1979-07-11 375
July 11, 1979 (Day Meeting)
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held
on July 11, 1979, at 9:00 A.M. in the Board Ro~om of the County Office Building, Char-
lottesville, Virginia.
Present:
Roudabush.
Absent:
Messrs. Gerald E. Fisher, J. T. Henley, Jr., C. Timothy Lindstrom and W. S.
Messrs. Lindsay G. Dorrier, Jr. and F. Anthony Iachet~a.
Officers Present: County Executive, Guy B. Agnor, Jr. and County Attorney, George R.
St. John.
Agenda Item No. 1. The meeting was called to order at 9:10 A~M. by the Chairman, Mr.
Fisher who noted that Mr. Dorrier is serving active duty for the armed forces and Dr.
Iachetta is away on a business trip.
Mr. Fisher said since the Board had scheduled a break the last two weeks'of August,
but now it appears that an extra meeting will have to be held to hear zoning petitions
which~ ~the Planning Commission will hear on August 14th. He suggested that the Board hold
this meeting on August 16 at 7:30 P.M. at the Albemarle County Courthouse. The Board
members present concurred.
Agenda Item No. 2.
May 10, 1979.
Approval of Minutes:
February 28, March 21 (Night), May 2 and
The minutes of February 28 and March 21 (Night) had not been read.
Mr. Lindstrom noted the following corrections to the minutes of May 2, 1979: Page
275 , seventh paragraph, first line--insert "stated that he" between "Lindstrom and";
second line--insert "He further stated that" before "There." Page 275, agenda item No. 4,
second paragraph--delete "the applicants are brothers" and insert "the same property is
affected in this case."
Mr. Roudabush had no corrections to the minutes of May 10, 1979.
Mr. Lindstrom then offered motion to approve the minutes of May 2, and May 10, 1979
as corrected. Mr. Henley seconded the motion and same carried by the following recorded
vote:
AYES: Messrs. Fisher, Henley, Lindstrom and Roudabush.
NAYS: None.
ABSENT: Messrs. Dorrier and Iachetta.
Agenda Item No. 3a. Public Hearing: Abandonment of portion of Route 668. (Deferred
from June 13, 1979). This item was deferred to allow the property owners time to work out
an agreement for the necessary easement.
The public hearing was reopened. No one was present to speak for or against the
matter and the public hearing was closed.
Since neither of the concerned property owners were present, Mr. Henley said he would
check on the status of the agreement. He then offered motion to defer this item to August
8, 1979. Mr. Roudabush seconded the motion and same carried by the following recorded
vote:
AYES:
NAYS:
ABSENT:
Messrs. Fisher, Henley, Lindstrom and Roudabush.
None.
Messrs. Dorrier and Iachetta.
" ~enda I~em No. 3b. Other Highway Matters.
Mr. Agnor presented the following letter from the ViPginia Department of Highways and
Transportation:
"June 12, 1979
As requested in your resolutions dated November 9, 1977 and May 9, 1979, the
following additions to the Secondary System of Albemarle County are hereby
approved, effective July 1, 1979.
Additions
Ches't'nut Grove Subdivision
Chestnut Lane - From: St. Rte. 664
To: End of Cul-de-sac.
Length
0.30 M1.
Ivy Farm Subdivision
Foal Lane - From: St. Rte. 1015
To: End of Cul-de-sac.
0.18 Mi."
Mr. Agnor noted letter dated July 3, 1979 from Mr. Dan S. Roosevelt, Resident Engineer,
Virginia Department of Highways and Transportation, regarding the status of the logo signs
on 1-64. The contract for the work has been let and construction is underway; hopefully,
the project will be completed this year.
376
July tl, 1979 (Day Meeting)
sad
Mr. Fisher asked if this was approval for the final drawings. Mr. Dan Roosevelt
d no, only approval of the Public hearing. The plans have to be revised to reflect the
changes from the public hearing and right-of-way has to be purchased.
Mr. Fisher noted receipt of the following letter:
"June 13, 1979
Mr. Gordon Leake
Administrative Services Manager
State Farm Automobile Insurance Company
Eastern District Office
Charlottesville, Virginia 22903
Dear Mr. Leake:
Reference is made to our traffic signal study at the intersection of Route 250
and Route 20 in Albemarle County.
The Department has completed its study at this location and finds that traffic
volumes do not now warrant a traffic signal. This study incorporated anticipated
State Farm traffic in the morning and afternoon as well as during the lunchtime
period. The study itself is rather lengthy, and I have, therefore, not included
a copy with this letter. I would be more than happy to review the details of
this report and make a copy available to you if you desire.
Our study did determine that an additional lane along Route 20 approaching its
intersection with Route 250 would facilitate right turns at this location. I
have requested and received an allocation to construct this right turn lane.
hope to complete this construction prior to your firm occupying its new building
on Pantops.
The Department recognizes that traffic volumes at the intersection of Route 20
and 250 are increasing rapidly. We will keep this location under observation and
make additional surveys of the need for a traffic signal as soon as volumes appear
to warrant such action.
Yours truly,
(Signed) D. S. Roosevelt
Resident Engineer"
Mr. Fisher asked when the right-turn lane is scheduled for construction. Mr. Roosevelt
said hopefully by September or October. The lane is basically to handle current traffic.
Surveys will be made periodically, at this location: Mr. Roudabush asked if the inter-
section is approaching the need for a traffic signal. Mr. Roosevelt said yes, and he is
trying to work its installation in to a city project at the intersection Of High and Long
Streets so the lights can be synchronized for a smoother traffic flow.
Mr. Agnor noted letter from Mr. Robert F. German, dated June 21, 1979, concerning a
request to have a road off Route 20 North and opposite Route 621 to be taken into the
State Secondary System.- Mr. German states that the property owners are not able to raise
$6,250 which is the amount necessary for the road to be taken into the System. Therefore,
they request the County to finance the cost.
Mr. Roosevelt said the road is in a subdivision which has been platted since 1949.
This addition falls under the policy of 50/50 (County/Property owners) split. Mr. Roudabush
said he would explain the situation to the property owners.
Mr. Roosevelt said that since the last section of Whitewood Road was taken into the
State System, the "End of State Maintenance" signs on Whitewood Road have been moved
approximately 150 feet north of Commonwealth Drive. There is still onesmall piece of
Greenbrier Drive that is not in the system, and the County Engineer's Office is working
with the developer to get this section taken in.
Mr. Roosevelt requested a resolution from the Board supporting the McIntire Road
project as presented at a public hearing on June 27, 1979.~. Roudabush suggested the
Yo-/o- 1,
Board request designation of this extension as "Meado~6reek ~farkway , and that it. be a
limited access route. He then offered motion to endorse the conceptual plan connecting
Rio Road and McIntire Road as presented at a ouhlic hearing on June 27 1979 and requested
that the connection be designgted Meado~ree~YParkway. Mr. Lindstrom seconded the
motion and same carried by the following ~ecorded vote:
AYES: Messrs. Fisher, Henley, Lindstrom and Roudabush.
NAYS: None.
ABSENT: Messrs. Dorrier and Iachetta.
Mr. Lindstrom asked Mr. Roosevelt about erecting speed limit signs on Lamb's Road.
Mr. Roosevelt thought a speed limit sign was on Lamb's Road and if not he would have it
analyzed for the necessity of such.
377
July 11, 1979 (Day Meeting)
Mr. Lindstrom said complaints have been received about the difficulty school buses
have making a right turn at the stop sign at the entrance of Albemarle~High School. Mr.
Roosevelt said he would check on it.
Mr. Lindstrom noted that on Route 658, at the enbrance into Ivy Farms, problems
existed. Mr. Roosevelt was asked to examine it.
Mr. Fisher reported on the meeting held between Mayor Brunton and himself on the
concepts of public transportation needs in the urban part of the county and city. Some
City staff members had proposed undertaking a study of extending the Charlottesville
Transit System into the County, but the County Planning staff has done analysis of the
County's transportation needs. Therefore, the study will be given to the City for their
planning staff, The analysis is not complete but does indicate that some type of service
needs to be made available to urban areas. The committees will be working on this and
hopefully some progress will be made.
Mr. Roudabush asked Mr. Roosevelt if he would check into the parking lot light at Jim
Ewing Ford on Route 29 North. The light seems to be at'the same elevation as the traffic
light at the intersection of 29 and 649 and presents an impression that there is another
lane of traffic as you approach the intersection.
Mr. Roudabush asked the status of the road in Terrybrook Subdivision. Mr. Ashley
Williams, Assistant County Engineer, said he had talked with Mr. Lester Terry and there
seems to be some problem between he and the developer on resolving the road problems.
Therefore, Mr. Terry is in favor of the County calling the maintenance bond in the amount
of $2,331 to do the necessary work. Mr. Roudabush said all the lots have been sold and
most of them are occupied. He felt such problems occur when the builders come in a
subdivision and in the process of building homes, also tear up the roads. The blame then
remains with the developer. Mr. Fisher expressed his concern about the County having to
back up maintenance bonds and felt a lot of public money was being spent needlessly. He
then asked Mr. St. John how much notice should be given to the developer before calling
the bond. Mr. St. John said there is no time limit but suggested fifteen days as a matter
of courtesy. Motion was then offered by Mr. Roudabush to advise the developer ~that unless
the County Engineer's office receives assurance within 15 days from this date that work
has been contracted to have the road improved, action will be taken to have the main-
tanance bond called in order to have the necessary work done to have the road brought into
the State System. Mr. Lindstrom seconded the motion and same carried by the following
recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Fisher, Henley, Lindstrom and Roudabush.
None.
Messrs. Dorrier and Iachetta.
Mr. St. John said he thought there was an amendment to ~the State Code this year which
may improve this type situation. It provides a means of not only bonding the construction
of the road but bonding the potential cost of maintaining and repairing the road and
keeping it repaired until the road has been taken into the State highway system.
Mr. Henley thanked Mr. Roosevelt for the blacktopping done in the Crozet area.
Mr. Lindstrom noted appreciation for the improvement of the roads in Colthurst.
Agenda Item No. 4. ZMA-79-15 Hunter Faulconer and ZMA-79-16
(Deferred from June 20, 1979).
S. W. Heischman.
This was deferred from June 20 in order for the Highway Department to repor~ on
current vehicle trips per day on Old Ivy Road and the existing rights-of-way along 01d Ivy
Road between the Route 29/250 By-Pass and its intersection with Route 250 West. The Board
also requested Mr. Agnor to approach the University of Virginia regarding the University
granting access through the North Campus for these developments.
Mr. Agnor said he had contacted officials at the University and discussed the following
three matters:
Will the University consider agreeing to a means of vehicular access between
the proposed development and the North Campus, the alignment being determined
by discussions between the landowners at site planning stage?
Will the University consider agreeing to a means of pedestrian and/or bicycle
access between the proposed development and the North Campus, with alignment
determined between landowners at site planning stage?
Where could residents of the proposed development, who are associated with
the University, board the University Transit System~buses for transportation
to the campus?
Mr. Agnor said Dr. Catlin responded that the loop road that connects Massic Road to Arlin
Boulevard on the North Campus was developed according to the University's master plan With no
plans being made for vehiclular traffic. The future development of the north campus, which
t on
J~ly 11, 1979 (Day Meeting)
to the internal road system of the University. Regarding pedestrian and bicycle access,
they do agree with the concept and w~ll work with the developers on the alignment of
these paths.
Mr. Fisher felt with housing being provided in the County for students, that the Univers~
should at least allow these students access onto the Campus by motor vehicle.
Mr. Lindstrom said the University is the primary factor of growth in the community and ve
little consideration is given to the planning this requires on the part of the County. State
statutes give universities immunity from a lot of things and this is a prime example of
how it affects communities. Mr. Fisher said attempts have been made by other localities
in the State to get the Legislature to require such institutions to conform to local
planning requirements but these attempts have failed. He suggested this issue may be one
the Board would like to have considered for the next session of the General Assembly.
Mr. Roosevelt then reported the following traffic count which was taken in 1978:
from Route 601 between Route 250 and the ramp to the Route 29 Bypass there were 2123
vehicle trips per day. Mr. Roosevelt had done some research on the existing rights-of-way
along this section. The only dedicated right-of-way is one of 25 feet along the front of
Huntington Village and some dedication in front of the Old Ivy Inn. Mr. Roudabush felt
that this stretch of road used to be an old turnpike which had a 60 foot right of way
through the entire area. He felt this should be researched further.
Mr. Fisher then noted receipt of a letter dated July 3, 1979, from Mr. William Perkins,
attorney,for the applicants, asking for deferral of action of these petitions until August
8 in order to allow the applicants an opportunity to obtain more information. Mr. Fisher
asked Mr. Roosevelt if there are any current plans for improveing the underpasses. Mr.
Roosevelt said no. Mr. Fisher also noted a letter from Mr. J. W. Hulvey dated July 5,
1979, in which Mr. Hulvey supports the rezoning petitions. Mr. Lindstrom then offered
motion to defer ZMA-79-15 and ZMA-79-16 to August 8, 1979 and Mr. Roosevelt to research
the records to determine if Old Ivy Road was at one time a turnpike with a 60-foot right
of way. Mr. Roudabush seconded the motion and same carried by the following recorded
vote:
AYES:
NAYS:
ABSENT:
Messrs. Fisher, Henley, Lindstrom ~and Roudabush.
None.
Messrs. Dorrier and Iachetta.
Agenda Item No. 5. Quarterly Housing Report.
presented the following report:
Mr. Russell Otis, Housing Coordinator,
"The Housing Office has been operating for a little over two years. In that time,
the activities of the office have increased slowly and steadily to its current level.
This report is a general update of those activities.
Section 8, Rental Assistance:
As of August 1, 1979, this office will have written leases for a total of 301 families.
This figure does not reflect the number of second or third leases we have written
between the same families and landlords for renewals. In addition to leases actually
written, 508 applications have been processed. Housing Assistance Payments have been
made on behalf of clients in the amount of $435,688.00 in this same period. This
program is currently operating smoothly and with a recenDly awarded "Fair-Market
Rent" increase from HUD, the program program continue toward complete utilization of
the 206 unit allocation.
Community Development B~lT0ck Grant, 1977:
Albemarle County first became involved with Community Development Block Grants in
January of 1977 at the request of the Jordan Development Corporation and the Uni-
versity of Virginia. At that time, the County applied for funding under two
projects:
The construction of a housing complex and activity center for the
elderly in Crozet; and
The acquisition of a facility to house a community health clinic
in Esmont.
Both of these projects are nearing completion.
At The Meadows in Crozet, construction is coming to a conclusion. Plans are currently
underway to enable the prospective residents to occupy their respective units by
August 1. The site is still in need of final landscaping, but promise to be most
attractive.
The completion of the program objective in Esmont is also moving toward becoming a
reality.~ A feasibility study on a possible site for the health center has been
completed with favorable findings. Ail necessary environmental reviews and docu-
mentations have been completed, and funding for the project has been cleared. An
option agreement has been prepared, and is awaiting execution by the owner. At the
request of the Board of Supervisors, an application for a special use permit will be
made immediately upon execution of the option, and if approved, final acquisition and
remodeling will take place.
Community Development Block Grant, 1978:
In May of 1978, the Housing Office, in conjunction with the Albemarle Housing. Imp=
rovement Program (AHIP) applied for funding for another two programs:
~y
?Y
379
July 11, 1979 (Day Meeting)
The acquisition and development of two or three parcels of land for
mini-subdivisions to be turned over to families who will participate
in the construction of their own homes, and
the installation of wells, septic systems or plumbing to bring the
homes of eligible families up to minimum standards.
The first portion of this grant, referred to as the Self-Help Housing Program, is
underway with a new Self-Help CoOrdinator working with AHIP. Work is well underway
on the application for a Farmer's Home Administration grant to provide the technical
assistance which participating families will require. Further, citizen groups are
being consulted for advice on possible site selections as well as recommendations for
participating families. It is hoped to construct six units initially, and phase into
the remaining 12 units as progress is made on the first group.
The second program is also ready to begin. AHIP has gathered a list of families and
verified their need and eligibility. Contractors to do the required work have been
solicited.the program will not begin until the 1979-80 fiscal year. In order to
simplify an already complicated bookkeeping procedure. With all the groundwork laid,
progress on this portion of the grant project should move quickly."
Mr. Fisher said he had talked to Mayor Raymon Thacker of Scottsbille, about the
proposed elderly housing project and Mayor Thacker responded positively to the project.
As part of that project, Mayor Thacker would like to have water and sewer lines run to the
shopping center.
Mr. Fisher noted letter received from Mr. James F. Kelly of the Virginia Housing
Development Authority commending Albemarle County for administering one of the best local
programs. Mr. Fisher then congratulated Mr. Otis and his staff for their work.
Agenda Item No'. 6.
(~HZ~).
Agreement:
County and Albemarle Housing Improvement Program
Mr. Agnor presented the following agreement for use of HUD grants funds for the AHIP
Rehabilitation Program and requested authority to execute this agreement on behalf of the
County:
THIS AGREEMENT made and entered into this (llth) day of (July) 1979, by and
between the COUNTY OF ALBEMARLE, VIRGINIA, hereinafter referred to as "County", and
ALBEMARLE ~OUSING IMPROVEMENT PROGRAM, INC , hereinafter referred to as the "AHIP''7
WI TNES SETH :
WHEREAS, the County has applied to the United States Department of Housing and
Urban Development (HUD) for block grants (Community Development Block Grants) (CDBG)
pursuant to Title I of the Housing and Community Development Act of 1974 in order to
receive funds for housing rehabilitation in the County of Albemarle; and,
WHEREAS, AHIP is a corporation incorporated pursuant to the laws of the State of
Virginia and q~alifies for tax exempt status pursuant to Section 501(0)(3) of the
Internal Revenue Code, and the registered agent is Francis L. Buck, whose address is
400 Court Square, Charlottesville, Virginia; and,
WHEREAS, AHIP has been the mechanism by which the County will expend the said
CDBG funds in providing housing rehabilitation in the County of Albemarle; and,
WHEREAS, the County has approved the Housing Rehabilitation Program Adminis-
trative Procedures (attached hereto and marked Exhibit "A") which require the in-
volvement of AHIP in the execution of said rehabilitation program.
NOW, THEREFORE, in consideration of the mutual covenants and conditions as
herein set forth, it is provided as follows:
The County has provided specific authorization for the said Housing Rehabil-
itation Program Administrative Procedures. (See Exhibit "A").
The County agrees to oversee all aspects of the utilities installation program;
agrees to make approval of applicants for the program; agrees to verify ap-
plicant's financial eligibility; and agrees to issue payment of allocated funds
for rehabilitation work. (See Exhibit "A").
The County, and AHIP agree to abide by the terms and conditions of the Admin-
istrative Procedures as set forth and agree to be bound thereby.
The County, (through the office of the Housing Coordinator) and AHIP agree to
execute individual contracts for each residence to be rehabilitated. Each
contract will make reference to the provisions of this agreement and each
contract shall constitute a conditional commitment for the actual expenditure of
CDBG funds, up to a total of FIVE THOUSAND DOLLARS for families who meet the low
~ncome guidelines, or THREE THOUSAND FIVE HUNDRED DOLLARS for families who mee~
low/moderate income guidelines. (See Exhibit "A") Therefore, this agreement
herein does not involve either a commitment to expend CDBG funds or the actual
expenditure of said funds
AHIP agrees to make a thorough study of the proposed rehabilitated structure in
order to determine if such treatment is physically feasible. At a minimum, AHIP
will utilize the criteria set forth Exhibit A, Section B, paragraph 2.2, in
making its recommendation to the County Housing Coordinator that such structure
be rehabilitated.
July 11, 1979 (Day Meeting)
10.
The County (through the County Housing Coordinator) agrees to abide by the
feasibility recommendations submitted to it by AHIP prior to any approval by the
County to commence installation of utilities. AHIP agrees not to begin instal-
lation of utilities or to make commitments to the owner(s) of said proposed
structures until the County Housing Coordinator has reviewed and approved said
project. After AHIP, in conjunction with the family, has completed its rehabil-
itation on each structure, appropriate inspection officials will make an on-site
inspection of same in order to verify compliance with appropriate code require-
ments.
AHIP agrees to provide the County with records or documents indicating the
utility installations planned for each structure, and further AHIP agrees to
provide photo documentation of the relevant sections of the structure before and
after utility installation.
The parties of this agreement further agree that the standards for the rehabil-
itation to be performed under this Plan be as defined in Exhibit A, Section B,
paragraph 4.3.
The parties of this agreement further agree to abide by the following conditions
as they may relate to the effectuation of this agreement:
a)
the work to be performed under this contract is subject to the requirements
of Section 109 of the Housing and Community Development Act of 1974 which
states that: "No person in the United States shall on the ground of race,
color, national origin or sex be excluded from participation in, be denied
'the benefits of, or be subjected to discrimination under any program or
activity funded in whole or in part with funds available under this title."
b)
In carrying out the contract, AHIP shall not discriminate against any
employee or applicant for employment because of race, color religion, sex,
or national origin. AHIP shall take affirmative action to ensure that
applicants for employment are employed, and that employees are treated
during employment, without regard to their race, color religion, sex, or
national origin. Such action shall include, but not be limited to, the
following: employment, up-grading, demotion or termination; rates of pay
or other forms of compensation; and selection for training, including
apprenticeship. AHIP shall post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the
Government setting forth the provisions of this nondiscrimination clause.
AHIP shall state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, or national
origin.
The work to be performed under this contract is on project assisted under a
program providing direct Federal financial assistance from the Department
of Housing and Urban Development and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
H.S.C. 1701u. Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given lower income residents
of the project area and contracts for work in connection withthe project
be awarded to business concerns which are located in, or owned in sub-
stantial part by persons in the area of the project.
d)
AHIP will comply with the provisions-of said Section 3 and the regulations
issued pursuant thereto by the Secretary of Housing and Urban Development
set forth in 24 CFR 135, and all applicable rules and orders of the ~epart-
merit issued thereunder prior to the execution of this contract. AHIP
certifies and agrees that it is under no contractual or other disability
which would prevent them from complying with these requirements.
e)
AHIP will send to each labor organization or representative of workers with
which he has a collective bargaining agreement or other contract or under-
standing, if any, a notice advising the said labor organization or workers
representative of his commitments under this Section 3 clause and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment or training.
f)
AHIP will include this Section 3 clause in every subcontract for work in
connection with the rehabilitation program and will, at the direction of
the application for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the Secretary of
Housing and Urban Development, 24 CFR 135. AHIP will not subcontract with
any subcontractor where it has notice or knowledge that the latter has been
found in violation of regulations under 24 CFR 135 and will not let any
subcontract unless the subcontractor has first provided it with a pre-
liminary statement of ability to comply with the requirements of these
regulations.
Compliance with the provisions of Section 3, the regulations set forth in
24 CFR 135, and all applicable rules and orders of the Department issued
thereunder prior to the execution of the contract, shall be a condition of
the Federal financial assistance provided to the rehabilitation program,
binding upon the applicant or recipient for such assistance, its successors,
and assigns, to those sanctions specified by the agent or loan agreement or
contract through which Federal assistance is provided; and to such sanctions
as are specified by 24 CFR 135.
381
July 11, 1979 (Day Meeting)
h)
AHIP shall comply with the applicable regulations of the Secretary of
Labor, made pursuant to the so-called "Anti-Kickback Act" of June 13, 1934
(48 Stat. 948: 62 Stat. 862; Title U.S.C., Section 87 and Title 40 U.S.C.,
Section 276c), and any amendments or modifications thereof, shall cause
appropriate provisions to be inserted in subcontracts to ensure compliance
therewith by all subcontractors subject thereto, and shall be responsible
for the submission of affidavits required by subcontractors thereunder,
except as said Secretary of Labor may specifically provide for reasonable
limitations, variations, tolerances, and exemptions from the requirements
thereof.
No members of the governing body, officer, or employee of the County of
Albemarle,-or its designees or agents, and no other public official of such
locality who exercises any functions or responsibilities with respect to
the Community Development Block Grant program, during his tenure or for one
year thereafter, shall have any interest, direct or indirect-, in this
contract or any subcontract, or the proceeds thereof.
J)
The County of Albemarle, the Department of Housing and Urban Development,
the Comptroller General of the United States, or any of their duly authorized
representatives, shall have access to any books, documents, papers, and
records of AHIP and the County which are directly pertinent to this con-
tract for the purpose of making audit, examination, excerpts, and transcripts.
k)
Ail construction, rehabilitation, or modernization of residential structure
provided under this contract shall comply with the provisions of the "Lead-
Based Paint Poisoning Prevention Act (8.4 Stat. 2080; 42 U.S.C. 4841(3) and
t~e regulation thereunder (24 CFR part 35).
11.
The aforementioned provisions of this agreement and any others implied the
successful implementation of HUD grant B-78-DN-51-0037 shall terminate upon the
expenditure of all grant funds and the completion of all auditing requirements
as set forth by HUD.
(NOTE: Exhibit A is on file in the office of the Clerkto the B~oard of Superviso-rs.)
Mr. Roudabush then offered motion to authorize the County Executive to execute this
agreement with AHIP. Mr. Lindstrom seconded the motion and same carried by the following
recorded vote:
AYES: Messrs. Fisher, Henley, Lindstrom and Roudabush.
NAYS: None.
ABSENT: Messrs. Dorrier and Iachetta.
Agenda Item No. 7. Discussion: AHIP Operating Budget.
In previous years, the budget for AHIP has been included in the County's Capital
Improvement's Program Budget because Revenue Sharing Funds are used to fund this item.
However, Mr. Agnor said the delays that have occurred in adopting the Capital Budget for
1979-80 puts a hardship on AHIP since their fiscal year begins July 1. He has discussed
this with Mr. Ray Jones, Director of Finance, and he feels it' is no longer necessary to
fund through AHIP through the Capital Budget. Therefore, Mr. Agnor requested that AHIP be
considered separately from the Capital Budget, being funded instead through the General
Operating Budget, not using Revenue Sharing Funds.
Mr. Agnor said AHIP has requested a total amount of $61,905 for the 1980 fiscal
year, which is a decrease of 4.5% over the current year. Mr. Agnor Said Ms. Ann Paul, who
has assumed the Directorship of AHIP and is present today, has asked if she can make
revisions to this requested amount. He informed her that she could since this budget was
estimated last fall and the figures will now be closer to what is actually needed.
Therefore, the request is for $66,763; an increase of 3.2% over last year's budget. Mr.
Agnor said he feels the increase is justified and recommended approval.
(Mr. Henley left the meeting at 10:32 A.M. and returned at 10:34 A.M.)
Mr. Fisher was concerned about revising the budget at this time since there has
recently been a change in the administration of AHI? and the actual expenditure for last
year are now known. He felt approval of this request might set a precedent, v Mr. Lindstrom
said if these funds came he did not feel a precedent would be set in this case. Mr. Agnor
said if the Board is concerned about this request, the original budget could be approved
since AH!P had finished the year with a balance that will be returned to the County. Mr.
Fisher said he was not concerned about transferring the original request from the Capital
Budget to the Operating Budget and will support that. recommendation, but he did not feel
AHIP should be allowed to change their budget request at this point.
Ms. Ann Paul, Director, said AHIP was able to return to the County about $1300 the
first year of its operation. The second year $2300 was returned and this year, AHIP will
return about $16,500 because outside funding was obtained. Ms. Paul said the reason for
the revised budget is to stabilize key positions in AHIP's operation and to allow some
continuity for these positions.
Mr. Roudabush agreed with Mr. Lindstrom that approval would not set a precedent and
felt the Board should look at the services AHIP provides to the citiZens of the County.
He supported the additional request and felt AHIP should be allowed to operate in the way
they feel necessary.
Mr. Fisher asked that the requests be split into two motions because he will support
the transfer of funds from the Capital Budget to the General Operating Fund but will
not vote to aD~rove an increased budget at this t~m~.
382
July 11, i979 (Day Meeting)
Mr. Lindstrom then offered motion to approve the transfer of the AHIP category from
the Capital Budget to the General Operating Fund. Mr. Roudabush seconded the motion and
same carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Lindstrom and Roudabush.
NAYS: None.
ABSENT: Messrs. Dorrier and Iachetta.
~Mr. Lindstrom then offered motion to accept the revised AHIP budget request in the
amount of $66,763 since this item was originally a part of the Capital Budget and, there-
fore, is different from other agencies, Mr. Roudabush seconded the motion and same carried
by the following recorded vote:
AYES: Messrs. Henley, Lindstrom and Roudabush.
NAYS: Mr. Fisher.
ABSENT: Messrs. Dorrier and Iachetta.
Agenda Item No. 8a. Special Appropriations.
Mr. Agnor said in order to provide continuity and prevent problems in the operation
of AHIP, $66,763 needsto be appropriated from the General Fund to AHIP.
Mr. Lindstrom then offered motion to adopt the following resolution:
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia that
$66,763.00 be, and the same hereby is, appropriated from the General Fund and coded
to 18B.12, Albemarle Housing Improvement Program.
Mr. Henley seconded the foregoing motion and the vote was as follows:
AYES: Messrs. Henley, Lindstrom and Roudabush.
NAYS: Mr. Fisher.
ABSENT: Messrs. Dorrier and Iachetta.
(CLERK'S NOTE: Because a majority of the membership of the Board, as required by Article
VI, Section 7, of the State Constitution, did not vote affirmative for this appropriation,
this question will need to be presented to the Board at a future meeting.)
Mr. Agnor said an appropriation is needed in the amount of $1,000 to fund the Mobile
Tennis Program which was approved by the Board on June 13, 1979.
Mr. Roudabush then offered motion to adopt the following resolution:
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia that
$1,000 be, and the same hereby is, appropriated from the General Fund and coded to
10-252.1, for the Mobile-Tennis Program.
Mr. Lindstrom seconded the foregoing motion and same carried by the following recorded
vote:
AYES:
NAYS:
ABSENT:
Messrs. Fisher, Henley, Lindstrom and Roudabush.
None.
Messrs. Dorrier and Iachetta.
Mr. Agnor said federal grants have been allocated for the Esmont Health Facility
project and the Rehabilitation/Self-Help Housing Program. Expenses will be incurred soon
on these projects. Therefore, an appropriation from the Grant Project Fund is needed.
Mr. Lindstrom offered motion to adopt the following resolution:
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia,
that $321,210 be, and the same hereby is, appropriated from the Grant Fund and
coded as follows:
Code 68-18E, Esmont Health Facility (Grant No.--B77-DN510037)
$ 51,000
Code 68-18F, Housing Rehabilitation/Self Help Program
(Grant No. B78-DN510037)
$270,210
Mr. Henley seconded the foregoing motion and same carried by the following recorded
vote:
AYES:
NAYS:
ABSENT:
Messrs. Fisher, Henley, Lindstrom and Roudabush.
None.
Messrs. Dorrier and Iachetta.
Agenda Item No. 8b. Transfer of Funds.
Memo dated July 6, 1979 from Mr. Ray Jones, Director of Finance, was received requesting
end-of-year transfers from fiscal year 1978-79. Motion was offered by-Mr. Roudabush,
seconded by Mr. Henley to approve the transfers as requested and set out below:
July 11, 1979 (Day Meeting)
383
FROM
General Operations:
80B Administration (Welfare)
(Due to expansion of Title XX Program)
School Operations:
17B1 Instruction-Reg. Day School
(Due to over-runs in costs of
teacher aides)
17A Administration
(Due to over-runs in 17C1-199
Recreation & Athletics)
17A Administration
(Due to budgetary under-estimates)
17F.2 Maintenance School Plant
17G Fixed Charges
17B1 Instruction-Reg. Day School
17C3 Attendance & Health Services
(Due to over-runs in electricity,
fuel, water and sewer and contracts
on garbage pick-up)
17C3 Attendance & Health-Western Albemarle
High School
17C2 Attendance & Health-Western Albemarle
High School
17A Administration
17I Adult Education
17J Other Education Programs
TO AMOUNT
80B Title XX
$ 4,598.02
17B2 17,116.68
17C1 Attendance & Health Services
17E Food Services
17Fl Operation School Plant
17Fl Operation School Plant
17Fl Operation School Plant
17Fl Operation School Plant
17D1-400 Replacement of Buses
17D!-400 Replacement of Buses
17D1-400 Replacement of Buses
17D1-400 Replacement of Buses
17D1-400 Replacement of Buses
637.24
1,923.08
4,658.01
5,410.97
94,156.21
29,689.78
14,765.14
16,632.95
17,526.77
32,146.08
3,156.65
The foregoing motion carriedby the following recorded vote:
AYES: Messrs. Fisher, Henley, Lindstrom and Roudabush.
NAYS: None.
ABSENT: Messrs. Dorrier and Iachetta.
Agenda Item No. 8c. Over-Expenditures for Fiscal Year, 1978-79.
As requested by Mr. Ray Jones, motion was offered by Mr. Henley to adopt the following
resolution and also authorizing Mr. Jones to distribute the function total to the proper
line item:
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that
$69,152.09 be appropriated to cover over-expenditures for the 1978-79 Fiscal Year as
follows: (Reasons for requests are set out with code)
From the General Fund~ $68~171.44 to the following codes:
CODE:
IF
AMOUNT:
$29,566.61
Z0B 71.48
10J.1 7,682.99
14 26,113.06
Personnel (To cover under-estimates on Workmen's Compensation
CETA employment, advertising, and V.S.R.S. payments)
1G Purchasing (Postage and Telephone) 16.63
iH County Attorney(Reports, transcripts and purchase of books) 130.21
1K Housing (Salaries due to personnel change during the year) 240.86
4A Clerk's Office (Telephone, postage and record book costs) 1,709.91
5A Circuit Court (County's share of the Judge's salary) 2,173.00
5B General District Court (Excess legal fees of Court Operation) 235.14
7A Fire Prevention (State Under-estimate) 219.00
7B County Share of City Fire Service (Under-estimate of premium 12.55
on insurance for vehicles)
Inspections (Compensation of Board of Zoning Appeals)
Landfill #1 - Ivy (Under-estimate on operation)
Buildings and Grounds (Utilities and fire insurance for Lane
July 1i, 1979 (Day Meeting)
From the Debt Service Fund $160.47 to the following code;
17M Debt Service (Early issuance and receipts of the proceeds ~ 160.47
of the $500,000 Literary Fund Loan on the Physical Education
facility at albemarle High School caused an over-expenditure
of interest expense.)
From the Self-Sustaining Fund $820.18 to the following code;
180 McIntire Trust (Excess earnings of the trust in 1978 were ~ 820.18
distributed to secondary Schools in the County as per conditions
of the trust.)
Mr. Roddabush seconded the foregoing motion and same carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Fisher, Henley, LIndstrom and Roudabush.
None.
Messrs. Dorrier and Iachetta.
Agenda Item No. 8d. Reappropriations from Fiscal Year 1978-79 to Fiscal Year 1979-80.
As requested by Mr. Ray Jones, Mr. Roudabush offered motion to adopt the following
resolution:
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the
following reappropriations be transferred from the proper account:
FROM THE GENERAL FUND
TO AMOUNT
1~-299 Data Processing Study (To complete Phase I and make $ 1,500.00
final payments to consultants.)
1B-206 Dues and Subscriptions (To pay for 1979 SUpplements 131.00
to Virginia Code.) For County Executive Office.
3-299 Energy Evaluation--School Buildings (To complete energy 4,015.00
study on school buildings)
5D Juvenile Court (To pay last two months of costs of 4,055.00
Juvenile Court expenditures.)
18B.1 Health Department (To pay last quarter of costs to 54,285.88
State of Virginia.)
18C.10A Advance to Western Albemarle Rescue Squad (To provide 4,000.00
for payment on radios which were delayed.)
GENERAL OPERATIONS SUB-TOTAL
$67,986.88
SCHOOL OPERATIONS:
17K-603A
Repair Parking Lots - Jouett, McIntire, and Hollymead
(Funds to come from balance left in 17K ($27,098.93)
with the remaining balance to be re-appropriated from
17J ($1,401.07)
$28,500.00
17D1-400
Replacement of Buses (Buses were not delivered prior
to June 30, 1979)
141,920.00
17A-326.1
School Bus Routing Study (To provide payment when
complete.)
7,500.00
17-0 Every Child A Winner (To provide for completion of this 1,725.80
federally funded educational program.)
SCHOOL OPERATIONS SUB-TOTAL $179~645.80
JOINT SECURITY COMPLEX:
190-402
Fire Prevention Equipment (To pay for two outstanding
purchase orders.)
$ 7,987.00
GRAND TOTAL - ALL FUNCTIONS $25'5,619.68
Mr. Henley seconded the foregoing motion and same carried by the following recorded
vote:
AYES:
NAYS:
ABSENT:
Messrs. Fisher, Henley, Lindstrom and Roudabush.
None.
~Messrs. Dorrier and Iachetta.
Agenda Item No. 8e. Loan - Clean Community Commission.
Mr. Agnor said a request for the Clean Community Commission, dated July' 2, 1979, was
received from mr. David M. Rothwell, Jr. The Commission has bought four~ recycling
bins for the site on McIntire Road at a cost of $3,200.00. CAC3 has a loan from a local bank
385
July i1, 1979 (Day Meeting)
that at the end of one year, payment is guaranteed in full from the CAC3 reserve. Therefore,
he requested that the Board guarantee repayment of the loan. Mr. Fisher noted that this
Board cannot bind a future Board to any funding commitment.
Mr. Roudabush then offered motion to adopt a resolution of intent assuming guarantee
of the loan with the understanding that this Boar~d cannot bind a future Board and this
matter will be subject to action by a new Board in 1980. Mr. Lindstrom seconded the
motion and same carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Lindstrom and Roudabush.
NAYS: None.
ABSENT: Messrs. Dorrier and Iachetta.
Agenda Item No. 9. Appeal: Kenneth Davis Final Plat (Plat of the Kenneth Davi~
Property, Tax Map 131, Parcel 29, Scottsville District, Albemarle County, drawn by Robert
L. Lum, dated March 14, 1979; revised March 28, 1979.)
Mr. Fisher presented the following letter of appeal dated June 27, 1979 from Mr.
Kenneth Davis, applicant:
"The undersigned hereby respectfully appeals to the Albemarle County Board of Super-
visors so much of the decision of the Albemarle County Planning Commission rendered
on June 19, 1979, as is set forth in subparagraphs a and b of the Department of
Planning letter to the undersigned dated June 20, 1979."
Mr. Tucker then read the following staff report:
"Location: Property described as Tax Map 131, Parcel 2.9. On the north side of Route
638 north of Scottsville.
Acreage: 16+ acres
Zoning: A-1 Agricultural
Proposal: For seven lots of 2+ and 3+ acres.
TOpography of Area: Flat
Condit'ion of Roads Serving Proposal~ The 1978 traffic count is 17 vehicle trips per
day, and Route 638 is listed as tolerable. The additional 49 vehicle trips per day
on this gravel road will make it non-tolerable.
CqmPrehensive Plan Recommendation: "Other rural" land with a recommended density of
one dwelling unit/two acres.
School Impact.: Total projected enrollment of nine students with a slight impact.
~ype of Utilities: Private wells and septic system.
Staff Comment: The Virginia Department of Highways and Transportation has recommended
that the Planning Commission consider requiring improvement of Route 638 from the
property to Route 795. The improvement would consist of surface treating an 18 foot
roadway with four foot shoulders. At a minimum, they recommend frontage improvements
placing the shoulder catch point at 15 feet from the centerline and the ditch at 18
feet.
Recently the Planning Commission~reviewed a plat similar to this (i.e., on a dead end
road) and required frontage improvements rather than improvement of the road from the
property frontage to the state road.
The Staff recommended to this applicant at the Site Review Committee meeting that he
consider redividing the lots so that 1, 2, 3, 4, 6 and 7 all have access on a private
road and lot 5 have access on Route 638. The applicant did not choose to do this.
Staff received a letter of opposition to this subdivision because of the agricultural
nature of the area."
Mr. Tucker said the Planning Commission on June 19, 1979, approved this subdivision
plat with the following conditions:
"1 ·
The plat will not be signed until the following conditions have been met:
a. Virginia Department of Highways and Transportation approval of
entrance locations and frontage improvements placing the shoulder
catch point at 15 feet from the centerline and ditch at 18 feet.
b. Lots 2, 3, 6 and 7 have a common entrance easement and comply with
the private road ordinance, including:
(1) County Engineer approval of the road specifications.
(2) County Attorney approval of maintenance agreement.
c. Lots 4 and 5 have a common entrance, if sight distance is available.
d. Written Health Department approval."
Mr. Fisher then read the following letter from the Highway Department dated May 3,
1979:
"The 1978 traffic count indicates 17 vehicle trips per day on Route 638. This section
is 16 feet 'wide, gravel surface, 27 feet ditchline to ditchline, and is listed as
tolerable. The seven lots are predicted to generate 49 vehicle trips per day; all of
which would be oriented to Route 795. This would make the road non-tolerable since
it is not paved. Although the lots have adequate sight distance for a private
entrance, we would recommend that a joint entrance be constructed along the pipestem
for lots 6 and 7. Consideration should be given to improving Route 638 from the
subdivision to Route 795, since the additional traffic that will be generated from
the subdivision will qualify the road for hard-surfacing. We would recommend an 18
foot wide surface-treated roadway with four foot shoulders. Forty feet of recorded
right-of-way exists along this road and should be adequate for this section. If
these improvements are not deemed feasible by the County, we would recommend'minimum
frontage improvements to place the shoulder catch point at 15 feet from the centerline
and center the ditch at 18 feet."
388
July 11, 19-79 (Day Meetin~
Mr. ~Lindstrom asked if condition((~ is in compliance with the requirements of FHA
financing. Mr. Tucker said no, FHA does not permit easements; FHA requirements are for
pipestem lots or lots which have direct frontage.
Mr. Lewis Martin, attorney for Mr. Kenneth Davis, questioned the 17 vehicle trips per
day reported by the Highway Department. There are currently only three houses, of which
only two have a motor vehicle. He felt one must have knowledge of the property to appre-
ciate the plan for a subdivision. Route 638 is a pleasant country road, one-half mile in
length from Route 795 and is not a through road. Mr, Martin said Mr. Davis does not have
any immediate plans to subdivide these lots. He felt it was economically infeasible to
makthese improvements recommended. The property is flat and heavily wooded on both sides
with new growth. He felt requiring widening of this road for an additional four feet with
ditchs destroys its appearance. Mr. Martin did not feel it was ~necessary for lots 2 and 3
to enter from the private driveway because there would not be any congestion for them to
enter from Route 631. Mr. Martin requested that the Board relieve the applicant of the
highway improvements recommended.
Mr. Fisher said if the developer is not required to make improvements, the burden for
such is then placed on the public and funds have to be taken from other road improvements.
Mr. Fisher asked if the applicant would be willing to sign a contract placing liens against
the properties. If this is done, there will then be some assurance that upon development,
improvements will be made. Mr. Martin said the applicant understands the Board's concern
and he felt Mr. Davis would be agreeable to some type of obligation which would assure
that the roads would be improved when necessary.
Mr. Lindstrom said even though the property does not warrant improvements at this
time, he felt it may at a later date and supported the frontage improvements recommended
by the Planning Commission. Mr, Fisher agreed and did not feel the Board should make an
exception to the policy which has been adopted by the Board and the Highway Department in
order to avoid past road improvement problems. Mr. Roudabush felt the traffic count of
seven vehicle trips per day per dwelling unit is a reasonable standard usedby the Highway
Department.
Mr. Fisher read the following excerpt from a memo dated July ll, 1979, from Mr.
Lindsay G. Dorrier, Jr.:
"I have discussed this matter with Mr. Kenneth Davis and he states that the requirem-
ent to improve Route 638 beyond his subdivision will be prohibitively expensive and
could kill his subdivision project. He stated to me that this road dead ends immed-
iately after his subdivision and there will be no need for the extensive improvements
required by the Highway Department. It is my feeling that this subdivision will have
very little effect on Route 638 and that improvement to this section of road should
be limited to that portion of the road in front of his subdivision. If further
improvements are required further down the road, I would not require Kenneth Davis to
improve that section of road unless it can be conclusively determined that his
subdivision has caused the need for these improvements.
If it can be determined that separate entrances for each lot would not be a .safety
hazard, I Would be in favor of allowing separate entrances for each lot.
This subdivision is located in a very rural part of the Scottsville District and it
will help provide a solution to the lack of low-cost housing for residents of our
County. I am in favor of providing some relief on conditions l(a) and l(b) of the
approval given by the Planning Commission on June 19, 1979."
Mr. Henley was concerned that FHA will not provide financing for homes unless the
lots have access to a public road. Mr. St. John said FHA will not finance lots where the
only access is over an easement of another lot and that each lot must have itsown access.
Instead of an easement over the lots, there could be a pipestem to meet FHA requirements.
Mr. Martin said requiring lots 2 and 3 to enter from the pipestem might affect the sale of
lots 6 and 7. He felt lots 2 and 3 should be allowed to enter on Route 638.
Mr. Fisher said the County tries to minimize the number of entrances off of State
roads. Therefore, this is the reason for lots 2 and 3 having their entrances off of a
pipestem. A compromise would be to have lots 1 and 2 share a common entrance, Mr.
Martin said Mr. Davis would not object to that requirment.
Mr. Roudabush suggested striking conditions l(b)(1) and l(b)(2) and amend the language
of l(b) to read: "Lots 6 and 7 shall have a common entrance easement over their pipestem
portion." and condition l(c) to read: "Lots I and 2 and lots 4 and 5 shall have common
entrance, if sight distance is available." The Board agreed. Motion was then offered by
Mr. Roudabush to approve the Kenneth Davis Final Plat Subject to conditions l(a) and l(d)
recommended by the Planning Commission and l(b) and l(c) as amended.
Lindstrom seconded the motion and same carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Fisher, Henley, Lindstrom and Roudabush.
None.
Messrs. Dorrier and Iachetta.
Agenda Item No. 10. Request for Loan - JAUNT Operating Budget.
Mr. Agnor presented the following memorandum dated July 6, 1979:
"When Ray Jones reviewed the financial reports of JAUNT related to their request for
subsidy, it was reported to you that a cash flow problem was apparent by mid-summer
due to the timing of the availability of their new source of federal operating funds
(referred to as Section 18 funds) and the expiration of their existing sources of
Federal funds. That cash flow problem is going to occur in late July, and continue
387
July 11, 1979 (Day Meeting)
JAUNT is appearing before all of the governing bodies whose Jurisdictions they
serve, and is requesting a loan from each for six months, in amounts proportionate to
their share of a total need of $66,000, calculated by current usage of the system in
each jurisdiction. The request to Albemarle is $24,000.00.
Approval of an interest free drawing account in the amount requested is recommended,
with repayment to be made by January 1, 1980. This loan will be in addition to the
$6,000.00 subsidy previously approved for JAUNT in FY-80. Virginia Department of
Highways and Transportation has been allocated sufficient Section 18 funds to assure
repayment of advances to JAUNT."
Mr. Agnor recommended that a loan be approved in the amount of $24,000.00 with same
being drawn at the rate of $4,000.00 per month. Mr. Agnor-said the loan will be repaid
when Federal funds are received laterin this fiscal year.
Mr. St. John was unaware of any section of the Code that permits the County to loan
money. He suggested that the amount requested be an appropriation to JAUNT with the
expectation that the Federal grant will be used to repay the funds.
Mr. Roudabush then offered motion to adopt the followihg resolution with the expec-
tation that the appropriation will be repaid when JAUNT receives its Federal grant:
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that
$24,000 be, and the same hereby is appropriated from the General Fund and~ded to
18B.16, JAUNT, with funds being drawn by JAUNT at the rate of $4,000 per month.
Mr. Henley seconded the motion and same carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Lindstrom and Roudabush.
NAYS: None.
ABSENT: Messrs. Dorrier and Iachetta.
Mr. Agnor said JAUNT is a nonprofit, tax exempt corporation but has been paying
personal property taxes. Mr. Lloyd Wilson, Director, has discussed this matter with
Delegate Thomas Michie and Mr. Michie has agreed to introdUce legislation at the next
session of the General Assembly which will exempt JAUNT from these taxes. ZTo provide
support for the legislation, JAUNT is requesting supporting resolutions to this effect
from the jurisdictions that it serves. Therefore, he would like for the County to con-
sider taking such action. No action was taken.
Mr. Agnor noted that JAUNT has been informed that a contract is needed from each
jurisdiction in order to serve people other than the elderly, handicapped and low-income.
Mr. Agnor said a dra£t of the contract has been given to the County Attorney for review
and such will be placed on the next agenda for the Board's consideration.
Mr. Agnor then noted that Mr. Wilson has been advised that the State has $2,000 in
allocated financial assistance funds for public transportation which has not been obligated
to any public transportation system. Mr. Agnor requested authority to apply for the funds
to be used by JAUNT and said a resolution is required for the County to act as fiscal
agent for JANUT.
Motion was then offered by Mr. Lindstrom, seconded by Mr. Roudabush to adopt the
following resolution:
BE IT RESOLVED by the Board of Supervisors that Guy B. Agnor, Jr., County
Executive, is authorized, for and on behalf of the County of Albemarle, to execute
and file an application to the Virginia Department of Highways and Transportation,
Commonwealth of Virginia, for a grant of transportation special revenues, Chapter
850, budget item 621 of the 1978 Acts of the General Assembly - State Aid for Admin-
istration - in the amount of $2,000.00 ($1,000.00 for the first year, fiscal year
commencing June 1, 1978 and $t,000.00 for the second year, fiscal year commencing
June 1, 1979) to defray the public transportation administrative expenses of the
County Of Albemarle and to accept from the Virginia Department of Highways and
Transportation such documents and other information as may be required for~rocessing
the grant request.
The Board of Supervisors certifies that the funds shall be used in accordance with
the requirements of the Appropriation Act of 1978; that the County of Albemarle will
provide matching funds in the one to one ratio as required in such Act; that the
record of receipts and expenditure of funds granted the County o~ Albemarle as
authorized in the Acts of the General Assembly (Chapter 850, appropriation item 621 -
State Aid for Administration) may be subject to audit by the Department of Highways
and Transportation and by the State Auditor of Public Accounts; and that funds
granted to the CoUnty of Albemarle for defraying the expenses of public transpor-
tation administration of the County of Albemarle shall be used only for such purposes
as authorized in the Acts of the General Assembly.
The foregoing motion carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Lindstrom and Roudabush.
NAYS: None.
ABSENT: Messrs. Dorrier and Iachetta.
Agenda Item No. 11. Set date to amend Parks and Recreation Ordinance.
Mr. Agnor said Mr. St. John has requested this be deferred until August 8, 1979 to
allow additional review of the language. Mr. Fisher expressed the followin~ concerns
388
July 11, 1979 (Day Meeting)
regarding inadequate or indecent attired. He asked who would make this determination.
Section 14-1.9(i) relating to repairing, washing, etc., of vehicles. He was concerned
that there was no~.mention of changing oil.
Agenda Item No. 12. State grant-in-aid --.Regional Library.
Mr. Agnor said the-1978 General Assembly mandated that the State Library Board
inform local governing bodies about any available grants-in-aid in their jurisdiction.
The Jefferson-Madison Regional Library has been informed that $113,799 has been approved
for 1979-80 and their original estimate was for $113,495 Mr. Agnor requests authorization
to execute a form agreeing to the use of $113,799 on the Jefferson-Madison-Regional
Library inState Aid in FY 1979-80.
Mr. Henley then offered motion to accept the recommendation of the County Executive.
Mr. Roudabush seconded the motion and same carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Fisher, Henley, Lindstrom and Roudabush.
None.
Messrs. Dorrier and Iachetta.
Mr. Fisher said Mr. Bob Stroh, President of the Jefferson-Madison Regional Library
Board of Directors, has expressed his concern about the State's new requirement that 20%
of the library's budget be devoted to book purchases. Mr. Stroh feels there is a lack of
sufficient funds in the state-aid program toLenable libraries to meet this requirement.
The Library expects to expend 17% of their funds in books, but with this new regulation an
additional $29,000 will be required. Mr. Stroh is requesting support from the localities
to encourage the state to relax this requirement or to provide full fdnding. Mr. Fisher
felt the Board should consider some action on this and suggested a resolution be drafted
for the Board's consideration at a later date.
Agenda Item No. 13. Resolution: Use of Levy Opera House as Federal Court.
Mr. Fisher said~the Charlottesville/Albemarle Bar Association is encouraging the
General Services Administration to consider the Levy Opera House as the new Federal Court.
He felt General Services Administration needs to make a decision on this-matter as soon as
possible. He noted that City Council is preparing a resolution to the GSA to this effect
and suggested the Board do the same, with copies to our Senators and Congressman.
Motion was then offered by Mr. Roudabush, seconded by Mr. Henley, to adopt the
following resolution. The motion carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Lindstrom and Roudabush.
NAYS: None.
ABSENT: Messrs. Dorrier and Iachetta.
WHEREAS, the Levy Opera House, located at the southeast corner of Park and High
Streets in the City of Charlottesville, is a structure of notable historic and
architectural significance to this community; and
WHEREAS, the County of Albemarle has for several years been seeking some worth-
while public use to which the Levy Opera House could be put, in order -that it might
be preserved for the benefit of future generations; and
WHEREAS, the continued presence of the United States District Court in a down-
town location would be of great benefit to the growth and development of downtown
Charlottesville, and would best serve the needs of the business and legal communities,
and of other citizens of the County; and
WHEREAS, the relocation of the court from its present location in the building
which will be converted for use as the Jefferson-Madison Regional Library would be of
benefit to the ~County of Albemarle and to the other jurisdictions participating in
the library project; and
WHEREAS, it has come to the attention of this Board that the Perry Foundation,
owners of the Levy Opera House, and the General Services Administration are engaged
in negotiations to secure the Levy Opera HOuse as a site for ~etocation of the
United States District Court; now, therefore,
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia that
the Board deems the Levy Opera House to be a most suitable and auspicious location in
which to situate.the United States District Court, endorses the proposal to use the
Levy Opera House for this purpose as being of benefit to the entire community, and
encourages the Perry Foundation, the Court, and the General Services Administration
to make every effort to bring their negotiations to a successful conclusion.
At 12:34 P.M., the Board recessed for lunch and reconvened.at 1:46 P.MJ, with the
County Attorney being absent at this time.
Agenda Item No. 14. Discussion: Juvenile Procedures.
Sheriff George Bailey introduced officers of the County's new Juvenile Division, Deputy
Donnie Garrison and Deputy Evelyn Powley. Deputy Garrison said it will be their primary
duty to direct and coordinate all. juvenile problems. At the present time, they are working
July 11, 1979 (Day Meeting)
handle a majority of these cases "on the street." In the past, a lot of cases went to
Court and probably should not have been handled in this way. With this specialized div-
ision, these officers will be able to go into~homes and work with parents and the juveniles.
So far, about 80% of these home sessions have been successful. This division is responsible
for all records and statistics relating to juveniles; must have in-service training every
three months; will be responsible for 50 talks in County schools each year, and will give
talks to merchants and PTO groups. Juvenile officers from the County, the Charlottesville
Youth Department, and the University Police are now meeting together once each month to
discuss juvenile problems. Officer Garrison said he~has also talked with the University
of Virginia Hospital about their child abuse program. Although, this division is fairly
new, everything iSmmoving along well. Mr. Fisher said he was glad to see this program
begin, but with Criminal Justice Advisory funds being granted for three-years, the County
will be faced with funding a budget for this division at the end of that time.
Agenda Item No. 16. Lease of County Property to Rescue Squad. Mr. Agnor presented
a written lease between the County and the Charlottesville-Albemarle Rescue Squad for
property on Berkmar Drive. He said this lease has been reviewed and approved by the Board
of Directors of the Rescue Squad. The lease basically contains thefgollowing provisions:
(1)
The property shall be used for rescue squad purposes with necessary
parking and access to Berkmar Drive and the property may be used
occasionally by other non-profit groups.
(2)
The lease runs for a period of 25 years and may be extended if the
property continues to be used for rescue squad purposes. If the
use discontinues, the premises, with improvements, revert to the
ownership of the County.
(3) Rent is free for this 25 year period.
(4) The Rescue Squad is prohibited from sub-leasing the property without
the written consent ~'f the Board of Supervisors.
Mr. Agnor recommended execution of the lease and noted that a similar lease for the
Seminole Trail Volunteer Fire Company will be presented to the Board after Seminole has
finished making their financial arrangements for construction. The lease for Seminole has
to contain a statement ~bout liens on the property.
Mr. Fisher mentioned that several rescue squads in the State have converted from a
volunteer status to mostly a paid status and he questioned whether the language in the
lease will prevent the building from being used by a paid rescue squad. He also questioned
whether the language in Paragraph 1 will prevent the building from becoming a "bingo parlor."
With these questions unanawered, the lease was referred back to the County Attorney for
further redrafting.
Agenda Item No. 15. Report: Oakhill Water Company.
letter dated July 10, 1979, from Mr. David W. Kudravetz:
Mr. Fisher read the following
"Gentlemen:
This letter is to inform you that we are currently negotiating with the Albemarle
County Service Authority for the acquisition by the Authority of the Oakhill Water
~System. On behalf of my client, I request a continuance of this matter until such
time as negotiations are concluded.
Very truly yours,
(Signed) David W. Kudravetz"
Mr. Fisher asked Mr. Bruce Rasmussen, attorney for those in opposition to the issuance
of this central well permit, if he had any objections to deferring this item indefinitely
while negotiations are taking place. Mr. Rasmussen said he had no objections, but would
like some assurance that no construction would take place during this time. Mr. Fisher
asked Mr. Agnor for his recommendation. Mr. Agnor said he also would recommend that the
deferral be for an indefinite period of time, but if the Board is concerned, the staff
will review the status of the negotiations in 90 days, but not set this ~em on the Board's
agenda until the negotiations are completed.
Mr. E. E. Thompson, Executive Director, Albemarle County S~rvice Authority, appeared
at this time and joined in the request for an indefinite deferral.
Mr. Roudabush offered motion to defer this request indefinitely while negotiations
are being completed, that no permits for construction be issued during this time and that
Mr. Rasmussen and other interested parties be notified when this ~tem is placed on the
agenda again. Mr. Lindstrom seconded the motion and same carried by the following recorded
vote:
AYES:
NAYS:
ABSENT:
Messrs. Fisher, Henley, Lindstrom and Roudabush.
None.
Messrs. Dorrier and Iachetta.
Not Docketed: Mr. Fisher asked Mr. E. E. Thompson, Executive Director, Albemarle
County S~rvice Authority to give a brief u~t~aO~o~9~s~ruction of the water line in West
Leigh. Mr. Thompson said there is 36 feet o~ine to be constructed up West Leigh Drive to
Kingston Road and then across the road to tie into the main line and this will complete Phase
II by friday, July 20th. He said when the next order of pipe~is received, the line will be
continued up Cumberland Road. It will be two or three weeks before work can be started on
389
July 11, 1979 (Day Meeting)
~ Mr. Lindstrom asked Mr. Thompson if the problem concerning installation of pressure
reducing valves in Canterbury/Hessian Hills had been resolved. Mr. Thompaon said the Board
of Supervisors had agreed to a plan (see minutes of March 14, 1979, page 198 of Minute
Book 17), and had asked the Service Authority to come back with a plan, how it would be
implemented and how the information would be distributed to those persons affected.
Mr. Thompaon said the Service Authority has not completed this work, but it will have
to be done very soon because of fire protection in that area.
Mr. Thompson said he has requested the Service Authority Board to consider the instal-
lation of sewer lines in the area of Westmoreland I, Westmoreland II, Hessian Hills II and
Old Forge Road. Although, the Service Authority puts certain amounts of money into a con-
struction fund e~ch year to do these projects, with t~ rate of inflation it would be 1992
before these projects could begin. Mr. ThomPson said~he service Authority Board meeting
on Monday, his Board authorized him to secure estimates from engineering firms with bidding
to be let and work to Begin in J~nuary, 1980 if financing can be obtained. His Board also
authorized the securing of proposals from three financial institutions to assist in
permanent financing for these projects.
(Mr. St. John returned to the meeting at 2:17 P.M.)
Mr. Agnor said his mother is being discharged from the hospital today and he may have
to leave the meeting. If he should have to leave, Mrs. June Moon, Administrative Assistant,
will substitute for him. He said agenda item No. 28 requires his presentation and asked if
the Board would consider this i~em next.
Agenda Item No. 28. Resolution: Issuance of Credit Cards.
Mr. Agnor said in view of the turn-around time in reimbursing members of the Board of
Supervisors for expenses incurred while on County business, Mr. Fisher asked that this
problem be resolved. This can be done through issuance of credit cards to the Board members
with billing made directly to the County. Mr. Agnor said VISA has agreed to issue these
credit cards. A resolution adopted by the Board to allow these cards to be used by
Board members only is now needed.
Mr. Roudabush then offered motion to adopt the following resolution:
WHEREAS, the County of Albemarle, ~esires to obtain financial accommodations
from First & Merchants National Bank, (hereinafter called "Bank"), involving the
use of a number of Bank, s Bank Cards (hereinafter called Bank Cards) by the officers,
agents or employees of this organization; and ~
WHEREAS, this organization intends to authorize its officers, agents and
employees to use such Bank Cards for and in connection with the organization's
business; and
WHEREAS, Bank will not extend such accommodations by issuing such Bank Cards
unless this organization agrees to assume sole'responsibility for the use of such
Bank Cards or any of them, and to pay Bank for all indebtedness incurred by use of
such Bank Cards~or any of them, except as limited by Section 133 of the Truth-
in- Lending Act.
NOW, THEREFORE, BE IT RESOLVED, that this organization does apply to Bank
for the issuance of six Bank Cards;
RESOLVED FURTHER, that Ray B. Jones, Director of Finance, County of Albemarle,
be, and he is hereby authorized, directed and empowered, in the name of the County
to apply to Bank for the issuance of such Bank Cards and to e~ecute such appli-
cation forms and agreements to Day all indebtedness incurred by use of such Ba~k
Cards, as Bank may require, except as limited by Section 133 of the Truth-in-Lending
Act.
RESOLVED FURTHER, that Bank is authorized to act upon this resolution~until
written notice of its revocation is delivered to Bank, and that the authority
hereby granted shall apply with equal force and effect to the successors in office,
if any,~7of the officers herein named.
RESOLVED FURTHER, that the liability of the officers, agents and employees
of this organization to it for the unauthorized use of such Bank Cards shall be
limited by the provisions.of Section 133 of the Truth-in-Lending Act.
Mr. Henley seconded the foregoing motion and same carried by the following recorded
vote:
AYES: Messrs. Fisher, Henley, Lindstrom and Roudabush.
NAYS: None.
ABSENT: Messrs. Dorrier and Iachetta.
Agenda Item No. 17. Applications for Literary Fund Loans (2).
Mr. Agnor presented two applications which had been approved by the School Board.
said when the Albemarle 'High School ~ym project was started, there was a limit of
$500,000 that could be borrowed from the Literary Fund. This limitation has now been
raised to $1.000.000. One of these a~lications is for $500,000 for the Albemarle High
He
391
July !1, 1979 (Day Meeting)
Mr. Fisher said the Board has already approved the construction of these two projects
and now approval is needed for completion of the funding.
Mr. Lindstrom offered motion to adopt the following resolution. The motion was
seconded by Mr. Henley and carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Lindstrom and Roudabush.
NAYS: None
ABSENT: Messrs. Dorrier and Iachetta.
WHEREAS, the School Board for the County of Albemarle, on the 6th day of
July, 1979, presented to this Board an application addressed to the State Board of
Education of Virginia for the purpose of borrowing from the Literary Fund $1,000,000
for the new school building at Scottsville, to be paid in 20 annual installments
and the interest thereon at three per cent paid annually.
RESOLVED, that the application of the County School Board to the State
Board of Education of Virginia for a loan of $1,000,000 from the Literary Fund is
hereby approved, and authority is hereby granted the said County School Board to
borrow the said amount for the purpose set out in said application.
The Board of Supervisors for said County will each year during the life of this
loan, at the time they fix the ~gular levies, fix a rate of levy for schools or
make a cash appropriation sufficient for operation expenses and to pay this loan
in annual installments and the interest thereon, as r~quired by law regulating loans
from the Literary Fund.
Mr. Lindstrom then offered~motion to adopt the following resolution on Albemarle
High School. The motion was seconded by Mr. Henley and carried by the following recordedt
vote:
AYES: Messrs. Fishe~, Henley, Lindstrom and Roudabush.
NAYS: None.
ABSENt: Messrs. Dorrier and Iachetta.
WHEREAS, The School Board for the County of Albemarle, on the 6th day of
july, 1979, presented to this Board an application addressed to the State Board of
Education of Virginia for the purpose of borrowing from the Literary Fund
$500,000 for adding tocor improving the present school building at Albemarle
High, to be paid in 20 annual installments, and the interest thereon at three per
cent paid annually.
RESOLVED, That the application of the County School Board to the State Board
of Education of Virginia for a loan of $500,000 from the Literary Fund is hereby
approved, and authority is hereby granted the said County School Board~to borrow
the said amount for the purpose set out in said application.
The Board of Supervisors for said County will each year during the life of~this
loan, at the time they fix the regular levies, fix a rate of levy for schools or
make a cash appropriation sufficient for operation expenses and to pay this l~n
in annual installments and the interest thereon, as required by law regulating loans
from the Literary Fund.
Mr. Lindstrom asked why the addition at Albemarle High School is stucco instead of
brick. Mr. Agnor said he would check with Dr. Clarence McClu~e on this.
Agenda Item No. 18. Delinquent Tax Collection. Mr. St. John said he had met with
Ray Jones, Director of Finance; Melvin Breeden, Assistant Director of Finance; Shelby
Marshall, Clerk of the Circuit Court; and William Muller, Delinquent Tax Attorney, on
several occasions to discuss procedures being used for the collection of delinquent real
estate taxes. The last time this matter was discussed by the Board, it was suggested that
these collections be handled through the County Attorney's Office. He said this would
necessitate hiring an additional clerk to keep track of these tax records since his present
clerical help would not have time for these extra duties. He then presented to the Board a
draft contract between the County and William~H. Muller, III for the collection of
del±nquent real estate taxes in Albemarle County. Under this contract, collection will
cost the County nothing since the attorney's compensation will be taken out of the proceeds
of sales or settlements for delinquent taxes. Mr. Muller is willing to sign this draft
contract. Mr. St. John said he feels this contract will straighten out the problems
brought to the attention of the Board several months ago from members of the public and
the Director of Finance.
Mr. Lindstromasaid he had been questioned by other attorneys as to how this job was
assigned to someone who is not a regular part of the county government. He had no answer,
and he feels it is a worthwhile job for an attorney who does not have a large private
practice. Mr. St. John said the Code of Virginia provides for the collection of delinquent
real estate taxes by an attorney who is not a part of the County. Most of the counties
who collect taxes through the judicial system, use this method of collection. Mr. St. John
said he talked to persons in two counties which do not collect delinquent taxes at all
because of the political implications and because there is a rapid turn over in land sales
and they make the collections at that time. The Code provides that the County must have an
attorney, not on the County staff,to act as a commissioner in chancery. Under the contract
presented today, the only fees the attorney will collect are those set by the CoUrt. There
are no other costs incurred by the taxpayer other than newspaper advertisements. Mr. St.. Jo~n
July 11, 1979
(Day Meeting)
some time before Mr. Gilmer's death, and when Mr. Muller was hired, he seemed the most
likely attorney to takeoover these duties. Mr. Muller and Mr. Gilmer ware also willing to
carry taxpayers who were not able to pay the full amount; the County cannot do this.
Mr. Lindstrom asked if it would be gairer to make the position known so that if
another attorney were interested, he could make this interest known to the County.
Mr. Fisher said he thinks the County needs to collect delinquent taxes, but Mr. Lindstrom's
suggestion does have merit. Mr. Roudabush agreed with Mr. Lindstrom. Mr. St. John said
the collection of delinquent taxes takes some experience in this field and also requires
time to set up a filing ysystem and a bookkeeping procedure. Mr. Muller is still collecting
taxes under his present agreement with the County.
Mr. Lindstrom then recommended that the Board put a notice in the newspaper stating
that this position is available and take applications for two weeks, with the County
Attorney's office doing the interviewing. Mr. Fisher asked if Mr. Lindstrom had a problem
with the way the contract is written. Mr. Lindstrom said no, only with the procedures
used for selecting a person for this job. If Mr. St. John feels that Mr. Muller is the
person for the job, Mr. Lindstrom said he would agree that Mr. Muller be hired and when
he is no longer willing to do the job, advertise at that time and hold interviews. Mr.
St. John suggested that the Board do this at the beginning of the next fiscal year; thus
the contract presented today would expire on June 30, 1980.
Motion was then offered by Mr. Lindstrom authorizing the Chairman to-sign a contract
between the County of Albemarle and William H. Muller, III for collection of delinquent
real estate taxes in Albemarle County; upon execution of this contract by Mr. Muller the
County's present agreement with Mr. Muller be terminated; upon expiration of this contract
on June 30, 1980, the County will put a notice in the local newspaper of the availability
of this position and set up an interview procedure for filling same. Mr. Roudabush
seconded the motion and same carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Lindstrom and Roudabush.
NAYS: None.
ABSENT: Messrs. Dorrier and Iachetta.
THIS CONTRACT, made this llth day of JULY, 1979, pursuant to Virginia Code
Section 58-1117.2, by and between the COUNTY OF ALBEMARLE ("County") and WILLIAM
H. MULLER, III, ESQUIRE, ("Attorney"),
WI TNE S SETH :
That the County does hereby employ Attorney~ and Attorney hereby accepts
employment, as the County's Attorney for the purpose of collection of delinquent
real estate taxes in Albemarle County.
Attorney shall be responsible for final advertisement of delinquent lands
prior to instituting and conducting suits by Bill in Equity under A~ticle 8,
Chapter 21, Title 58, Code of Virginia; all advertisement cost will be paid by the
Office of Director of Finance. Attorney agrees to institute and conduct suits and
collect all taxes on all parcels of land within the County which are properly subject
to such suit,!in a prompt and diligent manner after completion of necessary adver-
tisement. ~
Once suit has been filed respecting a given parcel of land, neither the Clerk
of the Circuit Court nor the Director of Finance will accept payment by the taxpayer
except as provided by law; to wit, the full amount of the tax, penalty, interest,
and accrued costs including a reasonable attorney's fee, as approved by the Court,
may be paid into Court by the taxpayer. Neither the Clerk nor the Attorney shall be
required to accept any partial payment.
The Attorney will be compensated as follows:
The County will pay to Attorney the amount of attorney's fees awarded by the
Court in each suit filed, whether collected by judicial sate or redemption. No
attorney fees will be paid in any case where payment is received prior to filing of
the tax suit.
No bond shall be required of Attorney.
The term of this contract shall be for one year beginning July !, 1979, and
may be renewed from year toyyear by resolution of the Board of Supervisors and
written acceptance by Attorney.
Agenda Item No. 19.
13, 1979).
Appeal:
Rutledge Farm Preliminary Plat.
(Deferred from June
Mr. Fisher said this is a continuation of the discussion of the Rutledge F~rm
Preliminary Plat which took place on June 13, rat which time an alternate entrance and
traffic pattern was proposed by some that residents in Bedford Hills subdivision. The
Board asked the staff to review the proposed alternatives and make recommendations. He
said Dr. Iachetta is out of town today on business, but had called him yesterday to say
that he had read the reports from the Highway Department and the staff, and he did not
feel the issue has been resolved. Mr. Fisher said Dr. Iachetta expressed considerable
concern about the recommendations made and asked that action be deferred until Wednesday,
July 18, 1979.
Mr. Tucker read the following staff report addendum dated July 3, 1979:
"At the Board of Supervisors' request, the Virginia Department of Highways and
Transportation, Oounty Engineer, and Planning Department have reviewed the
July 11, 1979 (Day Meeting)
alternative access plan for the proposed Rutledge Subdivision and compared the
alternate plan to that proposed by the developer. The two aspects of emphasis
of the review were: 1) Internal circulation; 2) Access to Route 743.
Internal Circulation
Under the road layout of the alternate plan proposed by Bedford Hills residents,
Staff opinion is that there would be little traffic from Rutledge Subdivision through
Bedford Hills since direct access to Route 743 would be available. Likewise, Staff
would not predict Bedford Hills traffic through Rutledge. The alternate plan pro-
vides additional access to both developments for emergency purposes. (Access for
Lots 1 and 2 on existing Tax Map 45, Parcel 49C is unclear in the alternate plan.
Staff would recommend access to Madison Drive.)
Access to Route 743
which follows.)
(See Virginia Department of Highways & Transportation report
As stated by Virginia Department of Highways and Transportation, sight distance
could be obtained for the alternate access through certain road improvements.
The County Engineer has provided a preliminary estimate of $10,000 to complete
this work.
Though sight distance is obtainable at the alternate access, existing right-
of-way is inadequate to accommodate certain improvements deemed essential by
Virginia Department of Highways and Transportation. This is also the case at
Culpeper Drive. While the ~pplicant owns Property adjacent to the alternate
access, frontage is &nadequate for the additional dedication required. (An
additional dedication length of at least 660 feet is necessary for recommended
turn lane improvement.)
While recmmmended Virginia Department of Highways and Transportation improve-
ments appear unachievable under either plan, the Virginia Department of
Highways and Transportation and Planning Staff favor the ~eveloper's proposal
for access by Culpeper Drive for the following reasons:
Culpeper Drive is an established entrance and thus familiar to
users of Route 743.
C~lpeper Drive intersects Route 743 at the crest of a hill
and therefore gravity aids ~n the slowing of vehicles from
both~directions on Route '743. The alternate access is on a
down slope and, therefore, gravity would work to speed
Route 743 traffic from one direction.
Culpeper Drive has sight distance~ in excess of the minimum
requirements.
Generally speaking, the greater the number ofaaccess points
along~a road, the less efficient the road due to increased side
friction and accident opportunities. The Highway~Department
and Planning Staff are concerned about complicating Route 743
with additional accesses.
Mr. Dan S. Roosevelt, Resident Engineer, Virginia Department of Highways and Transpor-
tation, was present 'and read the following letter:
"July 2, 1979
Re: Rutledge Subdivision, Route 743
In reference to the Board's request that we examine the sight distance at a 60 foot
right-of-way access in the above property on Route 743. Plaase be advised that on
the morning of June 28, 1979, Mr. J. Ashley Williams and Miss Mason Caperton, both
representing the County of Albemarle, Mr. ~im Kesterson and Mr. W. B. Coburn, Jr.,
with the Virginia Department of Highways, reviewed the site with the following
findings:
The existing sight distance toward the south is 460 feet. This could be
improved to the required 550 feet by the removal of several trees to the
south of the 60 foot right-of-way, and trimming of some brush overhanging
State right-of-way.
The existing sight distance to the north is 360 feet. To improve sight
distance to the ~50 feet required would require both regrading of part
of Route 743 ~or approximately 350 feet of the length, as well as
clearing of some vegetation and removal of several trees.
Although sight distance could be improved to the minimum required as stated above,
using the 60 foot right-of-way alone would not enable the developer to construct
either a right turn lane into the property or a left turn lane into the property.
This, in our opinion, would be essential when considering the potential
development, as well as the existing traffic on Route 743.
Very truly yours,
(signed) W.B. Coburn, Jr.
Assistant Resident Engineer."
Mr. Tucker said the Highway Department has stated that if a deceleration lane could
July 11, 1979 (Day Meeting)
be better to us~only the existing entrance rather than have two entrances which do not
meet State Standards. The staff agrees with the Highway Department's recommendation.
Mr. Fisher asked if the Staff was recommending that the roads in Bedford Hills Subdivision
should be brought up to State standards whether or not they are taken into the State
system. Mr. Tucker said the staff was directed by the Board to look at the proposed
alternate access and the traffic circulation pattern within these subdivisions. Mr. Fisher
asked if present County ordinances, circulation patterns, and the number of lots in
Bedford Hills would necessitate that the roads in Bedford Hills be taken into the State
system. Mr. Tucker said the main thoroughfares are collectors (Culpeper and Staunton)
and these roads would need to be built to State standards under the County's Private Roads
Ordinance.
Mr. Roudabush asked if development of the large tract of land to the rear of Bedford
Hills Subdivision would have an impact on ~raffic in either Bedford Hills or Rutledge
Farms. Mr. Tucker said the parcel to the west of Bedford Hills would probably need
access through Culpeper Drive and any development would be limited by the road itself.
Mr. Roosevelt restated statistics on sight distance set our in his letter of July 2,
1979.
Mr. Fisher then asked for public comments. Mr. J. F. Bishop, the applicant, said
he had nothing to add to his comments made at theilast meeting.
Mr. Morris Foster, Civil Engineer and Surveyor, was present to speak for those in
opposition to approval of this plat. Mr. Foster said he had looked at the 60 foot
easement pro~o~ed for the alternate access with Mr. Byron Coburn of the Highway Department
· ~F-o~w_ ~e~
Mr. Morrls~ald he ~hlnks Mr. Bishop, or One of his corporations, owns several parcels
of land along Route 743. The 60 foot easement could be moved as much as 125 feet to the
south and by so moving this easement and clearing (which would go onto the adjacent
property owner), and lowering the hill, the required sight distance could be obtained.
Mr. Foster said if the easement is shifted 125 feet, he thinks the applicant owns enough
land at that point that a turn lane could be constructed on the developers land and the
taper constructed in the right-of-way.
Mr. Roosevelt confirmed details as stated by Mr. Foster. He noted that there is
another vertical ~urve about 660 feet south of this easement which would require work in
the roadway to correct. The entrance could be moved 125 feet south and~with clearing of
brush have adequate sight distance to the south. This would give an extra 125 feet or
more to the north which would reduce the amount of grading across this vertical curve. He
agreed that the easement could be moved 100+ feet to the south if the developer owns the
parcels mentioned.
Mr. Fisher asked if moving the alternate entrance to the south would make a better
entrance than what is presently shown on the plat. Mr. Roosevelt said moving the access
125 feet further south would reduce the cost to grade the road to get adequate sight dis-
tance. Mr. Roosevelt said he had no preference as to entrances as long as a turn lane
can be constructed.
Mr. Fisher said Culpeper Drive now has adequate sight distance, but has no decelera-
tion lane on the southbound side and no left-turn lane on the northbound side. S~nce there
is a fairly large amount of acreage to the rear of Bedford Hills which may someday be
developed, he asked if it would be better to have two entrances to serve these subdivisions.
Mr. Roosevelt said~unless a subdivision deadends within the land to be developed, the
Highway Department is now requiring that some idea of what can ~ome across the subdivision
from outside of its boundaries be given so the streets can be sized accordingly. The
streets in Bedford Hills were not considered this way when they were developed many
years ago and that is an error of the past. The Highway Department agreed sometime ago
to take the Bedford Hills streets into the State System the way they are size, as soon
as they are built to State maintenance standards. Once the roads are taken into the System,
the Highway Department will be responsible for the streets as they are when the other
properties are developed. If the streets are not taken into the system before the property
develops, the Highway Department will require that the Bedford Hills streets be brought
up to standards to handle existing traffic plus any other traffic anticipated.
Mr. Buddy Smith, resident of Bedford Hills, said he had read the reports from the
Planning Staff and the Highway Department. He did not think the land indicated for turn
lanes can ever be purchased and the residents of Bedford Hills do not feel the present
entrance can handle any additional traffic. At a meeting between residents of Be~n~d
Hills and Mr. Roosevelt, it was stated that it ~ould cost between $10,000 and $14,000 to
lower the vertical curve on Route 743. The residents feel it would be better to spend the
money for ~mprovements at the alternate entrance. Mr. Smith said if the alternate entrance
is constructed, they feel the developer can get one additional lot in this subdivision.
Mr. Smith said the residents of Bedford Hills feel use of the alternate entrance,
1) will save the developer money; 2) will provide a second access point to the entire
area; and 3) will provide a connecting limk to Bedford Hills Subgivision (which is needed
before the Bedford H~lls roads can be taken into the State system). The residents also
recommend that the roads in Rutledge Farms be built to ~tate specifications, at Ieast
from the connecting link with Bedford Hills Subdivision back to the dam in Bedford Hills.
The residents in Bedford Hills agree to repair the~pipe under Madison Drive, clear the
ditch lines, clean out the entrance pipe, and bring the drainage ditches up to State
specifications. The residents feel that the developer should seal the roads in Bedford
Hills to meet requirements set forth in a letter from the Highway Department which was
presented at the meeting last month and the Highway Department should post a 35 mile
per hour speed limit sign in Bedford Hills Subdivision. Mr. Smith said if the conditions
stated above are agreed to, the residents feel it will be a workable situation for all
parties.
With no one else present to speak, Mr. Fisher requested a motion to defer this
petition until July 18, in order that Dr. Iachetta can be present when action is taken.
Motion to defer was offered by Mr. Roudabush, seconded by Mr. Lindstrom, andacarried~by
July 11, 1979
(Day Meeting)
AYES:
NAYS:
ABSENT:
Messrs. Fisher, Henley, Lindstrom and Iachetta.
None.
Messrs. Dorrier and Iachetta.
Agenda Item No. 20. Bingo and Raffle Permits. Mr. Agnor noted that the Board had
received a memo from the Director of Finance dated June 20, 1979, in which the following
was stated:
"The General Assembly passed House Bill NO. 1219 during the 1979 Session which
related to the conduct of bingo games and raffles. This new billhimposes cumbersome
conditions on organizations and local governments. There are currently 16 organi-
zations in Albemarle County which have obtained permits for bingo games and r.affles.
Many of these organizations rely upon proceeds from bingo games for the majority of
their operating funds. The new law stipulates: 1) The annual permit which is
required to be issued by the Board of Supervisors before operating any game will now
cost $25.00. This permit fee can be waived by the Board. 2) Not more than one-
third of all bingo receipts can be earned from "instant bingo" 3) Proceeds must
be separated into categories as set out in the new law. 4) Each organization must
submit, under oath, an annual report of its gross receipts and expenditures. This
includes f~nds from all sources and not just those from bingo. 5) The board of
directors of each organization must submit a certificate declaring that the proceeds
from operation of Such games are used for purposes set out in the State law.
6) An annual audit must be performed of the records of each organization. The
Board of Supervisors shall establish a reasonabIe audit fee not to exceed one percent
of gross receipts. 77 No door prize shall exceed $25.00; no game shall exoeed
$1,000; and no jackpot shall exceed $1,000." Mr. Jones has recommended that the Board
take several actions on this matter, namely: 1) Determine if the permit fee will
be waived or not; 2) Establish a reasonable audit fee; 3) Designate a local
officer to perform the audits."
Mr. Agnor said he had one other recommendation which was not contained in the memo
from Mr. Jones. Miss Neher, the Clerk, has been receiving applications and issuing these
permits. With the more stringent regulations regarding investigation of applicants and
the requirement for an audit,'she has asked to be relieved of this duty. Mr. Agnor said
he agrees that this should be a part of the duties of the Finance Department.
Mr. Fisher suggested that the staff study this item further and make more specific
recommendations to the Board at their Augus2 8th meeting.
Agenda Item No. 21. Appointments: Industrial Development Authority, Library Board,
Community Action, Mental Health, Welfare Board, Ecomonic Development. There were no
nominations and these appointments were ordered carried over to the August 8th meeting.
Agenda Item No. 22. Statement of Expenses - Director of Finance, Sheriff and Common-
wealth's Attorney for the month of June, 1979, were presented. UPon motion by Mr. Roudabush
seconded by Mr. Lindstrom, these statements were approved as read. The motion carried by
the following recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Fisher, Henley, Lindstrom and Roudabush.
None.
Messrs. Dorrier, and Iachetta.
Agenda Item No. 23. Statement of Expenses for the RegiOnal Jail for the month of
June, 1979, was presented. On motion by Mr. Henley, seconded by Mr. Lindstrom, hhis
statement was approved as presented. The motion carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Fisher, Henley, Lindstrom and Roudabush.
None.
Messrs. Dorrier and Iachetta.
Agenda Item No. 24. Regional Jail Report - June, 1979. Statement of expenses
incurred in the maintenance and operation of the Regional Jail for the month of June,
1979, along with summary statement of prisoner days, statement of jail physician and
statement of salaries of the paramedics and the classification officer were received.
On motion by Mr. Henley, seconded by Mr. Roudabush, these statements were approved as
read. The motion carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Fisher, Henley, Lindstrom and Roudabush.
None.
Messrs. Dorrier and Iachetta.
Agenda Item No. 25. Report of the Department of Social Services for the month of
May, 1979 was received as information in accordance with Virginia Code Section 63.1-52.
Agenda Item No. 26. Central Well Permit: Piney Mountain Subdivision. Mr. Agnor
said on February 14, 1979, the Board approved an application from Mr. W. L. Clover to
operate a central well to serve five single-family dwelling units in the Piney Mountain
Subdivision. Mr. A~nor said the County Engineer has tested the well and found that it
is pumping 3.25 gallons per minute, an amount adequate to serve the five dwelling units with
one-half gallon per minute.
398
(Da~ Meetin )_ ~ ........ ,
Mr. Roudabush offered motion to give final approval for this central well permit to
serve five single-family dwelling units located in Piney Mountain Subdivision. Mr.
Lindstrom seconded the motion and same carried by the following recorded vote:
Messrs. Fisher, Henley, Lindstromaand Roudabush.
None.
Messrs. Dorrier and Iachetta.
AYES:
NAYS:
ABSENT:
Agenda Item No. 27. Lottery Permit.
Mr. Agnor presented a lottery permit application from the Crozet Moose Lodge 2164 for
the calendar year 1979. Notion was ofg~m~d by Mr. Roudabush to approve the lottery
permit for the calendar year 1979 in accordance with the Board's adopted rules for issuance
of such permits. Mr. Henley seconded the motion and same carried by the following recorded
vote:
AYES:
NAYS:
ABSENT:
Messrs. Fisher, Henley, Lindstrom and Roudabush.
None.
Messrs. Dorrier and Iachetta.
Mr. Agnor presented a lottery permit application from the Charlottesville Moose
Lodge #1028 for the calendar ~ear 1979. Motion was offered by Mr. Roudabush to approve
the lottery permit for the calendar year 1979 in accordance with the Board's Adopted
rules for issuance of such permits. Mr. Lindstrom seconded the motion and same carried
by the following recorded vote:
Messrs. Fisher, Henley, Lindstrom and Roudabush.
None.
Messrs. Dorrier and Iachetta.
AYES:
NAYS:
ABSENT:
Agenda Item No. 29. Other Matters Not on the Agenda.
Mr. Fisher noted the Governor issued an Executive Order on June 28, 1979, in which
political Rubdivisions are directed to identify and work with local retail gasoline
station~operators to develop and implement plans to alleviate conditions brought about
by restricted hours of operation. The plan should provide for staggered hours of operation
during the week and on week-ends. Mr. Fisher said when this order was received, Mr.
Agnor met with the Emergency Services Coordinator, Ms. Linda Peacock, and he asked Mr.
Agnor for a report on the meeting.
Mr. Agnor said he, Ms. Peacock, and the Assistant City Manager met with the president
of the local gasoline retailer association, Mr. Crenshaw, to discuss this executive
order. Mr. Crenshaw agreed to meet ~ith the local organization, to draw up a plan and
submit it for consideration by the City and the County and then on to the State. Mr.
Agnor said this meeting will take place tnnight and that a plan will be ready to submit
to the Board next Wednesday.
Mr. Fisher said there was an article in the Richmond Times Dispatch on July 8-, 1979,
which indicated that the Attorney General's office is setting up a permit procedure for
farmers who want to produce gasohol. According to this article, the procedure requires
that permission be obtained from the local governing bodies. He has asked the staff to
get more information on this matter.
Mr. Fisher presented the members of the Board with copies of an Bnergy emergency
transportation plan which the Peninsula Area (around Hampton, Virginia) has implemented.
He asked Mr. Lindstrom, member of the Transportation Committee, to take particular note
of the car-pooling aspects of this plan for any viable alternatives that might be used in
Albemarle County. (A copy of this plan is on file in the office of the Clerk to the Board
of Supervisors.)
Mr. Agnor said the application for a grant from the Virginia Department of Highways
and Transportation 'submitted by the County and JAUNT has been very favorably received by
the State reviewing agency. A meeting is scheduled for tomorrow morning with himself,
representatives of the State reviewing agency, Mr. Lloyd Wilson, Executive Director of
JAUNT, and representatives of the City to go over questions concerning the project.
Mr. Agnor said it was quite possible that Albemarle County may get some funding from the
State for this project.
Mr. Fisher said, apparently Congress has taken some action which may have an implica-
tion on the Crozet interceptor and Morton Frozen Foods connection to same. Under the
Clean Water Act of 1972, when the Federal government put up money for sewage traatment
plants, there was a provision that when industrial users came on line they would be required
to pay back a part of the Federal money that went into the construction of the plants.
Mr. Fisher said when the law was revised in 1977, Congress put a moratorium on industrial
costs recovery collections whi~e the Environmental Protection Agency studied the matter.
The moratorium expired at the end of June, 1979 and the Senate has moved to reinstate
that moratorium. Mr. Fisher said the Board should keep this in mind to see what e~fect it
might have on any forthcoming negotiations between the Albemarle County Service Authority and
Mortons.
397
July 11, 1979 (Day Meeting)
Mr. Agnor reported that the Tourism Committee has completed a draft agreement for
operation of a Tourist Bureau to be;:presented to the Board or Supervisors, City Council and
the Chamber of Commerce for adoption. This agreement will be on the agenda for next
Wednesday night.
Mr. Roudabush said several changes were made by the General Assembly this year with
respect to subdivision ordinances. He asked if any amendments to the County's ord&~a~ce
with respect to the two mile limit for requiring city approval for subdivisions have been
proposed. Mr. St. John said he will see that any amendments needed are put before the
Planning Commission for review as soon as possible.
Mr. Roudabush said he would not be present at the July 18, 1979 meeting and he hoped
the Board would not approve the Rutledge Farm Preliminary Plat with only one entrance.
Mr. Allen Freeman asked for time to speak to the Board about the energy crisis and
read the following into the record:
"July 11,k1979
I come before you to ask your consideration of several ideas I have concerning
the energy .situation in Albemarle County.
The energy problem is long term and is presently causing economic hardships for
our citizens. In the future, the problem may reach a crisis point. We may not have
gasoline to get to work, run our school buses, our business, or have oil or electricity
to heat our homes.
Although the recen~ tight supply of gasoline has lessened, it is probable that
it will reoccur and soon. The State is already changing the distribution formula
to increase the supply touurban area~ and lessen the supply to rural areas. White
Hall, Crozet, Greenwood, Free Union and most of the rest of Albemarle County can be
considered rural. We must be prepared to handle this and ali other energy related
situations.
This Board has been ahead of most Virgimia localities concerning energy. You
have established an ordinance allowing tax assessment "forgiveness" for solar devices;
most localities have not yet acted in this area. You have sought ways to convert
waste materials into usable heat energy. You have established an in-house energy
committee.
As laudable as these efforts are, it is now time to involve the public in
seeking solutions. If we wait for the State or Federal governments to direct us,
I ~ear that we will be unprepared if an emergency arises. Even in the absence of a
crisis, planning must continue.
Albemarle County government cannot by itself "solve" this energy shortage.
Yet, I believe it is the responsibility of the Supervisors to help manage the
situation. Therefore, I call upon the government of Albemarle County to act as an
example of sonservation and as a catalyst for change in the public's understanding
of the problem.
To accomplish these purposes, I suggest three actions:
1. This Board should establish an Albemarle County Energy Commission. This commission,
advisory in nature, should be responsible for recommending to the Board and to,the
public.practical ways in which gasoline shortages can be lessened in severity and
ways to prevent a shortfall in all energy supplies this winter and in the future.
The commission's m~mbership should reflect a wide spectrum of interest groups~
all economic and social sectors should be represented, as well as the business
community. I ask that you direct the County Executive to draft guidelines for such
a commission.
2. This Board should consider adopting as many of the proposals outlined in the
paper, E.n.e~gy: some Thoughts on What Albemarle County Government Can Do, as are
practical. I am most interested in the adoption of suggestions which reduce the
amount of energy used by the County government. Every gallon of oil and gasoline
and every kilowatt of electricity this government saves can be added to the supplies
available for private and business uses. Also, by reducing the use of energy, the
government will be reducing the cost of government. Each of you as well as the
County Executive, School Board members, School Superintendent, and members of the
press, received copies of this paper July 2, 1979. I have extras if needed. (copy
of this paper is on file in the office of the Clerk of the Board of Supervisors).
3. Attorney General Marshall. Coleman has written guidelines for the legal production
of ethanol, an ingredient of gasohol. One regulation requires a resolution of approval
from the local governing body before an individual will be granted a permit to manu-
facture ethanol. I recognize the basic flaw in the manufacture of ethanol; it often
consumes more energy thaniis produced. Yet, I urge this Board to: a) encourage
local farmers to seek information on this subject, and b) begin work on establishing
under what zoning and other restrictions this ~oard would grant an individual's
request to manufacture e~hanol.
I do not expect the Board to act today on these requests. I do hope you will
consider a public discussion on energy, possibly as an agenda item-at a future
(Day Meeting)
1118,, 11997799 (.Regular Nigh, t Meeting)
Mr. Fisher thanked Mr. Freeman for his comments. He said that many of the suggestions
are already being worked on by the County staff. Some months ago, the staff began
wo~rking toward redu~t±on of energy in vehicles; cross-braining of Inspectors i~ being
investigated as one method to conserve on gasoline consumption. The Transportation Com-
mittee has been working on several things. Mr. Fisher said he has asked the S~hool
Board to investigate theu~use of school buses as a means to get people to work ~should
there be a severe ~nergy crisis. Last year, the County undertook a study of school..
buildings and their use of energy. The County is working to expand the JAUNT operation as
a~ethod to implement public transportation. A school bus routing system study is underway.
This study should make recommendations as to a more efficient use of school buses in the
collection and distribution of children in the school system. Mr. Fisher said this is
just the beginning and there is a possibility that more can be done in the near future.
At 4:06 P.M., the meeting was adjourned.
Agenda Item No. 30.
Chairman
July 18, 1979 (Regular Night Meeting)
A regular meeting of the Board of Supervisors of A~bemar!e ~County, Virginia was held on
July 18, 1979, at 7:30 P.M., in the Albemarle County Courthouse, Charlottesville, Virginia.
Present: Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher, J. T. Henley, Jr., F. Anthon
Iachetta and C. Timothy Lindstrom.
Absent: Mr. W. S. Roudabush.
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. The meeting was called to order at 7:35 P.M. by the Chairman,
Mr. Fisher, with a moment of silence.
Agenda Item No. 2. SP-79-29. Robert Vanderveer. Petition for a duplex on 3.045 acres
zoned A-1. Property locate'd in Riverview Farms Subdivision on Route 785 near the North Fork o
the Rivanna River. County Tax Map 33, Parcel 18 (part thereof). Rivanna District.
(Advertised in the Daily Progress on July 6 and July 12, 1979).
Mr. Tucker noted that this petition had been withdrawn before the Planning Commission
at its meeting on July 10, 1979.
Appeal:
Rutledge Farm Preliminary Plat.
(Deferred from July 11,
Agenda Item No. 3.
1979).
Mr. Fisher said this appeal was deferred at the request of Dr. Iachetta who was out of
town on July llth. He then asked Dr. Iachetta for his comments.
Dr. Iachetta said he had listened to the tapes ofihhe July !lth meeting and has also met
with residents of Bedford Hills. He then presented the Board with a copy of the following
proposal from Bedford Hills residents:
"July 17, 1979
Board of Supervisors
Albemarle County, Virginia
To:
We, the residents of Bedford Hills and associated areas, would like to summarize
our position, after much study and consideration, as to the proposed Rutledge
Farm Subdivision and its impact on related araas.
We believe the best possible solutions are as follows:
The alternate entrance as proposed by the Bedford Hills residents be approved
as the entrance to Rutledge Farm.
Roads in Rutledge Farm be made to conform to state specifications, including
a connecting link to the Bedford Hills roads, to the rear of the dam.
The residents of Bedford Hills will repair the pipe under Madison Drive, clear
ditch lines, clean out entrance pipes, and bring drainage to state specifications.
The developers of Bedford Hills shall be responsible for sealing the roads of
Bedford Hills as required by the Virginia Department Of Highways.
The Board of Supervisors with the cooperation of the Virginia Department of
Highways shall pre-stipulate that a 35 mile-Der-hour residential speed limit
~be established in Bedford Hills.
JUSTIFICATION OF PROPOSAL
Bedford Hills Entrance:
1. Land is not available for left turn lane.
2. Land is not available for right turn lane and needed right-of-way probably cannot
be purchased at any price.