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1983-05-14[34 May 4, 1983 (Regular Night Meeting) April 20, 1983 (Regular Night Meeting) 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 informatian, 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 mot 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 b~gun. 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, a~ 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 A~torney; 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 Plan~ing Commission as follows: Request: Mobile Home Acreage: 18.9 acres Zoning: RA Rural Areas Location: Proper~y 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. May 4, 1983 (Regular Night Meeting) 135 Staff Comment: This site is undeveloped and heavily wooded, both with adult trees and understory 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: Except as otherwise provided in these conditions, compliance with Section 5.6,2 of the Zoning Ordinance; Mobile home to be located a minimum of 250 feet from Lyon Woods and 300 feet from Route 631; 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. 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. 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: 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. May 4, 1983 (Regular Night Meeting) ORDINANCE 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. 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. 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. Ail 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. MU. 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. 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 Supervisor 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. Mx. 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. Agno~ 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. 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: 139 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. Y~. 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 no~ 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. M~. 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. ~. 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 theestablishment 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. then the Sheriff's~memorandum was issued which stated reasons and support for the creation of a police force~. 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. .t41 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. Fishe: 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. Mr. Lindstrom said he wished to respond to Mr. Henley's comments. Mr. Lindstrom said when the Sheriff came b~fore 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 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 ll, 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. 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. 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.