This work will be completed within three months. He asked that the building moratorium on these roads be lifted. Mr. Humphrey said a subdivision plat was filed yesterday showing further division and the staff asks directions on this. He asked if bond requirements should be waived if Dr. Hurt secures the work that is being done. He said this is also tied to the building moratorium. Mr. Hill said he understood that if Dr. Hurt made the original bond good with certificates of deposit, which he did, that this was all that was needed. Nothing was said about the Industrial Access Funds. Mr. Thacker said the intent of the moratorium was to straighten out the whole matter, including Greenbrier, Peyton and the additions to Commonwealth and Westfield. Mr. Batchelor said those roads which the moratorium has reference to are also part of the industrial access agreement. He said the roads from Barnaby's to the turn off are in the system. Past that toward the apartment houses 464 1-17-74 is not in the system and that is part of the industrial access area. Unless these funds are obtained, completion date and when this will be accepted into the system is indefinite. He understood that once the request for industrial access funds was sent in, the Board's 1~ wishes had been fulfilled. Mr. Thacker said if industrial access funds are not obtained, the Board will be back to the place they are now. It was his intent when the moratorium was placed that this not be lifted until the roads are brought up to standard so they can be brought into the state system. Mr. Wheeler said he felt there was a deadline on the bond, but he .would support lifting the moratorium and placing another if this matter is not concluded. Mr. Thacker asked if the owner of the property is willing to provide financial assurance to the Board for Commonwealth .and Westfietd and in addition that if industrial access funds are not provided, that the work will be performed. Mr. Wood said he felt that jeopardizes everybody's position in getting industrial access funds if they state at this point that they will do the work anyway. Mr. Hill said it was agreed that Dr. Hurt would make the bond good and participate in the request for industrial access funds. They now have a set of working drawings on Greenbrier and Commonwealth and would like to sell some land. The road must have 51% other ownership before the roads can be accepted, but the roads can still be used for public access. They are not going to Stop work, but they feel that their hands are tied. Mr. Wheeler asked if this could be placed on the agenda for Wednesday, January 23, 1974. Mr. Thacker asked if the owner would be willing to provide the County with some type of financial assurance in the form of a bond or something acceptable to the County on Commonwealth and Westfield Roads. Mr. Humphrey said the County can require a bond because they now have a subdivison plat pending. Mr. Thacker said if the County had such assurance, he would not hesitate to lift the moratorium on that portion. He would hesitate to vote for lifting the moratorium on the other portion of Greenbrier- Peyton until such time as there is some notification on the request for industrial access funds. Mr. Batchelor suggested that instead of the Board discussing this matter again on Wednesday night, that the moratorium be lifted, and if the industrial access funds are not forthcoming, it would-then be up to Dr. Hurt to either bring the roads into the system right away or put up surety. If he does not do that, the Board can then place another moratorium. Mr. Wood suggested that this be put on the agenda for Wednesday, the staff have all the papers signed by that time, and the Board can lift the moratorium. Mr. Wheeler said that by approving the subdivison plat mentioned, that the County can require a bond on that portion. Mr Thacker offered motion that provided the County is furnished surety on the upgrading of Commonwealth and Westfield Roads to bring them into the state system, that the building moratorium be lifted on any properties on those roads, that the County 1-17-74 retain the moratorium on Greenbrier and Peyton Drives until such time as this matter is resolved. The motion was seconded by Mr. Wood. Mr. Thacker said he would not wote for lifting the moratorium on the other section until the Board has some word on the industrial access roads. He said the County had been working on this problem for over a year and it is still not resolved. Mr. Hill asked if the agreement is signed on the industrial access funds, if he can come back to the Board on Wednesday night to have the moratorium lifted on the rest of the roads. Mr. Wheeler said he could present the request to the Board. Vote was taken at this point and the motion carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. ABSTAINING: Mr. Carwile. Mr. Humphrey said the County is holding a bond for $11,000 on Westfield and every- thing is in order. Mr. Hill has requested that this be released in view of the highway department's comments on it. Mr. Wheeler said he is not in favor of releasing the bond until it is accepted into the system. Mr. Thacker asked if there is any reason why it would not be accepted if it has been inspected and approved by the highway 'department. Mr. Warner said no. The papers have been processed on this section. Mr. Wheeler asked if a bond has been posted withe the highway department. Mr. Warner said no maintenance ~'~ bond has been posted. Mr. Hill said the bond held by the County is for construction. Mr. Wheeler said if a maintenance bond is posted, he will support this. Mr. Henley said he had received complaints about grading and drainage at Blue Ridge View. Mr. Donny Woodson, Zoning Inspector, was present and said there were only minor problems. There is not over 15,000 square feet of grading, so no grading permit is required. Withers Construction Company had agreed to seed and this has not been done. Mr. Henley said it was early to seed. Mr. Wheeler asked Mr. Warner to check the intersection of Route 769 to the east of Route 29 North. He said there is also quite a lot of traffic at Route 722 off of 250 East toward Route 731, the road to Pleasant Valley. He said there is development taking place along this road and the road is quite rough. Mr. Wheeler asked that the Zoning Administrator check the placement of a mobile ~-- home on Route 744 near Route 250 East near the Silver Skillet to see if a permit had t been issued for this trailer. On the agenda for this date, for 9:30 A.M. was a request from citizens of Crozet to speak about the dog leash law for that area. No one appeared to speak. At 10:00 A.M., the Chairman called for a public hearing as advertised in the Daily Progress on January 4 and January 11, 1974, for adoption of the following ordinance: '466 1-17-74 ORDINANCE Stating repayment dates for all real estate taxes in excess of the amount lawfully assessed and collected during the years 1970, 1971, 1972, and 1973 BE IT HEREBY ORDAINED by the Board of County Supervisors for Albemarle County: WHEREAS, the County in 1967 adopted a cyclic method of assessing real estate taxes; and WHEREAS, the Supreme Court in the case styled Perkins v. Albemarle County has declared this method of assessment to be unconstitutional, unlawful and erroneous; and WHEREAS, taxes collected for the years 1970, 1971, 1972, and 1973, pursuant to such cyclic assessments are, under the terms of the decision of the Supreme Court in said case of Perkins v. Albemarle County, local levies erroneously paid within the scope of Section 58- 1.152.1 of the-Code of Virginia (1950) as amended; and WHEREAS, it is the desire and intent of the governing body of Albemarle County that any and all real estate taxes collected in Albemarle County under the method of assessment declared by the said Supreme Court to be unlawful, shall be refunded as soon as practicable; NOW, THEREFORE, BE IT ORDAINED that all real estate taxes in excess of the amount lawfully assessed and ~collected, from any and all tax- payers of Albemarle County, during the years 1970, 1971, 1972, and 1973, be refunded to such taxpayers according to the following time schedule: Ail 1973 real estate taxes which have been paid and which are in excess of the amount lawfully assessable and collect- able shall be refunded within the first six (6) months of the year 1974; Ail taxes above the amount lawfully assessable and collect- able for the years 19.70, 1971, and. 1972, shall be refunded no later than December 31st, 1974. In lieu of direct refunds, the Commissioner of Revenue and the Director of Finance are empowered .to give taxpayers abatement or credit on 1973 or 1974 real estate taxes where practicable. No one from the public spoke for or against the above ordinance. Motion was offered by Mr. Wood to adopt the foregoing ordinance. 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. Batchelor said a memorandum had been mailed to the Board of Supervisors about real estate department procedures and costs to comply with the Supreme Court decision during 1974. In order to make a complete, physical reappraisal of the County it will cost approximately $140,000. This figure includes the addition of a map & deed reader and a transfer clerk, who would have been added to the department regardless of the annual assessment program. Also included in this figure is $25,000 for conversion and relocation of the parks garage to office space for the real estate department. Mr. Batchelor said several outside appraising firms where contacted and the only one avail- able is Wingate. Mr. Wingate has given a competitive price and has said that the appraisers will work under, the County's direction. Mr. Wheeler asked if this $140,000 is in addition to the normal costs of the real estate department. Mr. Batchelor said yes. Mr. Robert Sampson said that the total cost of the outside appraisers is included 1-17-74 in this figure, however, there will be some additional costs in the 1975 budget for clerical help. Mr. Fisher asked the time frame for finishing the physical reappraisal. ~-~ Mr. Batchelor said this will depend on how fast these outside people can work with the County's staff and what is found when in the field. However, this should be completed by the end of October. Mr-. St. John has indicated to the Boar.d .that by reverting to the 1967 reassessment, the law allows some additional time for completion of this reassessment. Mr. Thacker asked if the appraisals must be on the books by the end of the year. Mr. Batchelor said if the County goes by the six year assessment law and then converts to an annual assessment, there is an extension in the law which gives the County until February to have this on the books. Mr. Wood said he hoped the County would not have to do this. He~.felt the assessments~.sho~ld be on the books so the notices~-can~go Out~in~.~he~fatt. The Board can then comply with the Supreme Court Order and not have any questions. Mr. Wheeler said he has been investigating the $8.00 per parcel figure quoted by Mr. Wingate. He said in talking to appraisers, this seems to be a reasonable figure. The County could possibly get a cheaper price, but the people giving him cheaper figures are not the quality appraisers he would like to see doing, this job. H,e said it will cost this much to hire top appraisers. They will also be furnishing their own transportation and housing. Mr. Wood offered motion to adopt the following resolution: B.E IT RESOLVED by the Board of Supervisors o-f Albemarle County, Virginia, that $140,000 be, and the same hereby is, appropriated from the General Fund and transferred to the General Operating Fund for expenditures by the real estate department, and expenditure of these funds is hereby approved. The foregoing motion was seconded by Mr. Carwile. Mr. Thacker asked if this committed the County to an annual reassessment program or if this is to get the County on a current basis. Mr. Batchelor said the County is already on an annual reassessment program unless the Board takes action to reverse that policy. Mr. Wood said it is not his intent to go off of an annual assessment, but only to get closer to it. Mr. Wheeler said this is also his intent. He said he has part of a copy of a Study Commission Report and it recommends that there should be state control to see that all counties follow the same procedures. It also gives the ratings of the counties and the programs that they now have. The program that the County has been using put Albemarle in the first six counties with the best assessment programs in the State of Virginia. Mr. St. John said this point was used in the Supreme Court Case. Mr. Wheeler said he felt it was important that the program the County had, which they are having to abandon, was one of the six best in the State of Virginia, and evidently that is not good enough. That~is one of the reasons why the Study Commission is saying that if the counties cannot do a better job, and especially those below that, there are going to be state controls. Some of the figures were as much as 90% off, whereas some of Albemarle's were only off by 12%. He said this was a compliment to Mr. Simms department. 468' They had done an excellent job. by the following recorded vote: AYES: NAYS: 1973. 1-17-74 Vote was taken at this point and the motion carried Messrs. Carwile, Fisher, Henley, Thacker, .Wheeler and Wood. None. The next item under discussion was SP-304 issued to T. J. Snead on December 12, Mr. Donny Woodson,_ Zoning Inspector, was present to give a report. He said on January 8, 1974, he went to Mr. Snead's property and talked to the familY who .is renting a mobile home for which MHP-247 was originally issued on May 18, 1972. This permit was issued for Mr.. Snead's daughter,. Barbara. Mr. Melvin Breeden, from. the finance depart- ment staff, said he understands that this permit was issued for his daughter, however, the daughter is now living in that same mobile home in Northwoods Trailer Park and Mr. Snead has replaced that trailer with another trailer. Mr. Woodson said Mrs. Robert Newman who now lives in this trailer has said she will move her trailer by January 31. Mrs. Newman said she did not know the people living in mobile home ~2, originally issued as.MHP-248 for Mr. Snead~s stepson, David Morris. Mr. Woodson said this trailer had been vacated about two weeks before Christmas and it has.been vacant since that time. Mr. Breeden said the stepson did not sign the mobile home permit and Mr. Morris has said that he never had any intention of moving into the mobile home. There is a third mobile home in which Mr. Snead~s son, Larry, does live and.there is no problem with that trailer. Mr. Woodson said .all three mobile home permits where issued on the same day, May 18, 1972. Looking at the permits, it appears that all three permits were Signed by the same person. Mr. Wheeler asked if the trailer approved by the Board on December 12, was.for a fourth trailer. Mr. Woodson said yes. He said two are in violation and should be moved. Mr. Fisher said the Board.had approved the fourth permit, assuming that the other three were in order, on statements made by Mr. Snead. He had said that there was another family living in one of the mobile homes, but Mr. Snead's daughter was-preparing to move back into that trailer when it was vacated. Mr. Breeden said he talked-with her yesterday. They have purchased a house in Fluvanna County. There have been problems in moving into the home because they cannot obtain electric current. They had sold their mobile home to a man who moved it to Northwoods Trailer Park. They could not move into their house, so they moved.into the mobile home in Northwoods. They are presently in court now fighting about electrical connection and do intend to. move into their home. Mr. St. John said if.the fourth mobile home permit is occupied by an innocent person the Board should.not penalize that person. The permits for the two in violation can be revoked and Mr. Snead can be required to.move these mobile homes. If there is proper evidence to prove the situation occurred as stated here, these constitute criminal violations and are misdemeanors. I'f they were committed within a year, then the staff can get criminal warrants. He said they are continuing, violations. Every day these 469 mobile homes exist under these .circumstances, is a separate offense under our ordinance. They can be moved and the permits revoked. Mr. Wheeler asked that the Board revoke the permits on trailers ~1 and ~2 and order that they be moved in a reasonable length of time. Mr. Thacker asked if the permits are invalid now. Mr. St. John said they are invalid, by virtue of being in existence pursuant to an unlawful act. These permits should still be formally revoked. It would then be the decision of the Board to instruct the staff to bring criminal charges. Mr-. Fisher asked if the fourth mobile home had been placed on the property. Mr. Breeden said he thought it was there before the permit was approved. Mr. Wheeler said he voted against that fourth.home. He questioned whether the information given the other Board members led them to give approval. Mr. St. John said if that is true, the fourth permit is also void. But, if an innocent third party is ~in this mobile home, it depends on how much he has committed himself based on this permit, as to,whether his rights would be violated. Mr. Wheeler said he is an employee of Mr. Snead's. Mr. St. John said it is in the power of the Board to tell the occupant and Mr. Snead that the permit is revoked and give him a reasonable time to find other quarters. Mr. 'Woodson said he did not know how innocent the occupant is of the permit procedure. The Newman family had~no knowledge of the permits before they moved in. Mr. Breeden said Mr. Snead had indicated that he bought a mobile home permit. He did purchase that. Mr. Breeden said when he contacted Mr. Snead, he was renting one of the mobile homes, and a trailer park license is required if he is renting. Mr. Thacker offered motion to revoke permits on trailers identified as ~1 and ~2 and that Mr. Snead be instructed to remove trailer ~2, the one now vacant, within a reasonable period of time, or ten days; that trailer #1 be removed within 90 days from this date; that the mobile home permit issued in December is revoked and that trailer is to.be moved within 30 days. Mr. Wood said he did not mind seconding the motion, but he ~thought the Board should be reasonable about the fourth mobile home permit. He said there were no questions about the fourth trailer being in violation during public hearings before the Planning Commission and the .Board. All questions were in relation to the other three. If the Board is now taking measures to.correct what has been found~out since that time, the Board should not be as hard on this occupant as on the other three. Mr. Woodson said the staff does not know if the occupant, who Mr. Snead said is a nephew, actually works part time for Mr. Snead. Mr. Henley said he did not under- stand that the occupant is a nephew~. Mr. Wood said if they have presented false evidence he did not think the Board should take action today, without knowing this to be a fact. He said the Board may want to rehear .this case. Mr. Woodson said he did not visit the fourth mobile home on the night he talked to Mr. Snead, December 6. Mr. Snead said the gentleman was not in the trailer at the time, but he did state that a nephew would be living in the trailer and working part-time on his farm in return ~for 470 1-17-74 housing. There would be no rent. Mr. Wheeler said the Board has already-seen the misinformation received. He felt these trailers are being placed on this property for rental purposes. He said the matter should be cleared since he does not feel that Mr. Snead's intentions are.good. Mr. Wheeler said he felt the motion was in order, ~ut would like to have included a provision that if the Newman's move out before the 90 days is up, that the trailer would be moved at that time. Mr. Thacker amended his motion to include this provision. Mr. Fisher said he had reservations about reversing the decision on the fourth trailer without getting the facts straight and he would rather have a rehearing on the matter to see if it.was issued.on a-valid basis. Mr. Thacker said he would leave his motion on trailers ~1 and ~2 and drop that portion referring to ~4 at this time. The motion was seconded by Mr. Fisher. Vote was taken at this point and the motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Mr. Fisher said he would like to have Mr. Snead and his nephew come to a Board meeting so the Board can ascertain if the facts were as presented~ If they were proper, the Board would leave permit ~4; but if not, then the Board should take action to revoke that permit. Mr. Thacker offered~the following motion for consideration: That Mr. Snead and the occupant of the trailer designated as trailer ~4 be notified that it is the intent of this Board to consider'-the revocation of the permit previously issued (SP-304) on the trailer on 'the grounds that the permit was issued based upon incorrect or fraudulent information submitted to this Board and this action will be taken unless Mr. Snead and the~occupant appear on February 13, 1974, and show.cause why~such action should not be taken. The motion was.seconded by Mr. Henley and carried by the following recorded vote: AYES: Messrs.. Carwile, Fisher, Henley, Thacker, Wheeler.and~Wood.. NAYS: None. Mr. St. John said if.and when the Board takes this action, then the Board can con~?.~..~ sider~_all the information which Mr..Woodson has brought to the Board. It is a civil pro- cedure to revoke these permits. Mr. Snead will have to appear to tell the Board if the information presented is correct. If ~the Board issued a criminal warrant,~ all the information presented is heresay and the Board would have to have the daughter and .the stepson come in to tell the Board the same thing they told Mr. Woodson. This completely reverses the burden of proof. Mr. Sandy Lambert, architect for renovations to the Levy Opera House, was present to make a report. Mr. Lambert said he has a meeting scheduled w~h~a representative of R. E. Lee & Sons to validate the overrun on the cost of renovations for this project. He said he had made some evaluations, however, he is not prepared to make any recommen- dations at this time. Mr. Wheeler asked if the Board would l~ke to discuss 'this today. Mr. Thacker felt it would_be premature to discuss this until such time as it can be determined what the changes will cost. Mr. Fisher felt it would be best to refer this matter to the committee. Mr. Henley said if the price cannot be lowered, he will not vote for the renovations, and they may as well stop work now. Mr. Wheeler said he did not feel it would save any money by stOpping the project at this time. Mr. Lambert said he could not endorse spending this much money on this project. Mr. Wood asked if the project can be rebid. Mr. Lambert said the original bid did not generate much interest. Mr. Wheeler said the County had the same experience in October where only one bid was received. It was rebid 45 days later and there were nine bids. He felt the Board should urge the committee to consider rebidding. Mr. Wood said it may be a different situation if it is put out to bids again. Mr. Wheeler instructed Mr. Lambert to pursue this with the joint committee. Mr. Floyd Johnson, architect for an addition to the Courthouse, was present to make a report. He said that working drawings are well under way. He is at the point where consultants can be brought in to see if there are enough utilities in the existing buildings to carry the load of this connection between the Courthouse and the County Office Building. He is obtaining guidance from prisoner people in Richmond as to what security is needed for a holding cell below the judges quarters. The Sheriff's Office wants closed circuit television built into the dispatchers office. He said there are many unknowns, such as an oil tank in the ground that will have to be relocated. They are not sure about sewer lines which will be necessary for the block areas on the lower level. He has tried to reach a reasonable estimate of the cost for this project, but this is almost impossible. He did use a figure of $40 a square foot or $55,000 plus, if there are not a lot of unknowns. Mr. Thacker asked if there is a time schedule. Mr. Johnson said if conditions are conducive he is hoping for the early part of March. Mr. Wheeler asked if Judge Berry has had full input into the design of this addition. Mr. Johnson said yes. Mr. Wheeler said this is a project which has been discussed with the Judge for several years and the Board wants to move along and be sure he has full input into this matter. Mr. Johnson said the Judge gave him information yesterday on the holding cells. There will be a savings if his needs can be satisfied with three holding cells instead of four. Mr. Bob Merrill said he would like to make a statement concerning the county's reassessment and the tax case. He said there has been a lot of discussion about the use of the property tax and it's financing so many things. There are a lot of reasons why the property tax is applied when it is over used as it is. Mainly, it is applied to assume capital gains on property and also bears.heavily on people who inherit property. There have been a lot of requests to the General Assembly to study the property tax. A report has been made. At the beginning, the legislature was ~to have made their own study, but administrative groups under Governor Holton took the $200,000 appropriation away and spent the whole thing themselves, so the whole report turns out to be an administrators study. There were only two members of the legislature on the committee, 1-17-74 472 a Mr. Michael and a Mr. Miller. There is no evidence that they had any input into the report. There is also no evidence that the taxpayers had any input. He felt this is a serious thing for the Board of Supervisors. Mr. Wheeler stopped Mr. Merrill by saying that he thought he was going to make a statement on something over which this Board has some control. Mr. Wheeler said this is a matter of the state legislature and h~ suggested that Mr. Merrill take this up with them. He said this Board did not authorize that report, but will have statements to make concerning it. He said Mr. Merrill could continue if he had matters upon which this Board can decide. Mr. Merrill said it is important to realize that there were people involved who are not Virginians. He said it is important because if the conditions recommended are implemented., it will involve the elimination of this function by the county and it will all be controlled by Richmond. Mr. Wheeler said he had not mentioned the report, but only as it applies to Albemarle County. The other Board members have not seen the report. Mr. Merrill said the Board has appropriated $140,000 to reassess the county in the year 1974, but he recommended that the Board appoint a committee to study setting up a compact with other jurisdictions to employ a free enterprise appraisal company to do this on an annual or four to six year basis. He felt they would do a good job with trained professional people. There would be. a staff big enough, since the county would not have to employ a permanent staff, and.everytime Albemarle .needed an appraisal, arrangements could be made with them. He felt this would be more economical by combining all these areas together. He felt the county could then reduce its staff to possibly one person for new construction. He recommended that a group be appointed to study this idea. Mr. Charles Youngman, Director of the Library, was present. He said that the expected deficit in the current year's budget has been eliminated by reducing the number on the staff. They are requesting additional money to be used for rent, electric current, etc. in order to move part of the library into the Holy Comforter Annex. The county's share will be $825. Mr. Wheeler asked if additional money for this move is being requested in next years budget. Mr. Youngman said yes. Mr. Fisher asked if this facility will serve only Charlottesville and Albemarle or if there are other offices involved.. Mr. Youngman said the cataloging department will.be moved from the library into the annex and the directors office will be moved ~to the annex. Mr. Fisher asked if the other jurisdictions are sharing this appropriation. Mr. Youngman said no.. But the cost will be shared after July 1. Mr. Wood offered motion to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $825.00 be, and the same hereby is, appro- priated from the General Fund and transferred to the General Operating Fund for expenditures of the library, and expenditure of these funds is hereby approved. Mr. Wood's-motion was seconded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. 1~17-74 473 Mr. Wheeler appointed Mr. Bob Sampson, Mr. Thacker and Mr. Henley to the Library Budget committee. Mr. Wheeler said he had asked that the Board members express their preferences for Board appointments and he had heard no comments. He said there is one appointment which should, be made, that to the Welfare Board. He asked that Mr. Henley be reappointed for the year 1974. Motion to this effect was offered by Mr. Thacker, seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Request was received from Mr. Bob Sampson for a special appropriation for a brush chipper for use by the parks department. Mr. Henley did not think this chipper is needed and after a lengthy discussion, Mr. Wheeler suggested that since Mr. Henley has the most knowledge in this field, that Mr. Sampson work with him and if there still seems to be a need next year, it should be returned to the Board for approval at that time. Request was received from the Eighth Regional Juvenile and Domestic Relations Court for a special appropriation for the rent of a Xerox machine for the remainder of the fiscal year 1973-74. Mr. Batchelor said this was another of the costs that the General Assembly has placed on the locality. Motion to adopt the following resolution was offered by Mr. Wood: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $675.00 be, and the same hereby is, appropriated from the General Fund and transferred to the General Operating Fund for rental of a Xerox machine for the Juvenile Court and expenditure of these funds is hereby approved. Mr. Wood's motion was seconded by Mr. Carwile and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. - Statements of expenses of the Director of Finance, the Sheriff's Office and the Office of the Commonwealth's Attorney for the month of December, 1973, were presented. Upon motion by Thacker, seconded by Mr. Wood, these statements were approved.' The motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Statement of expenses incurred in maintenance of the County Jail, along with summary statement of prisoner days was presented. Statement of the Jail Physician, in the amount of $16.00, of which two-thirds is reimbursable by the State, was presented. On motion by Mr. Carwile, seconded by Mr. Henley, these statements were approved by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. 1-17-74 474 Report of the County Executive for the month of November, 1973, was received as information. Upon motion by Mr. Fisher, seconded by Mr. Wood, Check No. 1-001901, dated December 28, 1973, payable to Maynard Strickler, Exxon Station, in the amount of $17.19, said. check being marked duplicate payment, was ordered cancelled. carried by the following recorded vote': AYES: Messrs. Carwile, Fisher, HenleY, Thacker, Wheeler and Wood. NAYS: None. The motion The report of the Architecture Committee was ordered to be included on the February agenda. At 11:50 A.M. the Board recessed for lunch and reconvened at 1:55 P.M. Mr. Wheeler said the Board needs to appoint an Equalization Board for 1974. It has been suggested that the same Board be reappointed, however, one member has moved out of Albemarle and he asked that the Board have names ready by the next meeting. Mr. Wheeler said there are now two vacancies on the Piedmont Community College Board of Directors and he asked that this be included on the February agenda. On motion by Mr. Wood, seconded by Mr. Thacker, the following persons were appointed to the Parks Committee for the following terms: One Year Term .Two Year Terms Garrett W. Kirksey David Morris B. W. Ruffner Dorothy Brown M. Roy Harris Lloyd Feggans The foregoing motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Mr. Fisher said he had a letter from Bob Abbott of the T. J. Planning District asking that two people be appointed to a Drug Abuse Council. This was ordered to be included on the February agenda. Mr. Wheeler said he had received a communication from the Virginia Association of Counties suggesting that each county appoint an Energy Board and Administrator. He suggested that Calvin Jones, Purchasing Director for Albemarle, Oscar W. Smith, Charlottesville Oil Co., Cecil Smith, VEPCO, and Lloyd Wood be appointed, however, no vote was taken at this time. Mr. Wheeler asked if the committee appointed to work with the School Board on the selection of an architect had met. Mr. Thacker said the committee met with Mr. Van Fossen, Mr. Chapman, Mr. Kindrick and Mr. McClure, who were appointed by the School Board. They discussed the School Board's practice of retaining architectural firms for their work. It was the concensus of the committee that the School Board's f. unction is to retain the architectural firm. It was also the concensus that perhaps their method of making the selection has not been all it could be and the committee agreed to go back to the School Board and recommend that they consider other architec- 1-17-74 475 tural firms. Mr. Fisher said they had mutually agreed that the Board did not want to be involved in the process, but there should be some process followed, particularly on a project of this size. The Board will not be involved in the selection of the architect. Mr. Thacker said he had not read the report of the Architectural Committee, but he thought they came to the same conclusion. That it would be in the best interest of the County to have someone retained or on the staff to work with any architectural firm employed and this would apply on any County matter. This would achieve all possible economy in construction. It would not necessarily have to be a staff member. He was not ready to suggest that it be a staff member or a consultant, but the report should be investigated. He said with the amour~t of construction work done by the County, the County could have someone who is not on a fee basis who would look to the County's interests. Mr. Batchelor said this had been thought out very carefully and he felt this should be a consultant. This could be someone in the construction business who would have contact with the market and supplies; someone who is actively in the business. Mr. Thacker agreed that it would be less expensive to do this on a per diem basis. Mr. Wheeler suggested that Mr. Thacker and Mr. Batchelor make a recommendation on this to the Board. Mr. Carwile offered the following resolution for adoption- WHEREAS, Section 15.1-1412, Code of Virginia, allows planning district commissions a minimum of $10,000 per year in state aid; and WHEREAS, these planning district commissions are faced with the curtailment of 701 funds from the federal government, which funds have been used for local planning assistance; NOW, THEREFORE, BE IT RESOLVED, that the Board of Super- visors of Albemarle County, Virginia, does join with the Assoc- iation of Virginia Planning Districts and the Virginia Associa- tion of Counties in supporting a minimum state contribution of $50,000 per year, with no requirement for additional matching funds from the localities. The foregoing motion was seconded by Mr. Fisher and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Mr. Batchelor brought to the Board's attention the number of service stations ~.~ which have closed in this area. He said the allocation for that station goes back to the state or regional office. That allocation can then go anywhere in the State of Virginia. There is no law on the books at this time that the allocation can be kept in this area. He felt this would be a good law fo~ the General Assembly to pass. Mr. Wheeler felt there had been no higher percentage of closings in this area than in other areas. He did not ~ feel the General Assembly will take any action, but if the Board wants to make that recommendation he would support such a motion. He said the shortage will. either be over or there will be rationing before the Federal and State governments pass any laws. 1-17-74 '476 Mr. Batchelor said he had sent copies of a letter and report from J. Harvey Bailey as to Whitfield Morris' desires for a two-year landfill contract at a considerable rate increase. The staff feels the county should not enter into a contract with anyone --~ for two years. He asked the Board if he should negotiate with Mr. Morris for a contract to run until ~uly 1, in close proximity to what he is now receiving o~.~wheth~i~hey~wo~ld prefer that he negotiate with someone else. Mr. Wood felt there will be nothing new before July..1. Mr. Wheeler said there may be some justification for the increase due to the increased cost of fuel. He preferred that this be allowed and worked out with Mr. Morris until July 1 and not further. Mr. Fisher said a decision will have to be made as to how the landfill will be operated, but this cannot be made until after the City's suit which will not be heard until March. He asked if a decsion is made in March if anything new can be implemented in July. Mr. Batchelor said the staff is working on this so_~hat the Board can make a decision by July t. The staff is working on two assumptions: (1) that the City and the County will be using this site jointly; and (2) that the County will be operating the landfill alone. Mr. Fisher asked if three months is adequate time to implement anything new. Mr. Batchelor said this will depend on the length of time needed to order new, or lease equipment.~ Mr. Wheeler said he preferred to work out some agreement with Mr. Morris and not get into these things until after a decision is made as to who and how this will be operated. At 2:30 P.M., Mr. St. John requested that the Board adjourn into executive session ~ to discuss legal matters consisting of the Albemarle County Service Authority suit against Daley Craig, et als,; the companion planning case of Daley'Craig and Woodlake Corporation against the Service Authority and the Board of Supervisors; the landfill case; Nahor Milling Company case; and, the case of the Albemarle County Service Authority and the Board of Supervisors against the Albemarle Development Corporation. Motion to this effect was offered by Mr. Carwile, seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. The Board reconvened at 2:50 P.M. Mr. Wheeler said when the Board set a date for the public hearing on the subdivison ordinance it was suggested that a committee be appointed to work out the disagreement ~ between the Board and the Council. He suggested that the Mayor, the City Planner, the City Attorney and like members from the County have a meeting to discuss this. Request was received from members of the press that they be furnished copies of reports and ordinances ahead of the time they are put on the agenda. Mr. Wheeler said the staff would be ordered to do this, however, it was suggested that ~n planning matters ~ and applications for zoning uses and special permits that. the applicant be furnished a 477 copy of the staff's report before it is given to the press. Upon proper motion,~ the meeting was adjourned at 3:02 P.M. Chairman