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HomeMy WebLinkAbout1972-11-1611-16-72 320 A regular meeting of the Board of County Supervisors of Albemarle County~ Virginia, was held on November 16~ 1972,-at 9:00 A.M. in the Board Room, County Office Building, Charlottesville, Virginia. Presamt: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. To Henley, Jr. William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. Officers present: County Executive and County Attorney. The meeting opened with The Lord's Prayer led by Mr. Wheeler. Upon motion by Mr. Carwile, seconded by Mr. Wood, the minutes of the meetings of September 21, September 27, S~p~ember 28, October 11 (afternoon session), October 11 (night session)~ October 19 and October 2~, 1972 were approved as read. Motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Mr. Pickford read into the record the following letter: "November 8~ 1972 Mr. Herbert Pickford Belt and Pickford 220 Court Square Charlottesville, Virginia Dear Mr. Pickford: This letter will confirm our conversation of November 7 concerning the responsibility for the road-dam on Carrsbrook Road in Albemarle County. I am of the opinion that by virtue of Virgir~a (1950), as amended~ the recording of the plat for this subdivision made Albemarle County an "owner" of the road-dam on Carrsbrook Road. As an owner, the County is obligated under Section 93.176 to keep the dam in good order. dam is presently not in good order as the ~illwaY drainage system is inadequate and poses a hazard to the roadway and to the abutting landowners. It is therefore requested that the County fulfill its statutory obligation and rectify the existing drainage problem. of Section 1~.1-~78 of the Code This I would appreciate your taking this matter up with the County Board of Supervisors at the next meeting and info~ming me of their response. Thank you for taking the time to meet with me and for considering this matter. Sincerely~ (Signed) Francis A. Cherry~ Jr. Assistant Attorney General" Mr. Richard Coates, Assistant Resident Highway Engineer, stated that during recent floodings, water had cut away a portion of the road-dam on Carrsbrook Road and Mr. David Cooke's yard. Mr. Cooke had asked the Highway Department ho repair the damage. They had looked at the damage to see who was responsible and had the Dishrict Engineer also look at same. They did not feel that the Highway Department had any obligation since the damage is outside of the ~0 foot right of way and had written to the Attorney Ga~eral for an opinion. They ha~e not received an answer to that letter. 11-16-72 321 r- Mr. Pickford stated that there are approximately six property owners on the border of the lake having direct ownership in the lake itself. Under the County s~division ordinance the developer had put in the lake and road~ subdivided the land and platted same. Ownership of the land within the roadway then passed to the County, by operation of law~ with maintenance of the road an obligation of the Highway Department when the road was taken into the secondary system. He felt that technically this situation might come under the statute referred to by the Attorney General, however, ~he felt the Court should decide who is liable for these repairs. Estimated cost to be from five to ten thousand dollars. When queried as to Whether federal funds had been applied for, Mr. Coates stated that the Highway Department felt~they had no obligation. Mr. Wheeler felt it would set a bad precedent for the County to undertake these repairs unless ordered to do so by the Court. Mr. Wood felt that the County had been put on notice and if Mr. Cooke's swimming pool washed out during future rain storms~ the County might be liable. Upon recommendation by Mr. Pickford~ Mr. Carwile offered motion to request~.-~ the Highway Department to proceed with repairs to the road-dam on Carrsbrook Road and to litigate if they so desire as to whose responsibility it is to make such repairs. He also requested the Highway Department to have the Federal inspection team return to Charlottesville to make a survey of the damage and then for~ the Highway Department to make application for Federa~l funds to cover cost of this repair work, and also inquire as to whether Federal funds are available to the County and adjacent property owners in the event they are requested to assi~ in making the repairs. Motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: M~srs. Carwile~ Fi~her~ H~nley, Thacker~ Wheeler and Wood. NAYS: None. Mr. Wood brought to the attention of the Board a request from 'Mr. Paige Lynch at 2~01 Wakefield Road. He stated that the Highway Department does not maintain that part of the road in front of Mr. Lynch's property and the road has never been taken in the secondary system for maintenance. He asked Mr. Pickford to check this situation and report at the next meeting as to whether this right of way might be given to or acquired by the adjacent property owners. Mr. Fisher stated that it has now been eleven and one-half months s±nce a public hearing was held on Route 6~7. He asked if any determination had been made by the Highway Department as to the route this road will take. Mr. Coates replied that they have had no further word on this project. Mr. Fisher also stated that the citizens of Bellair have requested~a low&ring of the speed limit on Bellair~' which is a dead-end road, to 25 m.p.h. He stated that the traffic engineer has looked at the situation~ but has not replied to the request. Mr. Carwile stated that the new subdivision ordinance~ now under consideration, ~ives the power to regulate the speed limits within subdivisions. He also stated that the old subdivision ordinance might be amended to allow this. 11 -16-72 322 Mr. Fisher also mentioned the traffic on Route 2~0 West at the new by-pass ramp. He felt that the traffic at this point is very dangerous during peak hours and felt that there:should be a deputy on duty to help the flow of traffic at these times. Mr. Wood stated that he had worked very hard to get this project started and also for correction of drainage problems on 01d Ivy Road. Mr. Wood asked about Rt. 6~3 from its intersection with Rt. 7~3 to the quarry. He stated that it is a mud path and the drainage is very bad. Eince this item is not included in the new Secondary Highway budget~ the ~lerk was asked to place this on the agenda for the spring road hearings. Mr. Coates stated that as a temporary measure the Highway Department will clean the ditches to help alleviate some Of the drainage problems. Mr. Carwile again asked about the intersection of Georgetown and Barracks Road, Mr. Coates stated that Mr. Warner and the traffic engineer have looked at the problem but no recommendation has been made, Mr, Wheeler asked about Rt, 6~3 at the ~olo Grounds. Mr. Coates stated that this will be surfaced as soon as the weather clears. Mr. Wheeler also asked about Rt. 731 near the KeswiCk Post Office and Eeswick Country Club. He stated that there is a spot near the railroad tract where a stream crosses the road~ which has washed out three times recently and has now washed out again, He felt that some type of clearing needs 'to be performed on the stream. He also asked about a spot on Rt. 22 ~ast Eeswick and Cismont Manor Farm. He felt that there needs to be some type of ditching or drainage under drive ways at this point. Mr. Coates stated that ,drainage-under drive ways is the land owners responsibilitys howevers he will have someone from the Highway Department check this situation. In answer to a question from Mr. Wood concerning Rio Roads Mr. Coates advised that this goes to bid on December 20 and will take approximately 15 months for construction, Mrs. Rosenblum stated that at the entrance to Hollymead~ some type of flashing signal or a sign needs ~ be installed on Route 29 to indicate that there is slow moving traffic on this section of road, Mr. ~oates stated that the traffic engineer had looked at this spot and did not feel there was any need for a sign. Mr. Batchelor was instructed to discuss this with Mr. Clarence McClure and have the School Board check this situation. Mrs, Lovelace also questioned this exit. Mrs, Grady Covington was present to make a complaint concerning the Highway Safety Commission, ~e asked if the District Highway Engineer ~is a member of the committee and was informed that he is not and by law is not required to be a member. 11 -16-72 3.23 F' Mrs. Covington felt that he should be a member of su~:h committee. Mr. Wheeler then asked Mr. Wood who is the Chairman of the Highway Safety Commission to give a report so that the other members of the Board would have an understanding of the matter in question. Mrs. Covington repeatedly interrupted Mr. Wood. Finally, Mr. Wheeler advised Mrs. Covington to be seated and to hold her silence until Mr. Wood had finished his report. Mr. Wood stated that Mrs. Covington had requested the Highway Safety Commission to look at a curve on Route 602 in front of her driveway. She considered this curve dangerous and wanted the road straightened. At the time this request came to the Highway Safety Commission the Commission members had questioned whether they had any authority over this request, since they are not funded by the share and work in an advisory capacity as an arm of the Governor's Office. Mr. Wood stated that George Bailey and himself had made a visual inspection of the curve and shoulder adjacent to the driveway and had found the shoulder of the road to be badly washed due to recent floodings~. They had recommended to the Highway Department that the shoulder be repaired but found no justification for straightening the road due to (1) low traffic count (less than 25) and (2) land acquisition for the required work would be expensive. He stated that the Highway Safety Commission minutes contain motions made to review the site in question and they had contacted the local highway office before making their recommendations. Now that the damage to the shoulder of the road has been repaired, the Highway Safety Commission does not feel they-can recommend anything further. Mrs. Covington felt there was additional work that could have been performed at the time the Army Corp. of Engineers was here and asked who she could appeal to now. She also asked that a representative of the C & 0 Railroad be contacted to drain a pool of water near the railroad station in Howardsville. Mrs. Covington left stating that Mr. Wood had not understood her request. Mr. Julian Thomas and Mr. Dallas Wilfong were present to ask the Board's consideration of the resolution below. Mr. Wilfong stated that in the 1972 session of the Gm eral Assembly a bill had been introduced to repeal Section 56-~26 of the Code of Virginia which requires railroads to keep rights of way free from debris, etc. When the bill cam~ before the House, Mr. ~ had asked that it be held over until the 1973 session. Mr. Wilfong stated that if this section is repealed the number of forest fires will increase tremendously. Over the last ten years, 15% of forest fires have been caused by railroads and this figure could doubl~. Mr. Fisher offered motion to adopt the following resolution: WHEREAS Section 56~26 of the Code of Virginia requires that "Every railroad company shall keep its right-of-way clear and free from wee~s, grass, and decayed timber, which from their nature and condition are combustible material, liable to take and communicate fire from passing trains to abutting or adjacent property."; and 324 1 1 -I 6-72 WHEREAS, there is before the 1973 Session of the Virginia General Assembly House Bill #89~ which would repeal Section ~6-426~ thus permitting the railroads to create and maintain a right-of-way condition which would create a dangerous fire hazard to adjacent property; NOW~ THEREFORE, BE IT RESOLVED that the Board of County Super- visors of Albemarle County, Virginia~ meeting in official session this 16th day of November~ 19727 does urge the respective members of the General Assembly of Virginia to vote against House Bill No. 89~ and retain Section g6-426 in the Code of Virginia~ and that copy of this resolution be forwarded to the Honorable J. Harry Michael~ Jr.~ the Honorable Daniel G. Van Clief and the Honorable Thomas J. Michie, Jr. The foregoing motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Carwile, Fi~her~ Hentey~ Thacker, Wheeler and Wood. NAYS: None. Mrs. Rosenblum stated that she had attended a meeting of Citizens for Albemarle and they wished the Board to protect Chris Green Lake by asking that ionia site plan come before this Board. Mr. Carwile stated that no site plan is required in ' ' Mrs. Rosenblum then asked if the subdivision plat would come to this Board. Mr. Wheeler answered no. -Mrs. Rosenblum stated that ~he thought the Board could request this. Mr. Wheeler answered that the Board would follow up her request. At 10:00 A.M. the Chairman called for a public hearing to amend Section 15-~ of the County Code as advertised in the Daily Progress on November 2 ~nd November 9, 1972. Mr. Pickford adviEed the Board that there is a State statute which prohibits the drinking of alcoholic beverages in public place~ however, the Board can amend this code section to allow for consumption of alcoholic beverages by private parties in the picnic shelters. Mrs. Lovelace asked how this could be enforced. Mr. Wheeler stated that the Sheriff has been asked to check this area at certain times. Mrs. Rosenblum spoke in favor. Mr. Fisher stated that he was concerned about the prbblems of litter and had found that this Board has no power to restrict the use of non.returnable bottlea or cans. He felt the law should stay as it presently stands and has reservations as to how this could be enforded. Mr. Thacker felt there would be a certain amount of consumption with or~ without the ordinance and would like to ask questions of the Sheriff. Mr. Wood felt there are adequate waste containers within the park and did not feel this wuuld contribute more to the overall litter problem. 11-16-72 325 F" F' Mr. Carwile agreed with Mr. Thacker stating that the law should be strictly enforced or amended in some fashion. Mr. Henley stated that he was in favor of amending this code section. Mr. Wheeler stated that he was in favor of amending to allow for consumption by groups in the picnic shelters only. A gentlemen in the audience asked if the ordinance could not be kept as it presently is worded and issue permits for the shelters. He was advised that this amendment must be passed in order to allow for consumption of alcoholib beverages. There being some reservation as to hOw this amendment could be enforced~ the public hearing on this matter was declared closed and a decision on this matter was carried over to the afternoon session when the Sheriff would be present for another matter. At 10:30 A.M. the Chairman called for a public hearing to amend Section 2-~0 of the County Code as advertised in the Daily Progress on November 1 and November 8, 1972. No one from the public spoke. Motion to adopt the following amendment was offered by Mr. 'Wood, seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Carwile~ Fisher, Henley, Thacker~ Wheeler and Wood. NAYS: None. "Membership shall consist of not less than five nor more than nine as determined from time to time by resolution of this Board. All members shall be appointed by the Board of Supervisors and shall be residents of the county, at least one of whom shall be a member:'~of said board." Mr. Carwile offered b~e following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, ViEginia~ that the Albemarle County Highway Safety Commission shall be composed of six (6) members until further revised by this Board. The foregoing motion was seconded by Mr. Fisher and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley~ Thacker, Wheeler and Wood. NAYS: None. Mb. Wood offered motion to appoint Mr. John Massey as the sixth member~of the Highway Safety Commission~ term to begin on January 1, 1973 and run for four years. Motion was seconded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Woo~. NAYS: None. As per request of Mr. Kline from the State Office of Civil Defense~ the following resolution was offered by Mr. Thacker. 32o 1 1-1 6-72 BE IT RESOLVED BY the Board of County Supervisors of Albemarle County~ Virginia: THAT T. Mo BATCHELOR~ JR., Director of Finance~ is hereby authorized to execute for and in behalf of Albemarle County, a public entity established under the laws of the State.of Virgin~, this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (P~blic Law 606, 91st Congress). Motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Carwile~ Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Audit report for the Calendar Years 1970 and 1971 for the Office of the County Clerk~and Clerk ~ the Circuit Court was received as information. Mr. Wood stated that since the City had repealed that section of their Code which prohibited the sale of wine on Sunday~ he had had several requests for the County to do the same. He offered motion to advertise th~;repeal of Code Sections 3-1 and 3-2 for a public hearing on December 21~ 1972 at 10:00 A.M. Mr. Fisher stated that he had never favored the blue laws in Virginia but felt this encouraged the grocery stores to stay open and would not support the motion. Mr. Wood stated that State law prohibits the sale Of wine 2~ hours a day and this would put our code in line with the State code. Mr. Henley stated that he does not support and will not vote for the repeal of these sections, however, he would vote ~o have a public hearing. Motion was seconded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwile~ Henley~ Thacker~ Wheeler and Wood. NAYS: Mr. Fisher, Statements of expenses of the Department of Finance, the Sheriff's ~ffice and the Office of the Commonwealth's Attorney were submitted for the month'of October~1972. On motion by Mr. Woody seconded by Mr. Carwile, these statements were approved by the following recorded vote: AYES: Messrs. Carwile~ Fisher, Henley, Thacker, Wheeler and Wood. Reports of the Department of P~blic Welfare were submitted for the month of September, 1972, in accordance with Sections 6~-67.1 and 6~-67~2'of the Code of Virginia. T~e fol~owinE ~O~ica~o~s rec~eived~-f.rom Mr~.J-.£D.~_Ritchie, Director, Albemarle County Welfare Department: "Our Department wishes to .request two transfers in budget allocation for this fiscal year. It now appears that the ADC Emergency Assistance Program~ which as you recall was started after the budget year began, is going to be a costly program for us. The $1~,000 previously authorized has been spent. How- 11-16-72 327 ever~ a great deal of this was spent paying old bills that we had cluded in the client's check. It appears at this time that we will have money left in the OAA category and I would like to request a~transfer of $~0~000 from OAA (80C-70~) to ADC Emergency Assistance (80-C-706o~). Secondly~ you recall that the Work Incentive Program (WIN) was started after this budget year began. Our only costs for this program are for child care and miscellaneous work expenses for the'client such as required medical exams. The county is reimbursed 90% of the ~expenditures for this. We feel that part of the money previously budgeted for regular child care will sufficiently cover these costs but for accounting purposes we need to transfer this money from Day Care - non WIN (80-D) to Day Care WIN (New Bookkeeping #) and to other WIN Services (New Bookkeeping #). We request a transfer of $6~000 to Day Care WIN and $~000 to Other WIN Services." Motion to authorize the requested transfers was offered by Mr. Carwile~ seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Carwile~ Fishery Henley~ Thacker~ Wheeler and Wood. NAYS: None. Mr. Clay Thompson~ President~ Community Services Council~ was present to ask the support of the Board of Supervisors for the establishment cf a Charlottesville- Albemarle Human Resources Planning Commission. He stated that there is a need for planning and study in the area of social services since there appears to be duplication of services. Mr. Carwile stated that he was basically in favor of the proposal~ but~ would suggest that action of this matter be deferred until the Region 10 Planning District is organized and invited Mr. Thompson to the next meeting of the Planning District, The Board concurred and no action was taken. Mr. Fred Scot ~d Mr. Frederick S. Whiteside of the Land Use Committee were present to give an interim report. Mr. Scott stated that they had been instructed to report the results of their study~ including~ a ~roposed ordinance~ estimat~ of revenue loss and recommendations on how to recover this loss. The committee has met ~six or seven times with various organizations and a sub-committee has met with the Virginia Department of Agriculture. The committee now needs the assistance of the -County staff for information not available from other sources. Mr. Scott ~lso stated that they had been asked to hold public hearings on this matter and inquired as to whether this should still be considered. Mr. Scott w~s informed that staff assistance would be available in January. Mr. Wheeler asked if the committee had any recommendations for legislative changes~ to which Mr. Scott replied that informally the committee felt some changes are needed in state requirements~ but these will be recommended to the legislature by the Land Advisory Committee. He also felt that the Board should attempt to have revisions made to Bill 99 and then the committee should hold public hearings on this matter. Mr. Wheeler reiterated that he wants to be sure the people needing tax relief are the ones helped by passage o~ such an ordinance. Mr. Fisher felt the land use committee had performed the preliminary work and now the staff should help in any way possible to assist the committee. Mro Whiteside stated that the committee had held several meetings about the laws governing the adoption of a land use tax and had found enough loopholes to create a lot of trouble. Mr. Wheeler stated that he felt Albemarle County is on record as being basically in favor of the land use tax and directed the committee to continue their work on this matter. Statement of expenses incurred in the maintenance of the County Jail was submitted along with summary statement of prisoner days for the month of October, 1972o Claim of the Jail Physician was submitted for the month of October, 1972y in the amount of $~.00, of which two-thirds i~ reimbursable by the State. On motion by Mr. Woody seconded by Mr. Thacker, these statements were approved for payment by the following recorded vote: AYES: Messrs. Carwile, Fishery Henleyy Thackery Wheeler and Wood.' NAYS: None. Report of the County Executive was submitted for the month of Octobe~y 1972, as information. Claim against the Dog Tax Fund was received from Virgi~ M. Grinstead for one (1) ewe killed by dogs. On motion by Mr. Henley, seconded by Mr. Fisher, Mr. Grinstead was allowed $I5.00 for this claim. Motion carried by the following recorded vote: AYES: Messrs. Carwiley Fishery Henley~ Thacker, Wheeler and Wood. NAYS: None. Claim against the Dog Tax Fund was received from M. A. Wilson for one (1) ewe killed by dogs. On motion by Mr. Henley~ seconded by Mr. Fishery Mr. Wilson was allowed $1~.00 for this claim. Motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwiley Fishery Henley, Thacker~ Wheeler and Wood. None. Appointments to the Joint Airport Commission were carried over to December 21. The Chairman entertained a motion to appoint Mr. T. M. Batchelor, Jr., as a member and to appoint /Mr. Lloyd F. Woody Jr. e~nd Mr. James D. Ritchie as his alternates on the Shenandoah Valley Juvenile Detention Home Commission. Motion was offered by Mr. Thacker~ seconded by Mr. Henley and carried by the following recorded vote: AYES: Messrs. Carwiley Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. The Chairman called for the following committee reports: (1) Space Needs. Mro Thacker stated that the committee had met with various architects and had retained Thomas R. Wyanty-Jr. -~,,~-~ ~,~_~ .~ $~,000 to work on the feasibility study of moving county offices to the McIntire school building. Mr. Thacker also stated that the School Board is making a study with a report due the first of the year and the committee is also studying space needs of the Judge and the Circuit Court. (2) Tax Relief for the Elderly: Mr. Pickford is drawing two ordinances for review by the Board, hopefully, to be ready for November 22~ (3) Industrial Commission: Mr. Wheeler stated that the Board had a report b~ the Industrial Commission and reaction from the public on same. Mr. Carwile offered motion to pay the Industrial Commission their budgeted amount for fiscal 72-73 when same is requested. Motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Carwile, Fishery Henley~ Thacker and Wheeler. NAYS: None. ABSENT: (5) (6) (7) (8) (9) (10) (1~) (~e) Mr. Wood. School Sites: Dog Committee: No report. No ~Jeport. Madison Hall request for an appropriation: No report. Historical Landmarks: No report. Courts Not of Record: No report. Juvenile Court Renovation: Need a r~port from the architects. Rules of Procedure: Will make a report at the December meeting. Esmont Low Cost Housing: No report. Revenue Sharing: No report. (13) Scenic Highways: Referred"to Planning Commission. Mr. Humphrey presented the petitioner for Ski Land, Inc. with a request that the Board hold a special meeting on December 6 to hear this petition. The Board would not consider the request when they were informed that the petition had been deferred due to lack of information from the petitioner. Mr. Batchelor was instructed to see that all departments have their budget requests in by December 15. The Chairman entertained a motion to adjourn into executive session to discuss a legal matter. Motion was offered by Mr. Henley., seconde~ byMr. Thacker and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley~ Thacker and Wheeler. NAYS: None. ABSENT: Mr. Wood. The Board reconvened at 1:$5 P.M. Mr. Cliff Cutchins, past director of the Y.E.S. program presented their annual report to the Board. Mrs. Linda Wilson, Coordinator for the HEPP Project was present to ask the Board to adopt a resolution supporting the HEPP Project. Motion to adopt the following resolution was offered by Mr. Carwile: 330 11 -16.72 WHEREAS, Project Home Education--Planned Parenthood (Project HEPP) has been operating in Albemarle County for the last two years; and WHEREAS, Project HEPP has been extremely effective in reducing the number of unwanted pregnancies and providing other family educational services to low income families; and WHEREAS, said Project has been most successful and beneficial to the entire County and has thus indirectly benefited all residents of Albemarle County; and ~EREAS~ it appears that fundin~ for ~ROJECT HEPP by the Office of Economic Opportunity is ended; and WHEREAS it is important that said Project continue in Albemarle County; NOW, THEREFORE~ BE IT RESOLVED that the Board of County Super- visors of Albemarle County hereby requests that the State Health Department or the State Welfare Department provide funds for the continuation of Project HEPP for Albem~le County; and BE IT ~URTBRR RESOLVED that copies of this resolution be mailed to the Governor~ the Secretary of Human Affairs~ Senator J. Harry Michael, Jr., and DelegatesThomas J. Michie, Jr. and Daniel G. Van Clief. The foregoing motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs.~Carwile, Fisher, Henley, Thacker and Wheeler. NAYS: None. ABSENT: Mr. Wood. The Board continued the discussion of amendment to County Code Section with Sheriff George Bailey present. The Sheriff stated that he is opposed to the consumption of beer on the beach areas~ but did not feel allowing the consumption of beer in shelter areaswould be hard to enforce. Motion to amend County Code Section 15-~ to read as f~llows was offered by Mr. Carwile: No alcoholic beverages~ except for consumption of beer in shelter areas reserved by private groups~ shall bel ...... _ ~-. -..~i~ .',~'. allowed on any land or waters owned by the county and set aside for recreation. The foregoing motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Carwile, Fishery Henley, Thacker, Wheeler and Wood. NAYS: None. Sheriff Bailey was present to request Board approval of the employment of two additional deputies for the Albemarle Sheriff's office. He stated that since the court had struck down the City of Charlottesville'~ annexation case~ he needs 1 1-1 6-72 33:L one additional deputy to police the subdivisions around Charlottesville and another to be assigned as an investigator. He estimated the cost at approximately $21~000~ and stated that he would ask for a special appropriation at a later date. Motion to approve this request was offered by Mr. Fisher~ With stipulation that Sheriff Bailey request approval from the Compensation Board for both of these positions, same to be effective January 1~ 1973. Motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Carwile~ Fisher~ Henley~ Thacker~ Wheeler and Wood. NAYS: None. Mr. Fisher offered motion to adjourn into executive session for discussion of county warrants with Charles Haugh, Commonwealth's Attorney. Motion was se~nded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwile~ Fisher~ Henley~ Thacker, Wheeler and Wood. NAYS:~n~r~ ~"'~-,~ ~'~¢c~. l~l~~ 1~ ~Z At the October:.-19 meeting of the Board~ it was requested that certain persons be present for a discussion of the Ivy and Keene landfills. Present were: Bill James, State Health Department; Homer Chevacci, Charlottesville-Albemarle Health Department; J. Harvey Bailey, County Engineer; and John Pollock, County staff. Mr. Pollack stated that he had been hired by the County to look at the problem of solid waste disposal and that he had made evaluations ddrimg the summer months. He had looked at the County's landfill operations and at other operations throughout the State and made recommendations for improvements in a report entitled "Solid Waste Disposal in Albemarle County" dated October, 1972. Since this report was released, operational procedures have improved. He felt that some of the improvements recommended would depend on the length of time these two landfill Sites will be in use~ although, some must be made before obtaining a State permit on July 1, 197~. When ques~ oned by Mr. Wheeler as to current improvements needed~ Mr. Poll~ck replied that there is a certain amount of ditching and ~ain pipes needed at Ivy and a need to cover old area that are exposed at this time. Odors will disappear with this procedure. At Keene the day-to-day operation is fine~ however~ there is a problem with disposal at night and on weekends. He stated that this creates a problem also at Ivy since an.~operator is not present to cover this immediately. Mr. Thacker asked if Totier Creek is contaminated by run off from the Keene landfill. Mr. Pollock replied that the State Water Control Board has tested for and found leachy in a stream leading to Totier Creek. He stated that if there is a large rainfall this would be worst and suggested that the small ~ettling dam be extended ten (1~) feet and that certain ground be seeded where ~over has erroded. Mr. James stated that Mr. Pollock had performed a service for the County at a nominal fee which by outside help might have cost $25,000. He also stated that the Keene landfill had been inspected this date and he felt the problems there ~ould be solved without extending the dam~ however, the operator needs help to police the site. 332 Mr. Wheeler suggested that Mr. POllock and others should inspect the landfills to see that the present contracts are being followed and report these findings to the Board. Mr. James suggested that the Board charge for use of the landfills and also suggested that containers be placed at the gates for night disposal. Mr. Thacker suggested to Mr. Batchelor that (1) Mr..Bailey and Mr. Pollock make a list of improvements to be made in operation: procedures at both si{es, (2) that a meeting with the contracters be scheduled and that they be invit6d to the next meeting of this Board and that (3) a person on the County staff be designated to see that the landfills are being operated properly. Mr. Fisher felt that the staff should look into getting gates and containers installed immediately and capital improvements as recommended in Mr. Pollock's report be. ldiscussed by the Board at a later date. Mr. Henley recommended that the matter of charging be investigated. Mr. Batchelor was instructed to include in a report to the Board aspects of closing the Keene Landfill at night and any other information pertinent to items discussed at th~s meeting. The Eier~ was instructed to notify the petitioner of SP-211 that W~dnesday, November 22 at $:30 P.M. is the time set for site review by this Board. Mr. Batchelor presented the following communication: "Mr. T. M. Batchelor, Jr. County Executive County Office Building Charlottesville, Virginia Dear Tom: The City of Charlottesville is presently making an application for a mass transit grant to the Department of Transportation. This grant will be for a mass transit study of Charlottesville and is proposed to cost approximately $38,000. The City's ~hare of this cost will be one-third and the Federal government will pick up two-thirds of the cost. The City Council would like to invite the County to participate in the study so that the urban fringe around Charlottesville might be duly considered in any overall plan to attack the problem of urban mass transit. Would you please discuss this matter with the Board of Supervisors at the earliest possible date to delermine if they are in~rested in participating in this study. I rather imagine that the County participation would add another $10,000 to the cost of the study, with the County being requested to pay one-third of that cost. Our timetable for submitting the grant is December 1st, so I would like to have an answer well before that time so that the grant application might be changed to refleot the County's participation if the Board of Supervisors deems this desirable. Please notify me as soon as you have an answer from them. Yours very truly, (Signed) Cole Hendrix, City Manager" Motion to approve the request was offered by Mr. Carwile~ seconded by Mr. Wood and carried by the following recorded vote:' AYES: Messrs. Carwile, Fisher, Henley, Thacker~ Wheeler and Wood. NAYS: None. 11 -1 6-72 333 Mr. Wheeler read the following letter inte the record: "November 1~, 1972 Mr. R. D. Wade 213 Surrey Road Charlottesville, Virginia Dr. Charles Hurt Route 29 North - Virginia Land Company Charlottesville, Virginia Gentlemen: Please be advised effective as of this date, that no Certificate of Occupancies will be given for any permit issued in Section 5, Canterbury Hills until such time the existing roads have complied with approved plans of the Virginia State Department of Highways. It has come to our attention that this road as constructed is not up to state specifications~ so So insure the welfare of future occupants and occupants now residing and to comply with all provisions of subdivision control, this road must be brought up to state standards. Sincerely, (Signed) John L. Hmmph~ey County Planner T. M. Batchelor, County Executive Gordon Wheeler, Chairman, Bd. of Supervisors Frank Burke, Virginia Land Company Herbert Pickford, County Attorney Mary Joy White, Senior Planner" Mr. Carwile offered motion to adjourn into executive session to discuss a matter which may be the subject of a public hearing. Motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, '~eeler and Wood. NAYS: None. The Board reco~ened. Upon proper motion, the meeting was adjourned. Chairman