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1977-02-02NFebruary 2~ 1977 (Regular-NiKht Meeting) ¸052 A regular meeting of the Board of Supervisors of Albemarle Count~, Virginia was held on February 2, 1977, beginning at 7:30 P.M. in the Albemarle County Courthouse, Charlottesville, Virginia. Present: Mrs. 0pal D. DaVid and Messms. Lindsay G. Dorrier, Jr., Gerald E. Fisher, J. T. Henley, Jr., F. A. Iachetta (arriving at 7:53 P.M.) and W. S. Roudabush. Absent: None. 0ffieers Present: County Executive, Guy B. Agnor, Jr.; County Attorney, George R. St. John; and County Planner, Robert W. Tucker, Jr. Agenda Item No. 1. The meeting was called to.order ~y the~Chairman, Mr. Fisher. Agenda Item No. 2. Amendments to the Albemarle County Land Subdivision and Development Ordinance Section 18-37(L) and the Albemarle County Zoning Ordinance S~ctlon 17-5-8 for provision of service roads along transportation arterials of the County. (Notice of this public hearing was published in the Daily Progress on January 19 and January 26, 1977) Mr. TuCker said the Planning Commission has not yet acted on these amendments and feel their work will take at least the rest of the month of February. It is therefore requested that this matter be deferred until at least March 16. Motion to this effect was offered by Mr. Roudabush, seconded by Mrs. David and carried by the following recorded vote: AYES: NAYS: ABSENT: Mrs. David and Messrs. Dottier, Fisher, Henley and Roudabush. None. Dr. Iachetta. Agenda Item No, 3. Absentee Voter Precinct for 1977 was deleted because this was not brought to the attention of the Board of Supervisors until after the first of February, therefore according to State Code no action could be taken for the present calendar year. Not Docketed: Mr. Charles Long, Chairman of the Queen's Medal Committee of the Bicentennial Commission was present and presented the following resolution: "Be it resolved that the Albemarle-Charlottesville Bicentennial Commission via a telephone vote taken on February 1, 1977 did unanimously approve the follow- ing resolution.: In the spirit of the Bicentennial the Commission does hereby appropriate up to $3,000. to the Emergency Fuel Fund of the Social Services Departments of the City of Charlottesville and the County of Albemarle, Virginia. (Maximum to be $1,500. per fund). Said monies are to be used 'for the purchase of Emergency Fuels for persons the Social Services Departments have determined to have such a need. $500. in monies shall be remitted to each fund from the Albemarle-Charlottes- ville Bicentennial Commission Queen's Medal account as soon as endorsement and approval of this resolution has beBn received from the City and Counties Govern- mental bodies. The monies that have not been paid immediately may be forwarded to the Social Services Departments when requested by their respected department heads. Any monies not used for the purchase of Emergency Fuel Fund as a~ropriated above by April 15, 1977 will revert back to the Bicentennial Commission. Motion waS then offered by Mr. Dottier, seconded by Mr. Roudabush to accept the offer of the Bicentennial Commission. The motimn'carried by the 'following recorded vote: AYES: Mrs. David and Messrs. Dottier, Fisher, Henley and Roudabush. NAYS: None. ABSENT: Dr. Iachetta. Agenda Item No. 4. Membership-Virginia State Chamber of Commerce. Mr. Agnor mentioned the following memorandum. "This office received in early December an invoice for $100 for Albemarle County's annual dues in the Virginia State Chamber of Commerce. The budget for this year does not have an appropriation for these dues, and examination of last year's disbursements revealed that it had been paid from Chamber of Commerce dues which overdrew the account in the same amount as the State dues. In reviewing with Mr. Fisher items for the Board's agenda, we discussed the invoic~ the lack of funds to pay it, and the necessity of an appropriation, Mr. Fisher was unaware, as was I, that the County belonged to the State Chamber. Apparently, at least two budgets had been prepared and approved without funds being provided for this membership. Having requested all departments to reduce their expenses this year, and specifically to cut dues and subscriptions except for membership or periodicals directly related to their professional fields, Mr. Fisher and I agreed that the State Chamber should be advised that their annual dues had not been funded, and that Albemarle County should be removed from their membership rolls. This was done by lette~ of January 10 from this office. On January 21 I received a letter requesting reconsideration, and asking for final approval by the Board of Supervisors. Responding to this request, the item is on your agenda for February 2nd." 053' organization of public employee unions. It is a large organization and could be effective in representing the County if the County remains a member. He felt that the $100 is just a token contribution. Many other businesses in the State pay much larger dues and everyone gets some benefits. ~ Mrs. David said she feels the Virginia ASsociation of Counties is more important and even though this is a small amount, she questions the value of this membership. Mr. Henley felt the board should pass it by and consider it in the new budget. He then offered motion to agree with Mr. Agnor's recommendation and that the matter be considered in budget work sesszons. The motion was seconded by Mr. Roudabush and carried by the following recorded vote: AYES: Mrs. David and Messrs. Dottier, Fisher, Henley and Roudabush. NAYS: None. ABSENT: Dr. Ianhetta. Agenda'Item No. 5., Lottery Permits. Motion was offered by Mr. Henley, seconded by Mr. Roudabush to issue a lottery permit for the calendar year 1977 to the Crozet Volunteer Fire Company in accordance with the Board's adopted rules for issuance of such permits. The motion carried by the following recorded vote: AYES: Mrs. David and Messrs. Dottier, Fisher, Henley and Roudabush. NAYS: None. ABSENT: Dr. Iachett~. Motion was then offered by Mr. Henley, seconded by Mr. Dottier to issue a lottery permit to the Loyal Order of Moose, Crozet Lodge Number 2164, Crozet, Virginia, for the calendar year 1977 in accordance with the Board's rules for issuance of such permits. The motion carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley and Roudabush.. NAYS: None. ABSENT: Dr. Iachetta. Agenda Item No. 6. Site Plan Review, Bill Edwards Oldsmobile. Mr. Roudabush stated that he would not participate in the discussion because his firm had been engaged in business with Mr. Edwards. He then left the room. Mr. Tucker said on April 20, 1976, Site Plan Number 1 was approved by the Planning Commission for a location on R~ute 29 North, opposite Carrsbrook, subject to several conditions including Virginia Department of Highways and Transportation approval. On April 30, 1976 a letter was received from the Highway Department stating that sight distance was inadequate unless the grades were lowered on the southbound lane of Route 29 North. On June 15, 1976, Site Plan Number 2 was presented to the Planning Commission for a location ,on Route 29 North, just south of Rio Road. The Commission deferred action in order to confer with the Virginia Department of Highways and Transportation. A joint entrance with Sunny Hill Motel was planned using the existing cross-over. The Highway Department required a two hundred foot deceleration lane and a two hundred foot taper on the northbound lanes of Route 29 for left-hand turns into this cross-over. They also required the widening of the cross-over and a third lane on the southbound lane across the front of the property. On June 22, 1976, the Planning Commission approved Site Plan Number 2 with the entrance in the center of the property subject to further negotiation to take place between the applicant and the Virginia Department of Highways and Transportation on the joint entrance, On December 14, 1976, an amended Site Plan was presented to the Commission, showing a joint entrance and widening of the cross-over. Approval of this Site Plan was deferred until the Board of Supervisors made some decision about third lane requirements. Finally on January 4, 1977, the Site Plan was approved, conditioned on a joint entrance approved subjecl to the Highway Department's recommendations. It was noted that the Highway Department would also require a turn lane for the cross-over. Mr. Edwards was present. He said he had been informed by a representative of the Highway Department that no matter what the County requires, they will require a deceleration lane and a center entrance to be built on Route 29 North. Mr. Mike Boggs was also present to represent Mr. Edwards. He asked that the Board decide whether Mr. Edwards should build the deceleration lane on the southbound lane of 29 North. Mrs. David said she had sat through~the Planning Commission meetings on this. Mr. Edwards had a plan approved with a center entrance. He pursued negotiations for over six months trying to meet Highway Department requirements. Dr. Iachetta said he felt the Board should know the rationale of the Highway Department in making this request and suggested that the matter be carried over and discussed with the Highway Engineer at next Wednesday's meeting. Agenda Item No. 7. Discussion of proposed amendment to the Subdivision Ordinance- Section 18-7. (This matter was deferred from January 12, 1977.) Mr. St. John said the proposed amendment presented on January 12 did not state that documents would have to be recorded in th~ Clerk's Office and it also did not state that neither the State or the County would be responsible for maintenance of these improvements. Section 18-7 currently in the Subdivision Ordinance and proposed Section 18-20.1 have been Combined in one section to be known as Section 18-7. Mr. Roudabush said he was happy with the proposal now and feels that this avoids any overlap. He is glad there is no implication that these facilities, or improvements, would have to be bonded as public facilities are bonded. Motion was then offered by Mr. Dottier to adopt the following resolution of intent. BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby state its intent to amend the Albemarle County Code, Chapter 18, Section 18-7, known as the Albemarle County Land Subdivision and Control Ordinance, as follows: Section 18-7. Relation of Chapter to Private Contracts. This chapter bears no relation to any private easement, covenant, agreement or restriction, nor is the responsibility of .enforcing a private easement, covenant, agreement or restriction intplied herein to any public official. When this chapter calls for more restrictive standards than are required by private contract, the provisions of this chapter shall control. In the case of any plat on which is shown any road, sewerage or water supply system, or other fqature,, improvement, faeiIi'ty' or element, not to be maintained by any public agency, which is design"ed t'o 'serVe or to be used by more than one lot on such plat, the commission may require, as a prerequisite to approval of such plat, that provision be made for the payment of the costs of construction, maintenance and upkeep of such facilities to be borne ratably .by the owners of lots to be served by or to use the same. Such provision shall be made by instrument of record in the Office of the Clerk of the Circuit Court of Albemarle County and shall plainly state on its face that the costs of const'ruet'ion, maintenance and upkeep of such facilities will not be borne by the count'~~, the' CommOnWealth of virginia or any other public agency. BE IT FURTHER RESOLVED that the Albemarle County Planning Commission is hereby directed to hold public hearings on this proposed amendment and to make recommenda- tions on same to the Board of Supervisors. The motion was seconded by Mrs. David and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 8. Discussion of request from Town of Gordonsv&lle to reconsider action re: Subdivision Ordinance. Mr. St. John said Mr. Ulysses P. Joyner, Town Attorney for Gordonsville, had written a letter dated January 25, 1977, mn which he stated the Town Council of the Town of Gordons- ville is not inclined to accept the resolution of the Board of Supervisors of Albemarle County and at this time still intends to adopt the Subdivision Ordinance which extends beyond the town limits as allowed by statue. Mr. Joyner also said that since neither Gordonsville or Albemarle had submitted each others subdivision ordinances to the other, that neither is in force in that strip of land. The decision for the Board tonight is to decide whether or not this matter will be reconsidered at a public hearing on another date. Mr. St. John suggested that the Board reconsider the request. Mr. Joyner has submitted the Gordonsville Ordinance to the County for its approval or rejection. He did not think that this matter should go to court to have the decision made. Mr. Fisher said the o~ly reason to have a trial on this matter would be to point out the stupidity of the law that puts Albemarle County in this position. Mr. Roudabush said this law also subjects a certain portion of the County (which is already covered by adopted regulations the Board of Supervisors feels are reasonable) to review by somebody else and this costs money. He feels this would be an unnecessary burden. If the County's Ordinance is deficient in some way, it should be discussed and if the controls are insufficient, that should be taken into consideration. Dr. Iaehetta said this also snbjects the people who live in that part of the County to controls over which they had no input. These matters would be decided by persons who are not their elected representatives. Mr. Fisher asked if the Board wanted to reconsider the matter and have a representative from the Town of Gordonsville be present to explain why the~Town should have veto power over what happens in Albemarle County. Mr. Henley said he felt someone should be invited to come and speak to the Board so the Board could hear their side. At this time, Dr. Iaehetta offered motion to reconsider the request from the Town of Gordonsville and to ~ask the proper official to come from the Town to explain their concerns. Mrs. David said she did not want to vote~to reconsider until she had heard their side. Mr. St. John said he c~uld reply that the matter had been taken under advisement. Mr. Roudabush said he felt that if the Board went along with the request from Gordonsville, that every amendment to the Subdivision 0rdinanee would have to be sent to Gordonsville for their, revie~ At this time, Dr. Iachetta withdrew his motion. Agenda Item No. 9A. Appropriation: Excess Fees Payable to State Treasurer. Mr. Agnor said the Clerk of the Circuit Court collects fees on a calendar year basis. Her fees are then audited by the State and those fees which exceed the expenses allowed that office by the State Compensation Board are divided; two-thirds being retained by the locality and one-third being returned to the State. The 1976 aUdit has been received and the Clerk's 0ffiee had collected fees in excess of the amount allowed by the S~ate. The invoice from the state is for $21,044.80, whereas the appropriation in the current budget is only $15,000, therefore, an appropriation of $6,044.80 is needed to pay this invoice. Motion was then offered by Dr. IaChetta to adopt the following resolution: 055 Februar_~ 1977 (Regular-Night Meet±n~) vote: AYES: NAYS: 'BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $6,044.80 be, and the same hereby is, ~appropriated from the General Fund and ~oded to 0'1006 for excess fees payable to the State Treasurer. The'fOregoing motion was seconded by Mr. ROudabush and carried by the following recordec Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 9B. Appropriation: CETA Program. Mr. Agnor said the Title 6, CETA Program was initially .funded through September 1976. It has now been extended through March 31, 1977. Expenditure of these funds removes the necessity of using General Fund money to pick ~up the CETA expenses which pay the cost of six full-time employees. Mr. Agnor said an appropriation of $11,071.94 is needed before this money can be expended. Motion was then offered, by Dr. Iaehetta to adopt the following resolution: BE IT RESOLVED by the BOard of Supervisors of Albemarle County, Virginia, that $11,071.94 be, and the same hereby is, appropriated from the General Fund and coded IFJ123.1 for expenditures under the CETA Program through March 31, 1977. The foregoing motion was seconded by Mrs. David and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fish'er, Henley, iachetta and Roudabush. None. Agenda Item No. 9C. Appropriation: Monticello Guard. Mr. Agnor said ~he City Council has not yet appropriated any funds. Mr. Roudabush said Mr. Charles Long of the Bicentennial Commission called to talk about the item which was on the agenda earlier tonight. He indi- cated there might be other surplus monies available if all fees can be collected. One thing they have considered using that money for is uniforms for the guard. Mr. Roudabush said he would call Mr. Long and talk ~about this matter further. Agenda I~em No 10. Request to update County Code through December 31, 1976. Mr. St. John said the Michie Company has been printing theCCounty Code on a yearly basis. During the past year the County Code was recodified and at that time the Michie Company recommended that the Code be updated once every six months. Mr. Agnor said it is recommended that the County begin this six month revision process now, but the cost will depend on the number of amendments made each six months. At this time motion was offered by Dr. Iachetta to accept the~.~ecommendation of the County Executive. The motion was seconded by Mr. Roudabush 'and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. llA. Appointment: Equalization Board. Mr. Fisher offered the name of Mr. John O. Higginson to serve as a member of the Equalization Board for the calendar year 1977. Motion to appoint Mr. Higginson was offered by Dr. Iachetta, seconded by Mrs. David and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. llB. Appointment: Auditors for Fiscal Year 1976-77. Mr. Fisher noted that a letter had been received from Dulaney and Farmer offering their services as County Auditors for the fiscal year 1976-77. Mr. Agnor recommended that the County continue the engagement of Dulaney and Farmer. Motion to this effect was offered by Mr. Roudabush, seconded by Dr. Iaehetta and carried by th~ following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. llC. Appointment: Rural Transportation AdVisory Group. Mr. Agnor sai¢ JAUNT has received a grant in the amount of $249,000 to operate transportation facilities in Planning Distrimt 10. The Planning District has been authorized to form an advisory group t¢ plan and monitor and evaluate the expansion of the JAUNT system. They have asked that the County appoint one person for a two-year term during this demonstration project. Mr'. Fisher said JAUNT has been an important concept hut in trying to combine transporta- tion facilities for a lot of the agencies, they have come under fire from the rural counties in the Planning District. There was a demonstration program in Green County which was funde¢ and went bankrupt. He said it is important that any program developed in Albemarle County have good administrative control. Mrs. David said she had a volunteer for this appointment, but he is not known to her. Fahw~awy ?: ] 93~Ragular-Nig3at Meetin, g3 056 In the last few months he has done volunteer work for The Jefferson Area Board on Aging, taking a survey of their transportation problems. He has also worked with Jane Saunier at the Planning District Commission and is familiar with the 147 Gr~nt, which is the rural transportation plan. His name is James R. Skove. He is a retired civil servant and now a graduate student in the School 6f Architecture, Department of Planning at the University. He holds a BA in Civil Engineering. He graduated from the U. S. Military Academy in 1950. She suggested that he be invited to the meeting on February 9th for an interview. Agenda Item No. 12. Discussion: Energy Crisis. Mr. Fisher said since the Governor's Proclamation on energy this past week-end, he has attended a number of meetings on the subje¢ On Tuesday morning he met with representatives of VEPC0, the fuel oil organizations, the Mayor, and various social agencies, trying to determine what volunteers can do to help people who will become unemployed because of the energy crisis. It is apparent that the people who have been laid off will not receive any form of compensation for at least four weeks~ which is the minimum time requirement for unemployment insurance. The group that met on Tuesday felt the Information and Referral Service is the best place for citizRns to call when they have needs. The Information and Referral Service can provide phone coverage from 8:00 A.M. until 11:00 PiM.; possibly for 24 hours a day if necessary. The Monticello Community Action Agency is working to provide firewood by having volunteers cut and transport same. The Ministerial Association is asking churches to take up an offering this Sunday. Mr. Fisher said he also understands the County Social Services Department has funds for emergency fuel and emergency food payments. Mrs. Karen Morris, Director of the County Social Services Department, was present. She said the State has just released funds which are to be used strictly for emergency payments to people who are in a fue% crisis situation. If they cannot pay for fuel, they can get a one-time assistance of $100. The Department is able to help a few individuals with small fuel bills using emergency fuel.funds in the County's budget. Her department has been requested to process all food stamp applications for individuals who have been laid off due to weather conditions. There is no local money involved in food stamps. The Department has used its emergency utility money to buy wood stoves. Mrs. Morris said she has some staff members who have volunteered to cut wood, after hours, trying to help the elderly. The money from the Bicentennial Commission will help because all monies administered through her Department have restrictions of some kind. The Department made a survey today of the local oil companies to find out who could be called quickly. Out of the eleven oil companies in the area, there is only one company that will take on new customers; none will take on customers who use kerosene. She said the Department had twelve applications for assistance on Monday, ten on Tuesday and it is probably turning away six persons a day. Mr. Fisher said the State Corporation Commission has directed the utility companies not to disconnect persons for non-payment of bills during this cold weather. Mrs. Morris said that will help because Farmers Home Administration will not let wood stoves be installed in some homes on which they hold loans because of restrictions in their code. Mr. Agnor said this is because these homes do not have a flue. AHIP is installing flues, i!~fro Ag~c~ ~!~?.d Mr. Fisher asked what is done if a person is evicted for non-payment of rent. Mrs. Morris said that is the reason the money from the Bicentennial Commission is needed. Yester- day they had three applications from families where only one parent was working and had been laid off. These families had been served with an eviction notice and had no money. The Department will use the Bicentennial contribution to help pay fuel bills, then money from the emergency utility fund to help pay rent and money from the churches to help buy food. Mr. Agnor said before the Governom's order was issued, a survey was made for the schools using fuel oil. ~atural gas is the problem, although fuel oil is of concern because the draw on fuel oil is greater since the interruptable gas customers were taken off of the gas system. After the Governor's Proclamation, the news media had a conference on Sunday afternoon to discuss with City and County officials what information should be handed out. There was not enough information available for release at that time. There have been calls today asking what the governor's order means and how someone can be reported for not comply- ing. Mr. Agnor said he talked to the County Attorney and determined that the Commonwealth's Attorney and the Sheriff have the responsib%lity to enforce the Governor's Order. The question of who is effected by the order was probably settled by the Governor's news release yesterday. In an attempt to comply with the spirit of the Governor's Order, Mr. Agnor said he ordered that the County Office Building go to an eight-hour day. Even though the Governor's Order was applicable only to retail businesses and professional offices, he felt the public would expect County facilities to conserve energy. He had reservations about how much energy this will really conserve. Mr. Fisher said he and Mr. Agnor had talked about going to a four-day work so the County Building could be shut down for three days each week. They are still investigating this possibility. Mr. Agnor said that would conserve more energy than the eight-hour day. At the present, the heat is being cut down at three in the afternoon and back up at seven in the morning. Ail night meetings have been moved from the Building and rescheduled for the Courthouse which must be heated for the Sheriff's 0ffice. There is no way to cut off any~ part of that building. Ail the County's schools are now using fuel oil. The six schools that are on interruptable supplies were taken off of gas about two weeks ago, put back on until last Thursday, and now it is indicated that they will be off of the gas system for the rest of the season. Mr. Agnor said he had talked to Mr. Clarence McClure, Superinten- dent of Schools, about energy being used for schools and businesses being closed down. The only businesses presently being closed are those that were on natural gas and had no alter- nate fuel capability. These businesses are receiving only plant protection gas to keep the business at forty degrees. The County schools burning oil do not take fuel from these businesses. The School Board feels the schools should continue to operate until it is indicated that supply.is needed in retail stores or homes. In areas where schools are closed, it is because of frozen water or no alternate fuel supply. The Albemarle County Service Authority has finally finished, this afternoon, uncovering frozen pipes. The change in the weather has helped, but there is no guarantee there will not be any more cold weather In general, the weather is beginning to level out. The whole effect of this energy crisis 05? February 2, 1977 (Regular-Night Meeting is economic and that will be worse. Mr. Henley asked what County Employees are doing about lunch hours. Mr. Agnor said he had a staff meeting Monday and asked that employees not take advantage of having work hours cut by one hour a day. He asked that lunch hours be limited, but did not give a specific time limit because of the short duration of these hours. He will continue with the present pay scale. Mr. Fisher said if the crisis gets worse, he will have to call a special meeting of the Board. Agenda Item No. 13. Discussion: Assistant County Executive. Legislative Matters. Present was Mr. Robert Sampson, Mr. Fisher asked what had happened to House Bill 855 (Annexation Bill). Mr. Sampson said House Bill 855 was revised January 19, voted out of committee on January 25, and was supposed to have come before the General Assembly for a second reading at 4:00 P.M. today with a third reading at noon tomorrow. It has been rewritten three times and amended so many times that it will probably not be recognizable. It is mere speculation as to whether or not it will pass. Mr. Sampson said none of the bills the County asked for were introduced into the legislature. The main reason is that this is a short session and there ~eme between 1,800 and 2,000 bills introduced. The session was extended until March 4th, twenty-two extra working days. One bill the County asked for was an increase from 2% to 4% on the transient occupancy tax. The chances of getting anything changed on that are minimal. Arlington County has asked that their tax be increased to 5% and this amendment could be tacked onto the legislation for Arlington County. However, it is doubtful that they would allow this because it would be the kiss of death for their legislation. There were three different pieces of legislation proposed dealing with income taxes. At this time, the State is so concerned with its own deficit that it is not bringing up for floor debate any matters deal- ing with income taxes. Mr. Sampson said House Bill 1261 dealing with putting local governments under the control of the State Corporation Commission for establishment of utilities rates has been defeated. Also, there is a study commission looking into the matter of special legislation for counties and cities to gmve them more authority to run their own affairs without going to the General Assembly each time some minor housekeeping item is needed. That committee was to have reported at this session of the General Assembly, but will be reporting next session. Mr. Fisher noted ~hat Mr. Sampson should keep the Board informed on legislative matters that will have an impact on Albemarle County. Not Docketed: Mr. Fisher said he had received a copy of the Department of Taxation's Annual Report. This report includes a summary of tax legislation that was passed by the General Assembly in 1976. He noted a couple of items of interest. If a person is going to hold a nonprofit antique, art,or craft show, he must pay a $30 S~ate License Tax. There was a provision ratified in the Constitution that permits farm animals, certain grains and feeds, farm machinery and farm implements to be classed separately as tangible personal property which would allow localities to exempt in whole or in part from tangible personal property tax all or any of the listed classes. Also, a Bill was passed that would repeal, on December 31, 1979, the authority for Counties and Cities to require a permit for parking of mobile homes. A change was made in Section 58~847 which allows the governing body of localities to waive the penalty and interest assessed for failure to file a return or pay any real estate, tangible personal property or intangible personal property, if such fail- ure was not in any way the fault of the tax payer. Mr. Fisher said, that was the complaint on one out of every two of the complaints received by the Board in December where tax bill were sent to the mortgage company and not returned to the taxpayer before the deadline for payment. The Board was informed, at the time these complaints were received, that they did not have the power to waive the penalty. He asked Mr. St. John to check this section to see if it applies to these complaints. Dr. Iachetta apologized for arriving late to the meeting. He said the First Baptist Church was essentially lost tonight through a fire. By the time the fire companies arrived, there was nothing that anybody could have done. He said after reflection on this, the Board will be hearing more from him about what should be done in the area of fire protection. It was startling to see how fast an old wooden building could go; water had no effect. He said the Board will have to rethink what kind of equipment is available in certain parts of the County. It is clear that pumpers alone will not do much in densely populated areas. The County needs to look at long range plans and the type of equipment needed and he realizes this may cost money. Mr. Dottier asked when the State will begin working on equalization assessment proce- dures. Mr. Agnor said Mr. Forberg had scheduled two different dates to begin and had to postpone both times. He has been assured that Mr. Forberg will call tomorrow and give a positive date for the beginning of this study. February 1 Februar¥9'~2' 977 (~egu!ar Day Meeting) 1977 (ReKular-Night Meetlng) 058 Mr. Fisher said he had recently toured Western Albemarle High School and he recommends that all Board Members do the same. I~ is an impressive structure. Agenda Item No. 14. Adjournment. At 10:30 P.M., at the request of the Chairman, motion was offered by Mr. Roudabush to adjourn into executive session to discuss personnel and legal matters. The motion was seconded by Dr. Iachetta and carried by the following recorded vote AYES: NAYS: Mrs. David and Messrs. Dottier, Fisher, Henley, Iaehetta and Roudabush. None. The Board reconvened at 11:30 P.M. and immediately adjourned. February 9, 1977 (Regular Day Meeting) ~A regular meeting of the Board of Supervisors of Albemarle County, Virgfnia, was held on February 9, 1977 at 9:00 A.M. in the Board Room of the County Office Building, Charlottesvi] Virginia. Present: Mrs. Opal-D. David and Messrs. Lindsay G. Dorrier, Jr.~ Gerald E. Fisher~ J. T. Henley, ~r., F. Anthony Iachetta and W. S. Roudabush. Absent: None. Officers Present: John. County Executive, Guy B. Agnor, Jr.; County Attorney, George R. St. Agenda Item No. 1. A.M. The meeting was called to order by the Chairman, Mr. Fisher at 9:12 Agenda Item No. 2. Approval of Minutes: March 3, 1976, March 10, 1976 (Afternoon), March 10, 1976 (Night), March 17, 1976, September 22, 1976, and January 19, 1977. Mrs. David noted the following corrections: March 10, 1976, page 2, third paragraph from the bottom, strike the words "would personally" and substitute "wants to dispose of" between he and the on the first line; page 2, second paragraph from the bottom, delete the word "added" between Mr. St. John and that and replace with "recommended"; page 2, second paragraph from bottom of page, fourth line down, delete the word "and" and insert "so" between March 18 and that~and add the word "could" between County Executive and consult; Janua~ 19, 1977, page 1, at the end of eighth paragraph, insert the following wording "Albemarle County'~has the largest population of any locality in Planning District !0." Motion was then offered by Mr. Roudabush to approve the minutes excluding September 22, 1976, with the above mentioned corrections. Dr. Iachetta seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Not Docketed. record: Mr. Lynn Coffman, was present and read the following resolution into the "WHEREAS, the Albemarle County Board of Supervisors is aware of the facts that the Division Superintendent of Schools, Mr. Clarence S. McClure', is a founder of, an officer of, a director of, and a shareholder of BMC Corporation, a McClure family and friend incorporated business enterprise operating for financial gain (1) Oakhill Grocery; (2) Hardware Grocery; and (3) Oakhill Trailer Park; and NOW THEREFORE be it' resolved: that the Board of Supervisors of Albemarle County shall seek the opinion and advice of the Attorney©General to these questions: (1) Within the purview of Code 22-38, has Division Superintendent of Schools, Mr. Clarence S. McClure, engaged in business as a founder of, an officer of, a director of, and a shareholder of BMC Corporation. (2)~7-"WiZhin the purview of Code 22-38, is an official action of the school board required to convey its "prior approval"? (3) Within the purview of Code 22-38, should the office of Albemarle division superintendent "be deemed vacant" by virtue of Mr. McC!ure's BMC Corporation activities falling within the purview of "engaging in business" without his having been "granted prior approval by the local school board" 'as defined in the cited Code section?" Mr. Fisher said the request has been received by the Board and a response will be forthcoming at a later date. Agenda Item No. ~a. Highway Matters: Bill Edwards Oldsmobile Site Plan Review.