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1983-05-04 134 May 4, 1983 (Regular Night Meeting) April 20, 1983 (Regular Night Meeting) ~-'-'-"-'--" --~. - - . -..- - .. .-.... --.. - .-- . ~.._- -Ii I: Ii Mr. Butler said he read the minutes of the meeting of September 23, 1982, and found those minutes in order. Motion was then offered by Mr. Butler, seconded by Mr. Lindstrom, to approve the minutes of September 16 and September 23, 1982, as presented. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Butler, Mrs. Cooke, Mr. Henley, Mr. Lindstrom and Miss Nash. NAYS: None. ABSENT: Mr. Fisher. Mr. Henley said he had received several telephone calls from citizens stating that Mr. Lindstrom and Mrs. Cooke had received privileged information regarding the formation of a police department and felt the public should be allowed access to that information if in fact, it does exist. Mr. Henley said he was not aware of any such information, but felt the matter should be discussed. Mrs. Cooke said she felt those accusations were strictly rumors. Mr. Lindstrom said he had personal knowledge about the situation which he feels should not be made part of the pUblic discussion regarding establishment of a police department. Mr. Lindstrom said Mr. Henley was present during all the discussions which took place by the Board, and that pOlice department discussions were not held during executive sessions not attended by Mr. Henley. Mr. Agnor said he has received similar inquiries from citizens about information being withheld, and he is not certain where these rumors had begun. Mrs. Cooke said it is her feeling that the pUblic is concerned about this idea not going to public referendum. Mrs. Cooke said she would have no problem with the idea being subject to referendum, but she has gotten the impression that the majority of her constituents desire the formation of a pOlice department. Agenda Item No.8. Adjourn. There being no other matters before the Board, at 9:50 P.M., Mr. Henley declared the meeting adjourned. ~~~(~ Chairman May 4, 1983 (Regular Night Meeting) A regular meeting of the Albemarle County Board of Supervisors was held on May 4, 1983, at 7:30 P.M., in Meeting Room #7 of the Albemarle County Office Building, Charlottesville, Virginia. BOARD MEMBERS PRESENT: Mr. James R. Butler, Mrs. Patricia H. Cooke, Messrs. Gerald E. Fisher, J. T. Henley, Jr., C. Timothy Lindstrom and Miss Ellen V. Nash. OFFICERS PRESENT: Messrs. Guy B. Agnor, Jr., County Executive; George R. St. John, County Attorney; and Robert W. Tucker, Jr., Director of Planning. Agenda Item No.1. Call to Order. The meeting was called to order at 7:30 P.M., by the Chairman, Mr. Fisher. Mr. Fisher said due to the exceedingly large number of people in attendance, agenda items one and two would be heard in Meeting Room #7 and the remainder of the agenda would be heard in the Auditorium. Agenda Item No.2. SP-83-14. Lorimer T. Harlow, request to locate a mobile home on 18.90 acres, zoned RA, Tax Map 089, Parcel 87B. Property located on east side of Route 631 about two miles south of intersection of Route 706 and Route 631, Scottsville Magisterial District. (Advertised in the Daily Progress on March 22, 1983.) Mr. Tucker read the Planning Staff report and the recommendation of the Planning Commission as follows: Request: Mobile Home Acreage: 18.9 acres Zoning: RA Rural Areas Location: Property described as County Tax Map 89, Parcel 87B, is located on the southeast side of Route 631, approximately one and one-half mile south of its intersection with Route 706. I I ~. ,', -L-,:.~_/ ~ E.7 c~ c? _J .'?/( ~ --/ 6"" . .//~._... -" Cr. " '.. - ,coPy 7~'> I I I :! 13~ May 4, 1983 (Regular Night Meeting) I Staff Comment: This site is undeveloped and heavily wooded, both with adult trees and ~nderstory growth. Letters of opposition were received from property owners In Lyon Woods. Three lots in that subdivision border this property on the east. The mobile home is proposed to be located 250 feet from the east boundary (i.e., Lyon Woods) and 300 feet from the public road. Due to the heavy vegetation on the property, Staff opinion is that the mobile home would not be visible from either the public road or Lyon Woods. The owner is requesting this mobile home for his son. The applicant recently obtained the property through settlement of a family estate and is unsure as to its future usage (i.e., he may wish to clear a portion of the property for pasture). Therefore, Staff has prepared a screening provision with options. Should the Commission and Board choose to approve this petition, Staff recommends the following conditions: 1. Except as otherwise provided in these conditions, compliance with Section 5.6.2 of the Zoning Ordinance; I 2. Mobile home to be located a minimum of 250 feet from Lyon Woods and 300 feet from Route 631; 3. Existing wooded areas adequate for screening between Route 631 and Lyon Woods to be maintained in a natural state or stockade fencing, vegetative plantings or other method of screening to be provided to the reasonable satisfaction of the Zoning Administrator. Mr. Tucker noted that the Planning Commission, at its meeting of May 3, 1983, voted to recommend approval of this special use permit with the three conditions recommended by the Planning Staff. Mr. Tucker noted that letters of opposition were received from Mr. And Mrs. William P. Palmer and Mr. Art Keyser. (NOTE: Copies of these two letters are on file in the office of the Clerk to the Board of Supervisors.) Miss Nash said there was another special permit request advertised for a mobile home for a Gwendolyn Harlow, to be located on Tax Map 089, Parcel 87 (part of). Miss Nash asked if this was the same piece of property and whether or not objections had been received. Mr. Tucker said there were no objections received on the Gwendolyn Harlow special permit request and that SP-83-9 was administratively approved with the standard condition for compliance with Zoning Ordinance Section 5.6.2. I Mr. Fisher declared the public hearing opened. First to speak was Mr. Lorimer T. Harlow. Mr. Harlow said he is requesting the permit for a mobile home to be used by his son, James T. Harlow. Mr. Harlow said his son has owned the mobile home for about four years and since he is unable to afford a standard home, Mr. Harlow offered his son a location for the mobile home on his land. Miss Nash asked about the entrance to the mobile home location. Mr. Harlow said it would be approximately three hundred feet from the intersection of Route 631 near the power line. No one else was present wishing to speak either for or against this special use permit request, and Mr. Fisher declared the public hearing closed. Miss Nash stated that the major objection presented at the Planning Commission hearing, was that the mobile home would erode the value of adjoining properties. Miss Nash said she traveled to this location and observed many other mobile homes in the vicinity. Miss Nash added that this particular site is set back a good distance and elevated, and felt this would make it difficult to see from the road. Miss Nash then offered motion to approve SP-83-14 with the three conditions recommended by the Staff and Planning Commission. The motion was seconded by Mr. Butler and carried by the following recorded vote: AYES: NAYS: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. None. I Agenda Item No.3. SP-83-15. Tommie L. & Rebecca Collier, to conduct a Home Occupation Class B On property zoned R-2. The property is located on the west side of Orchard Drive in Orchard Acres about 2/10 mile from intersection of Route 684 and Orchard Drive, Tax Map 055C, Parcel A32, White Hall Magisterial District. (Advertised in the Daily Progress on March 22, 1983.) Mr. Tucker read the Planning Staff report and the Planning Commission recommendation as follows: I Request: Home Occupation Class B Acreage: + 0.4 acres Zoning: R-2 Residential Location: Property, described as County Tax Map 55C, Parcel A32, is located on the south side of Orchard Drive in Orchard Acres Subdivision. Character of the Area: Orchard Acres Subdivision has an average lot size of about one-half acre. 136 May 4, 1983 (Regular Night Meeting) Staff Comment: The applicant proposes to operate an upholstery shop in a 400 square foot building to be constructed near the rear of the property, which would also serve as a storage building. The upholstery shop would be operated on a part-time basis with no employees. Power equipment would consist of an air compressor and staple gun. The applicant would pick up and deliver most furniture. Staff opinion is that with appropriate conditions of approval, an upholstery shop would: a) b) not be of substantial detriment to adjoining property; I not substantially change the character of the area; c) be in harmony with the intent of the Zoning Ordinance and with the public health, safety and general welfare. Staff recommends approval, subject to the fOllowing conditions: 1. Building area limited to 400 square feet; I 2. No employees; 3. Compliance with Section 5.2.2.1 of the Zoning Ordinance. Mr. Tucker said the Planning CommiSSion, at its meeting of May 3, 1983, voted to recommend approval of this special use permit with the three conditions recommended by the Staff. Mr. Tucker said a letter of objection was received from an adjacent property owner, Mr. Robert A. Johnson. (NOTE: Copy of Mr. Johnson's letter is on file in the office of the Clerk to the Board of Supervisors.) Mr. Fisher asked if this requested home occupation would require the use of water and/or sewage. Mr. Tucker said no employees would be allowed, the applicant's home is already on the property, and the business itself will not require additional water or sewage. Mr. Lindstrom asked if the proposed building is comparable in size to a two-car garage. Mr. Tucker said a two-car garage would be larger than the building proposed. Mr. Fisher declared the pUblic hearing opened. Mr. Tommy Collier was present and stated that everything pertaining to his business must be kept inside the building, that there would be very little additional vehicular traffic because he intends to pick up and deliver his work. Mr. Collier said he is proposing no water hook-up for this building, only electriCity. Mr. Collier said he has no objections to the conditions recommended by the Planning Commission. Mr. Robert Johnson said the letter he wrote objecting to this home occupation is no longer applicable. Mr. Johnson said he was unaware of the conditions restricting the number of employees and size of the structure allowed. Mr. Johnson said he did have one objection toward the procedure used in approving such applications. Mr. Johnson said once a Class B Home Occupation is approved in this strictly residential subdivision, this business can be substantially expanded, employees added and the structure increased in size, without additional review by the Board. Mr. Johnson suggested that the Board of Supervisors place an additional condition on the approval of this permit requiring site review every few years. Mr. 'Johnson said he was also opposed to a sign being used. I No one else from the public wished to speak either for or against this special permit request, and Mr. Fisher declared the pUblic hearing closed. Mr. Henley asked about the review procedure for home occupations. Mr. Tucker said review would only take place if complaints were received by the Zoning Administrator. Mr. Fisher asked what size sign the applicant would be allowed. Mr. Tucker said the Zoning Ordinance allows a four square foot sign. Mr. Fisher said since the proposed building is no larger than a garage and there is no additional water and sewer usage, he has no objections to approving this request. Motion was then offered by Mr. Henley, seconded by Miss Nash, to approve SP-83-15 with the conditions recommended by the Planning Commission. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. None. I At 7:)5 P.M., Mr. Fisher declared a brief recess in order to move into the Auditorium for the pUblic hearing on the establishment of a County Police Force. The meeting reconvened at 8:05 P.M. Agenda Item No.4. Public Hearing: Ordinance for the Establishment of the Albemarle County Police Force, in accordance with Virginia Code Sections 14.1-84.2(L) and 15.1-598 and 608. (Advertised in the Daily Progress on April 19 and April 26, 1983.) I Mr. Fisher stated that this ordinance has been advertised for public hearing and that he wished to read the proposed ordinance into the record as follows: 137 May 4, 1983 (Regular Night Meeting) o R DIN A N C E BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia: A police force as defined in Virginia Code Section 14.1-84.2(L) is hereby established which shall be responsible on and after June 1, 1983, for the prevention and detection of crime, the apprehension of criminals, the safeguard of life and property, the preservation of peace and the enforcement of state and local laws, regulations and ordinances. I This police force shall be and hereby is designated the Albemarle County Police Force and shall consist of a chief of police and five full time police officers. I The chief of police and all other personnel of the Albemarle County Police Force shall be appointed pursuant to Virginia Code Section 15.1-598 and shall constitute a division of the County's Department of Law Enforcement under Virginia Code Section 15.1-608. All initial appointments to the positions established hereby shall take effect on June 1, 1983. The salary scale for members of the Albemarle County Police Force shall be prescribed from time to time by the County Board of Supervisors within the regular budgetary and appropriation process. It is the intent of this ordinance that the Albemarle County Police Force shall be jointly responsible with the Sheriff's Department for Law Enforcement in the County, and this ordinance is not intended to diminish the present authority or responsibility of the Sheriff. Mr. Fisher said there have been studies made of law enforcement activities in the County over the last few years. Mr. Fisher referred to the 1975 study of the Sheriff's Department and the more recent study Police Executive Research Forum, stating that both studies agreed that more officers with better training are needed, additional space, better administrative procedures and more money are required. Mr. Fisher said renovations are currently taking place to provide the additional space. Mr. Fisher noted the study by the Police executive Research Forum in WaShington, D.C. was requested by the City/County Consolidation Committee, and the study recommends a police force separate from the Sheriff's Department. Mr. Fisher said he personally disagrees with the recommendation in the report that the City and County consolidate police forces, but feels that since Albemarle County cannot expect additional funding of a Sheriff's Department by the State Compensation Board, a police force is the only alternative for Albemarle County. I Mr. Fisher said in his opinion there are two decisions which must be made by the Board of Supervisors; first a decision must be made as to whether or not to create a police force in Albemarle County, and second the procedure by which to make that change. Mr. Fisher said any decision on holding a public referendum would have to be made after the Board of Supervisors declares its intent to institute a police force. Mr. Agnor spoke next, stating that the idea of a separate police force has been under consideration for a number of years, even prior to the 1975 recommendation. Mr. Agnor said if a police force were to be formed, the job security of "career professionals" would be totally separated from the political process currently existing in the Sheriff's Department. Mr. Agnor said intensive training is required and those professionals are looking not only for job security, but for other personnel benefits which are not available under the Sheriff's authority. Mr. Agnor said the process to be followed should the Board of Supervisors adopt this ordinance to establish a police force, would be first, notify the State Department of Planning and Funding that Albemarle County intends to seek funding allowed by H.B. 599 for a police force. Mr. Agnor said this funding requires a twelve-month eligibility and funds would therefore not be available until July, 1984. Second, the Sheriff would be appointed the Chief of Police and assigned five officers under his juriSdiction until July, 1984. Third, on January 1, 1984, a deputy chief would be employed and on July 1, 1984, that deputy chief would become the new Chief of Police for Albemarle County. On July 1, 1984, the Sheriff's function would be changed to serving civil papers and overseeing the court system. I Mr. Agnor said the State Compensation Board funds for the support of the Sheriff's Department would continue at the current level until June 30, 1984, at which time those funds would only support the Sheriff's Department handling the civil and court function; 599 funds would then be received from the State to support the police force. Mr. Agnor noted that 599 funds are not expected to be received at the same level of funding as the funds now being received by the Sheriff's Department from the Compensation Board. I Finally, Mr. Agnor stated that with the exception of the law enforcement department, there is at the present time very low turnover in personnel in the Albemarle County government offices. Mr. Agnor said it is very important to retain personnel in which the County has invested time and money in training and to use the security offered by a pOlice force as an incentive to recruit and expand the department in the future, if necessary. At 8:25 P.M., Mr. Fisher declared the public hearing opened. First to speak was Mr. John Carter who said he conducted an independent poll of the citizens of Albemarle County to give the public an opportunity to express an opinion on the establishment of a police force. Mr. Carter stated that the results of his poll indicate that an overwhelming majority of the respondents resent the Board of Supervisors' intent to establish a police force without giving the citizens the opportunity to vote. Mr. Carter said it is his opinion that more facts should be presented to the pUblic and that any existing problems with the present Sheriff's Department could be easily corrected through better financing by the County. Mr. Carter then presented the following results of the poll: 138 May 4, 1983 (Regular Night Meeting) District Yes No White Hall District Samuel Miller District Scottsville District Rivanna District Jack Jouett District Charlottesville District Total Votes Received 8.1% ( 25) 19.6% ( 79) 14.5% ( 23) 19.7% ( 76) 27.1% ( 44) 28.9% (101) 348 91.9% (286) 80.4% (324) 85.5% (136) 80.3% (309) 72.9% (118) 71.1% (249) 1,422 Mr. Carter requested the Board to defer any action on a decision until more detailed facts and figures are presented to the public, or until a referendum is held. I Next to speak was Mr. Edmond Berkeley. Mr. Berkeley said he would like to see more conclusive information made available to the public on why a police force should be established. Mr. Berkeley said he felt the Board of Supervisors was overly anxious to establish this police force prior to a new Virginia Law going into effect which requires a referendum on such matters. Mr. Bill May spoke next stating that the issue of a police force versus a Sheriff's Department is not really the important issue in this instance. Mr. May said his reason for speaking tonight is to regain the rights of the citizens in having a vote on this matter in the form of a pUblic referendum. Mr. May said the right to vote is the basic right which separates the United States from many other countries in the world, and that the Albemarle County Board of Supervisors should not create an exception to this very important rule. I Next to speak was Mr. Ben Sneed of Earlysville. Mr. Sneed said he felt if the Sheriff's Department were properly funded, law enforcement in Albemarle County could be more than adequately met. Mr. Sneed said he felt a separate pOlice force was an unjustified expense. Mrs. Opal David said she was speaking as a representative for the Five C's Committee (Citizens Committee for City/County Cooperation). On April 25, 1983, it was unanimously agreed that the Committee go on record supporting the establishment of a police force. Mrs. David said the purpose of the Committee is to improve public service for citizens of both the City and the County. Mrs. David said although the proposed police force is strictly under consideration for Albemarle County, it was the Committee's opinion that a police force totally independent from political influence will better serve it's citizens. Mrs. David noted that in 1933, a referendum vote of the citizens of Albemarle County established the County Executive form of government, which included the right of the Board of Supervisors to establish a police force. Mrs. David noted further that those rights have not been changed. Mrs. David mentioned the bill recently passed by the House of Delegates requiring a ref- erendum to establish a police force, and said it was sponsored by the Sheriff's Association for self-interested reasons. Mrs. David said she wished to make some comments on her own behalf, stating that the County has considered on numerous occasions the change from a Sheriff's Department to a police force, but that the stumbling block has always been money. Mrs. David said that has now changed with the 599 funding available for police forces, and she recommended that the Board of Supervisors take the necessary steps to make the change. I Mr. Buddy Rittenhouse said he has been a police officer with the Charlottesville Police Department for seventeen years. Mr. Rittenhouse said he is currently running for the office of Sheriff in Albemarle County, but felt the best decision for the County to make would be to remove police duties from the political arena. Mr. Rittenhouse said to date the County has been fortunate in that the people elected have been well qualified, but that is no guarantee for the future. Mr. Rittenhouse said that as the County grows, so will the need for more service, better technology and quality as well as increased funding. He feels the Board of Supervisors is in a better position to evaluate those needs than is the average citizen. Mr. J. B. Morris of Earlysville presented the Board of Supervisors with a petition containing 262 signatures supporting a public referendum on this issue. (NOTE: Original petition as submitted is on file in the office of the Clerk to the Board of Supervisors.) Mr. T. W. Hawkins said he has been a detective-sergeant with the County Sheriff's Department for the last thirteen years. Mr. Hawkins presented statistics regarding the size and growth of Albemarle County, and stated that population estimates for Albemarle County in 1990, are approximately 70,000 citizens and that the State Compensation Board would only authorize 35 officers. Mr. Hawkins said presently, the City of Charlottesville has 110 officers to cover ten square miles and 40,000 citizens. Mr. Hawkins noted many other factors to describe the wide difference between police coverage offered by the City and by the Sheriff's Department of Albemarle County. Mr. Hawkins said he and most other officers work many extra hours overtime without pay; there is no grevience procedure for job protection; and no guarantee of retaining your job every four years due to an election. Lastly, Mr. Hawkins said he believed if the question of a police force went to public referendum, people would not totally understand the current problem in the Sheriff's Department, and vote down such a change because of the potential for increased taxes. Mr. Hawkins encouraged the Board to adopt the ordinance as presented. I Mr. Rick Bowie spoke next stating the citizens have no facts as to what is wrong with the current Sheriff's Department, the benefit of a police force, cost of a police force, and can the problems with the Sheriff's Department be remedied without changing to a police force. Mr. Bowie said he felt what was being attempted was a piecemeal consolidation with the City. Mr. Bowie said he does not want his future decided by a bureaucracy, but by a referendum of the citizens. I I I I I I / 139 May 4, 1983 (Regular Night Meeting) Mr. Harry James of Earlysville said he felt there was a definite need for greater police protection in the County, that the present staff was not adequate to provide the necessary service to the citizens. Mr. James said he felt no need for a referendum on this matter, because if the citizens do not like the Board's decisions, the Board can be voted out of office at election time. Mr. Frank Lankford said in response to Mr. Carter's survey, he felt it was not a true cross section because of the 10,000 mailings, only 1,700 were returned. Mr. Lankford said he did not feel seventeen percent is a representative voice of the voters of Albemarle County. Mr. Lankford said the American way of government is representative, and that the citizens of Albemarle County elected the Board of Supervisors to make the necessary decisions for the citizens. Mr. Lankford said he supports the resolution to establish a police force. Mr. Robert Merrill of Greenwood spoke next stating he felt a police force would cost taxpayers substantially more money. Mr. Merrill said he did not want to give up his right to electing the chief law enforcement officer for the County. Mr. Merrill said he felt the Board could improve the Sheriff's Department to allow better coverage of the urban areas, develop a grievence procedure and pay overtime to deputies; the same as a police force, without changing the current system. Mr. Jack Camblos said as a lawyer who has practiced in both the City and County for thirty-four years, he has never seen any political influence exerted over the enforcement of law in Albemarle County. Mr. Camblos said many improvements could be made in the Sheriff's Department to upgrade coverage and benefits, and still not cost County taxpayers the same rate per capita. Mr. Camblos complimented the Sheriff's Department on it's professionalism and quality, and criticized the Board for not allowing such an important decision to be made by the citizens through a referendum. Mr. Frank Eways said he is a former candidate for the position of Sheriff in Albemarle County and has a substantial background in law enforcement. Mr. Eways said his concern is not whether or not to change to a police force, but mainly with the manner in which this matter has been presented to the people. Mr. Eways said a great deal more information should have been made available to the citizens through the newspaper or regional meetings, etc. Mr. Eways said the public is entitled to make a rational decision based on rational information. Mr. Daniel J. Van Clief spoke next stating he fully supports the police force because it is his feeling that a law enforcement officer should do only that one job, not serve civil papers one day and pursue criminals the next. Mr. Van Clief said he felt Mr. Carter's survey was flawed in that it presented complicated questions to the public rather than yes/no statements. Mr. Van Clief felt law enforcement should be totally separated from political judgements. Mr. Van Clief said it is totally within the delegated power of the Board of Supervisors to adopt this ordinance and that a referendum is not necessary. Mr. Van Clief recommended the Board adopt the ordinance to create a police force. Mr. John Jones, a representative of the Virginia State Sheriff's Association, spoke next. Mr. Jones said it is the concensus of opinion of the members of the Sheriff's Associ- ation, that the State Code intends that Sheriff's Departments enforce the law in localities in the State of Virginia. Mr. Jones said although the Sheriff's Association supported the bill requiring a referendum to create a police force, the bill passed through the House and Senate unchanged, which he interprets to mean that the bill was totally supported by the General Assembly. Mr. Jones said deputy sheriff's can not be dismissed for strictly political reasons, and also that deputies can receive exactly the same training as police officers. Mr. Jones said if the Board is willing to provide additional funding to the Sheriff's Depart- ment, any present deficiencies can be eliminated. Mr. Don Wagner of Great Eastern Management Company spoke next, stating he felt it was time for a change, that he supported the statement made on behalf of the Five-C's Committee, and encouraged the Board to make the change to a police force. Mr. Joe Gibson of Ivy spoke next. Mr. Gibson said he felt there was not adequate information presented on this matter to the public. Mr. Gibson said he has no complaint about the present Sheriff or his deputies, but felt the law enforcement duties should be handled exclusively by one department and not combined with court duties. Mr. Gibson said he was not in favor of a referendum to decide this question because he felt it was part of the responsibility assumed by the Board members when elected to office. Mr. William Washington of Greenwood said he agreed with the comments stated by Mr. Agnor, but felt the County was on the wrong road. Mr. Washington said he could not understand why additional money could not be used to improve the present Sheriff's Department rather than establish a police force. Mr. Washington said he felt the establishment of a police force was only the first step toward full consolidation with the City of Charlottesville. Mr. Washington said this is in direct opposition to the City/County Revenue Sharing Agreement and such a merger would create a bureaucracy that would be top heavy with administrators. Mr. Washington urged the Board not to adopt the ordinance. Next to speak was Mr. Herman Loose of Keswick who said although a police chief would be appointed by the Board of Supervisors, in fact this also would be a political appointment because a police chief would serve at the pleasure of the Board. Mr. Lindstrom commented that although the Board of Supervisors would appoint a police chief, that appointee could not be let go for political reasons. Mr. Henley commented that it would be the same as it presently is, that being that deputies cannot be fired for strictly political reasons. Mr. Loose said he felt this was, in reality, taking away the ability of the citizens to have a say in the type of police protection they desire. 140 May:L 1983 (Regular Night Meeting),_.._________ -------------...-- ------------- ----- .----.-- - ----. -- --- - ,-- .. ----. ---...- - '''- -. - -.- . '---- ...- - -.. --------. .. - ---. --------#-- -- --- -- Mrs. Doris Davis of Crozet spoke next. Mrs. Davis said she was greatly concerned about 'I ' ~he apathy and frustration of the citizens of Albemarle County, in that so few people felt It would do any good to come before the Board of Supervisors and express their opinion. Mrs. Davis said she feels the creation of a police force would only lead to merger with the City of Charlottesville. Mrs. Davis said she feels the present deputies are dedicated to their work and that people on a police force who are paid no matter what, may not be so dedicated. Mrs. Davis urged the Board to consider this matter very thoroughly before making a decision which will certainly cost the County more money and may not provide better service or dedication. i I II II 11 Ii !I II I I I ! I Ii II II Ii ,I II I. I' II II II II Mr. Jack Kegley said he has not read any information which will help him determine that II a police force has any benefits over the existing Sheriff's Department. Mr. Kegley said it ~ seems the only problem is money, and that additional money can either help bolster the present ~ I' Sheriff's Department, or create a police force. Mr. Kegley said he feels the Sheriff is doing ~ a fine job and can see no reason for change. ~ Ii Ii " Ie 11 ,. 11 Mr. Layton McCann spoke next stating he would favor a referendum only because it might get more information out to the people. Mr. McCann said it was his opinion that a police force would most likely cost the taxpayers more than the additional $200,000 because of .:.......11 overtime pay and additional manpower. Mr. McCann urged the representatives from the rural . districts to listen to the citizens, and noted that the only citizens to benefit from a larger law enforcement department would be the urban citizens. Mr. Max Cole of Crozet said the career status of the deputies can be improved without changing to a police force. Mr. Cole then asked about the future status of the Sheriff's Department and deputies assigned to serve the courts. Mr. Fisher said the Sheriff is elected as a constitutional officer and the Board of Supervisors has no power over that department. I Mr. Fisher said there would be no changes in the policies of that department caused by this I ordinance. I' " .I II I i Mr. Robert Layman spoke next, quoting Abraham Lincoln in that no man is good enough to govern another man without his consent. Mr. Layman said the Board of Supervisors does not have his consent on this matter and that he desires a referendum. ;1 ., ..';'1' No one else wished to speak either for or against the ordinance, and Mr. Fisher declared . the public hearing closed. I :1 I Mr. Lindstrom said he wished to make a response to a statement made during the pUblic I:,;:.... hearing, that being that he has no plans to support a movement toward full consolidation of : the County and City law enforcement departments. Mr. Lindstrom said he has grave reservations i'ii' about any consolidation with the City, and although he does support the creation of a police I: force, it is not supported as a means toward consolidation. Miss Nash and Mrs. Cooke said Ii!. they totally agreed with the statement made by Mr. Lindstrom. ; I' Ii II I; II II At 10:10 P.M., Mr. Fisher declared a brief recess. The meeting reconvened at 10:23 P.M. Mr. Lindstrom said he would favor taking a vote on adoption of the ordinance tonight. Mr. Lindstrom said he is very sensitive to the criticism that this Board is not sensitive to pUblic comment. Mr. Lindstrom said ever since he first took office, he has held public :1 meetings in his district to try and gain public opinion. Mr. Lindstrom said attendance at those meetings has been very poor. Mr. Lindstrom said many of his constituents have called I him speaking in favor of the police force, yet those same people refused to come and speak ' at this public hearing because they felt it was Mr. Lindstrom's job to represent them. Mr. Lindstrom said he has also received some calls opposed to the police force so he realizes that not everyone can be pleased. Mr. Lindstrom said it would be very easy to support a referendum, but felt the only reason a referendum has even been mentioned is because of the action taken by the General Assembly at the instance of the Sheriff's Association. Prior to the passage of that bill, there was never any fear of how the Board of Supervisors would use their authority. Mr. Lindstrom said he supports making a decision on this matter tonight, and that he is for the establishment of a police force. Mr. Lindstrom said he wishes to see law enforcement as far away from the political arena as possible. Mr. Lindstrom said he is ready to vote on this issue tonight. Miss Nash said she tried to get a feel for public oplnlon in the Scottsville District on this matter by sending out a letter to the people in her district. Miss Nash said she was glad to hear from several people in her district who were present tonight, who ask for the establishment of a police force with no referendum. Miss Nash said she is not totally certain of her history, but could not remember President Lincoln calling for a referendum when he issued the Emancipation Proclamation. Miss Nash said if the Board waits to decide this issue, another year of eligibility for State funds will pass, and the election of a Sheriff for a new four-year term will occur further complicating the matter and causing added delays. Miss Nash said she supports the ordinance to create a police force and is ready to vote on the matter tonight. said Mrs. Cooke/she is for creating a police force without referendum. Mrs. Cooke said she has tried to be very responsive to her constituency. Mrs. Cooke said she feels with the way Albemarle County is growing so quickly and with the ever increasing crime rate, a police force is now essential. Mrs. Cooke said she agrees fully with Mr. Lindstrom and Miss Nash that the need for a police force exists, but would like to see a decision delayed until all the materials on which the Board of Supervisors is basing its decision tonight, can be made available to the public. Mrs. Cooke said so many speakers tonight claimed they had no information about this matter, and she would like to see that information made available. Mr. Henley said he might "step on some toes tonight", but felt a need to make this statement. Mr. Henley said even though the Board voted to have a study conducted for the pOSSible consolidation of the City and County law enforcement departments, he did not believe any Board member had the intention at that time of approving such a consolidation. Mr. Henley ';'.1, said at a Board meeting held after receipt of the study, he could remember Mr. Lindstrom . saying that the majority of people in his district were satisfied with Sheriff Bailey; I I I I i I I I ;~ i: n I: Ii Ii ,. I! Ii Ii ji Ii l! Ii H i; I! il II :I II iJ II Ii II i' Ii Ii I: Ii h Ii i I I I; J ~ 141 I May 4, 1983 (Regular Night Meeting) cJ..)j J..J..c.iu .<:.cxl:.cu')LU..--L th:... ..Jb.,)J/ 1 :, , C01>U~'UI) iD k..0? (b.puiJi'l a.iJ.ot.u tk /J.pa:7Jl<.,v:t.1lilj~) Llu:.hfiU ami.. :.tI<..W- <!tp4aed. IU...I-/L Ui...- -tka.t:. deo'1ih<, " ""f1iv-<-' r1 g'-!G-tfi . then the Sheriff'sJmemorandum was issued which stated reasons and support for the creation I~ of a police forc~ Mr. Henley said at the next Board meeting an executive session was held (at which he was not present) and following that session there was suddenly support for the creation of a police force. Mr. Henley felt that sudden support was due to Sheriff Bailey's memorandum. Mr. Henley said during budget work sessions, Sheriff Bailey initially requested four new deputies; that number was later reduced to two because of the Sheriff's statements that he felt that was a sufficient increase, now it is stated that the reason for a police force is mainly because the Sheriff's Department is understaffed. Mr. Henley said he felt the Sheriff's Department should have more men and that the men presently working are good officers and dedicated individuals, and that it is cheaper to retain the Sheriff's Department and hire more men than to go with a police force. Mr. Henley said the present Sheriff is accountable to the people for the job he does, he has always been impartial, he is efficient, and has properly trained and qualified deputies, and has never been criticized by the Board for improper handling of his department. Mr. Henley said it was stated that the job of covering law enforcement and the circuit court is too large for one man to handle, and questioned how Mr. Agnor could take on this extra duty since he already has many other departments to oversee. Mr. Henley concluded by stating he would like to see a referendum held in order to let the citizens decide this issue. I Mr. Butler said he was on the fence, although he feels the need for a police force, his major concern is where the County will get the large amount of money needed to support a police force, and still adequately fund all other departments and services. Mr. Butler said he feels most responsible to the people who have to pay the taxes. Mr. Butler said he would like to delay a decision for a week so the public can obtain the information they have requested, and then he would like to see the Board of Supervisors make the decision because he feels it is the Board's responsibility. Mr. Fisher said he has mainly heard calls for referendums on issues that were unpopular. Mr. Fisher likened this issue to the recently presented budget which was soundly criticized for not accommodating higher raises for teachers, and yet Mr. Fisher said he believes if that budget were set before the public in a referendum, it would have been reduced. Mr. Fisher said regardless of whether the County institutes a police force, changes must be made; i.e. add more deputies, training and benefits. Mr. Fisher said the major question is, what is the best way to manage a much larger department. Mr. Fisher said he is not going to say any more on the subject. I Mr. Lindstrom said he wished to respond to Mr. Henley's comments. Mr. Lindstrom said when the Sheriff came before the Board requesting additional deputies, if the Sheriff had requested four, the Board would certainly have considered the request. Mr. Lindstrom said one of the major concerns of the Board in establishing a police force was how to do so without an increase on the real estate rate in the same year with the general reassessment. Mr. Lindstrom said the Board cannot sit down with the Sheriff and discuss how the Sheriff should run his department, because the Sheriff is an elected official. Mr. Lindstrom said Mr. Henley's comments about the Board discussing the police force issue in an executive session are untrue, that no such discussion took place in Mr. Henley's absence. Mr. Lindstrom said he felt a referendum would become an issue solely pertaining to the present Sheriff, and Mr. Lindstrom said the present Sheriff is in no way the reason for this proposed action. Mr. Fisher requested a motion on this question. Motion was then offered by Mrs. Cooke to defer action on this ordinance until May 11, 1983, and requested a complete and concise report concerning all the facts presently available to this Board be made available to the news media and the public so that the citizens of Albemarle County can know the facts and understand the facts on which the Board will base its decision. The motion was seconded by Mr. Butler. Miss Nash said she would not support the motion because she felt so much material would confuse the public rather than inform the public. Mr. Lindstrom said he would support the motion. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Butler, Mrs. Cooke, Mr. Fisher, Mr. Henley and Mr. Lindstrom. Miss Nash. Agenda Item No.6. Other Matters Not Listed on the Agenda. Mrs. Cooke stated she had read the minutes of the Board of Supervisors meeting of November 11, 1982, and found no changes necessary. Miss Nash said she had read the minutes of the meeting of March 16, 1983, and found no corrections necessary. I Mr. Butler said he had read the minutes of November 3, 1982, and requested the clerk to verify the election results for the State House of Delegates election. (NOTE: The vote count was verified by the Clerk of the Board of Supervisors and found to be correct as reported. ) Mr. Fisher said he had read the minutes of the meeting of February 7, 1983, and found no corrections necessary. I Motion was then offered by Mrs. Cooke, seconded by Miss Nash, to approve the minutes of the Board of Supervisor meetings of November 3, and November 11, 1982, and February 7 and March 16, 1983. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. None. 142 '.I May 11, 1983 (Regular Day Meeting) Mc:L~.!-~_~~~_ (Regul<33 Night ~e~.E!-!?-g)__ ---~-''''---''<-'~'--------_._--_._._--~-_..~_.~._.~ --,.... --...- --.. T' ---'-'-'- ,--- the I II 'l Agenda Item No.7. Adjourn. At 11:05 P.M., there was no further business before Board, and Mr. Fisher declared the meeting adjourned. J~r:jlL Chairman \ May 11, 1983 (Regular Day Meeting) A regular meeting of the Albemarle County Board of Supervisors was held on May 11, 1983, at 9:00 A.M., in Meeting Room #7 of the Albemarle County Office Building, Charlottesville, Virginia. BOARD MEMBERS PRESENT: Mr. James R. Butler (Arrived at 9:11 A.M.), Mrs. Patricia H. Cooke, Mr. Gerald E. Fisher, Mr. J. T. Henley, Jr., Mr. C. Timothy Lindstrom (Arrived at 9:08 A.M.), and Miss Ellen V. Nash. OFFICERS PRESENT: Messrs. Guy B. Agnor, Jr., County Executive; George R. St. John, County Attorney; and Robert W. Tucker, Jr., Director of Planning. Agenda Item No.1. Call To Order. The meeting was called to order at 9:09 A.M., by the Chairman, Mr. Fisher. Mr. Fisher noted that today is Youth In Government Day and that several students fronl Albemarle High School will be attending today's meeting. Agenda Item No.2. Consent Agenda. Mr. Fisher said he wished to discuss Item No. 6a., the April 20, 1983, application for approval and certification for rebuilding the Charlottesville-Gordonsville Transmission Line by Vepco in greater detail, and asked for I!,'." approval of the consent agenda with this item removed. Motion was offered by Miss Nash, , seconded by Mr. Lindstrom, to accept and approve the consent agenda with item 6a removed. I Roll was called and the motion carried by the following recorded vote: AYES: Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. NAYS: None. ABSENT: Mr. Butler. Item No. 2.1 Statement of Expenses for the State Compensation Board for the month of April, 1983, for the Director of Finance, Sheriff, Commonwealth's Attorney and Regional Jail, were approved as presented. Item No. 2.2. Resolution to take Deepwoods Road in Loftlands Wood Subdivision into the State Secondary System requested by Kenneth Youel, President of Loftlands, Inc., on April 18, 19b3, was adopted as follows: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the Virginia Department of Highways and Transportation 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 road in Loftlands Wood Subdivision: Beginning at station 0+11, a point common to the centerline intersection of Deepwoods Road and edge of pavement of Loftlands Drive; thence in a southerly direction 1,239 feet to station 12+50, the end of the cul-de-sac of Deepwoods Road. BE IT FURTHER RESOLVED that the Virginia Department of Highways and Transportation be and is hereby guaranteed a 50 foot unobstructed right of way and drainage easement along this requested addition as recorded by plat in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 658, page 181. r .1 I' 'I Ij Item No.2. 3. Report of the Department of Social Services for the month of March, 1983, !; was presented in accordance with Section 63.1-52 of the Code of Virginia. !j i presented II II I: Ii I Item No. 2.4. Report of the County Executive for the month of April, 1983, was as information in accordance with Virginia Code Section 15.1-602. Claims against the County which had been examined, allowed and certified for payment by the Director of Finance and charged to the following funds for the month of April, 1983, were also presented as information: I I 'I ! I I I ' I G0-f' U;Ut c( I 'k~~~~ Ii 14A{ , II I 'I I! ,1 !l II Ii ,I II Ii II I! II 11 Ii II Ii Ii IJ I; I! 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