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1977-02-09February (Regular-Night Meeting) ~Februarv 92,~ 11997777 (.Regular Day Meeting) 05' 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. ~genda Item No. 14. Adjournment. At 10:30 P.M., at the request oF the Chairman, motion was oFFeredby 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. Dorrier, Fisher, Henley, Iachetta 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, Virginia, was held on February 9, 1977 at 9:00 A.M. in the Board Room of the County Office Building, Charlottesvi V±rginia. Present: Mrs. 0pal D. David and Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher~ J. T. Henley, J~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 I~em No. 2. Approval of Minutes: March 3, 1976, March i0, 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 10." 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. Mr. Lynn Coffman, was present and read the following resolution into the record: "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~l)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))~!Wl2hin the pumview 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. McClure'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. 3a. Highway Matters: Bill Edwards Oldsmobile Site Plan Review. February 9, 1977 (Regular-All Day Meeting) Mr. Roudabush abstained from discussion on this matter because his firm is engaged in business with Mr. Edwards. This matter was discussed by the Board on February 2 and Mr. Edwards requested the requirement of a left turn lane for northbound traffic be further discussed with the Highway Department. Mr. Robert Tucker, Director of Planning said the Planning Commission approved the site plan on January 4, 1977, with the condition of a joint entrance, subject to approval by the Virginia Department of Highways and Transportation (turn lane for crossover would be a requirement). This was approved with the hope that something could be resolved on the site plan between the Highway Department and Mr. Edwards. However, the Planning Commission questioned whether a joint entrance with the Sunny Hill Motel was proper or if a center entrance was correct. The Planning Commission did not feel a stacking lame was needed if the center lane was deemed proper and felt a deceleration lane for the northbound traffic was an excessive condition,r Left turn movements could be made at the Rio Road-Route 29 intersection. Previously, on June 22, 1976, the Planning Commission had approved another plan with an entrance in the center of the~property subject to further negotiation on the joint entrance between the applicant and the Highway Department. Dr. Iachetta asked if the applicant could go back to that plan. Mr. Tucker said such a plan would have to be resub Mr. Fisher felt a deceleration lane for southbound traffic on the frontage of Mr. Edwards' property and modifying the crossover for northbound traffic were excessive req Mr. Dan Roosevelt, Resident Highway Engineer, was present and said the Highway Department looks to the Board and Planning Commission for decisions on site plans but, if such decisions are less than Highway Department requirements~ such advice is disregarded. Developers have beeo required to build a left turn lane if an entrance is across from a crossover along a divided highway and if evidence can be shown that traffic to such property will use the crossover. If a left turn lane is not required, sometime in the future the Highway De~ will have to either close the crossing due to traffic volume and safety aspects or build a turn lane at the department's expense. He felt the crossover will be used by traffic to the subject property and obviously the crossover needs to be made safe. Dr. !achetta felt requiring Mr. Edwards to widen the present crossover and add a deceled lane were unreasonable requirements since the Highway Department has indicated a crossover at Berkmar Drive with curb and gutter and a decel lane will eventually be built by them. He felt, sin.ce other businesses will use the crossover, that it was unfair to require Mr. Edwards to assume the entire expense and felt a third lane with curb and gutter would be a sufficient requirement. He asked if there were any highway funds for widening the crossover and building the left decel lane for northbound traffic. Mr. Roosevelt did not feel a left turn lane could be funded for a number of years since the Highway Department does not have sufficient funds to take care of higher priority items and priorities have to be set for usagm~.O~ ~ighway funds. If this were done with highway funds, then no justification could be given in the future for denying other such requests for similar projects. Mrs. David said the Planning Commission discussed splitting the cost three ways; developer, highway department and the County. Mr. Fisher was opposed to spending taxpayers money for this type of project. Discussion then followed on Berkmar Drive. Mrs. David encouraged Mr. Edwards to resubmit the site plan of June 22, 1976, showing the center entrance. Since traffic will increase leaving Route 29 to get onto Berkmar Drive, she felt the present crossover should be closed and relocated at the Berkmar Drive entrance. ~She did not feel Mr. Edwards should be required to have a joint entrance. She then asked if the crossover were closed if the Highway would be liable for a left turn lane at Berkmar Drive. Mr. Roosevelt said this would have to be considered if traffics, or turning increased to Berkmar Drive. Dr. Iachetta agreed with Mrs. David. Mr. Roosevelt reemphasized that Berkmar Drive's existence has nothing to do with the left turn lane because the Highway Department's policy is to require a left turn lane at an entranc$ across from a crossover. The left turn lane is only of such length to allow traffic to slow down and make the turn with no additional length for stacking. If the left turn lane is built by Mr. Edwards, the Highway Department would have a difficult time closing the crossover since it is in front of his entrance. He felt the existing crossover was easier to close and relocate at Berkmar Drive. Dr. Iachetta felt the Highway Department should consider the best and safest solution for long-range planning. Mr. Henley was opposed to requiring Mr. Edwards to do this. Mr. Bill Edwards was present and said public safety overrides anything he might elect to do but if the crossover were closed, he may decide to go with the joint entrance in order to obtain more frontage as this would be an advantage to his property. Mr. Mike Boggs, member of the Roudabush firm, was present and felt having a joint entrance would be to Mr. Edwards' advantage as well as the public's. Mr. Fisher agreed° Mr. Roosevelt was disturbed that the County is asking the Highway Department to assume all responsibility and planning on highway matters particularly with site plans and felt the County should share this responsibility. As for the situation at Berkmar Drive, the develo of that property chose not to build a crossover and the County did not require him to do so. Since the existing crossover was built, the Highway Department's policy has changed by not requirin~ a crossover e~cept at secondary connections unless a major commercial development is shown to be served by the crossover. Mrs. David asked if he would be willing to urge the Culpeper office to forego requiring a left turn lane for the northbound traffic. Mr. Roosevel said he would not recommend any application not showing a left turn lane. Mr. Fisher did not feel the Count.y should go against the recommendation of the Highway Department because they are relied upon for advice and said the situation could be handled in one of three ways: !) ~equest the highway Department to change its recommendation for the northbound left turn lane; or 2) accept ~hrecommendation of the Planning CommissiOn and take no further action; or 3) ~recommend to the Highway Department that the crossover be closed. Mr. Henley supported taking no action and not telling the Highway Department what to do. Mr. Agnor felt the traffic count on Route 29 is the key to the need for a dece! lane and not the usage of a turn off or a crossover. However, he did not feel this business would have that much bearing on the crossover. S o February 9, 1977 (Regular-All Day Meeting) Mr. Roosevelt said a meeting will be held on February 10 with Mr. Edwards, Mr. Hope, District Highway Engineer and himself to further discuss this matter. The Board appointed Mrs. David to represent the County at the meeting. Dr. Iachetta then offered motion to take no action and that the decision be based on requirements of the Virginia Department of Highways and Transportation in providing reasonably safe conditions. Mrs. David seconded the motion and same carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley and Iachetta. NAYS: None. ABSTAIN: Mr. Roudabush. Agenda Item No. 3b. Albemarle Bank and Trust Site Plan. r~Hiew at the request of one of the members.) (Brought to the Board for The site currently has a temporary banking facility and the request is for a permanent facility. Mr. Tucker said the Planning Commission approved the site plan on January 18, 1977. He then read the conditions into the record and the following were discussed by the Board: 1) The northern exit must be 18 feet in width, and its alignment must be 55 degrees from the horizontal; 4) A by-pass lane must be provided along northern side of the site; 9) Highway Department approval of entrance and exit. Mr. Tucker noted adequate room'was available with no encroachment on the building if the service road concept is approved by the Board. Mr. Tucker said the northbound exit is to make it impossible for anyone to make a right turn and this was requested by the applicant as a separate means of egress from the site to relieve the other entrance. Mr. Roudabush asked the purpose of the by-pass lane. Mr. Tucker said it would prevent those wanting to use the exit from being blocked by the drive-in facility. Mr. Wendell Wood, representing Albemarle Bank and Trust, was present and felt the plan was good and the Highway Department supported the exit lane. Mr. Bill Edwards asked if a deceleration lane was being required for the southbound traffic. Mr. W. R. Coburn, Assistant Resident Engi~neer, said a deceleration lane is not on the southbound side; however, there is an existing entrance which serves the trailer currentl~ used as an office which is opposite the existing crossover. There is a northbound decel lane~ and the site plan shows an acceleration lane from the existing entrance north for the majorit of the property. Mr. Roosevelt said if there is not a left turn lane, one should be built. He then explained the standards of the Highway Department for entrances. He felt the Highway Department would rather have on~ entrance with a slip ramp than to have two 50 foot entrances t~enty-five feet apart. Mrs. David felt the site plan was good. Mr. Roudabush had no problem with an extra entrance. There was no action taken on this matter. Agenda Item No. 3c. Other Highway Matters Not on the Agenda. Mr. Agnor read the following letter dated January 21, 1977, into the record:' "As requested in resolution by your Board on May 16, 1968, the following addition to the Secondary System of Albemarle County is hereby approved, effective January 21, 1977. ADDITION LENGTH WESTFIELD SUBDIVISION Greenbrier Drive - From: Int. Route 29 (0.3 Mi N.-Int. Route 743) to 0.19 Mi. Northwest. 0.19 Mi." Dr. Iachetta asked about the status of the Four Seasons Roads. Mr. Roudabush said plats need to be recorded for the additional easements that were required for drainage° Once they have been recorded, all requirements will be met. Mr. Fisher noted House Bill 578 (Highway Legislation), as proposed, seems to set aside funds for administrative costs and thereafter allocates funds for highway projects. He asked the effect of this on the present system for primary and secondary funds. Mr. Rooseve!~ was not aware of the bill but felt it applied to funds Ieft after matching interstate funds and did not feel the overall highway funding would be affected. The percentage allocated for each system appears to be the major change. For example, allocations for the secondary system would decrease from 33% to 25%. Mr. Roudabush was opposed to the secondary system being cut 8% for funding. Mr. Roosevelt noted the current statute states that the representatives of the Highway Department should meet once a year with the Board to receive their recommendations for improvements and he recommended that a six-year plan be presented to the Board for their information. Mr. Roudabush noted a bill being proposed requires the Board to adopt a six-year plan. Agenda Item No. ~. Cable T.V. Mr. Agnor said he was requested to contact localities in the State regarding their experience with Cable television franchises. He had heard many ~as tha~there are complexi~ to the FCC regulations governing the business. Each locality seemed to have their own characteristics and pecularities on what was to be achieved from a cable system and franchise With this added to the highly technical subject matter, the compliation of a staff report by a layman is difficult. For these reasons, Mr. Agnor invited a consultant from the Virginia Public Telecommunications Council, Mr. Carl L. Ep!ey, to attend today's meeting since he is involved with the State agency that is charged with the responsibility of assisting localitie with franchise questions. Mr. Fisher summarized the Board's previous discussions on this matter and noted that no February 9, 1977 (Regular-All Day Meetin~ the present time is the proper time to get involved in franchises. Mr. Fisher said interest has been expressed by suburban residents in Cable TV service and the local company in Charlot is willing to make capital investments for expansion only if they are protected. Mr. Epley said t~he H~de~a't Communications Corporation allows a higher use with more companies but he f~ the size of a unit w~utd have to be economically viable because there must be a~return on invested capital. Mr. Fisher said one company asked about nonexclusive franchise areas. Mr. Epley could not visualize how such a franchise could work since the cable TV company is not a utility. Discussion then followed on the transmission of signals. Mr. Epley said some cable companies in the State have gotten together and set up a receiver station and are microwaved throughout the State. He said something will have to be done one day about cable television because of population growth and demand for services. Mr. Henley asked if the locality would be required to regulate the service or the State. Mr. Epley said more than likely it would have to be the locality. Mr. Henley did not feel the County should take it over and felt free enterprise should do it. Mr. Roudabush agreed. Dr. Iache,tta noted complaints received from one section of the County which is served by a cable company. Mr. Roudabush did not feel that is the county's responsibility. Mr. Epley said drafting an ordinance should be simple because the FCC governs the technical aspects. Such an ordinance would be an aid to the citizens in seeing that all standards are met. Mr. Roudabush said interested companies are discouraged from offering this service because they are provided no protection for the present ~r~_the future. ~' . ~- Mr. Eptey suggested a consultant be retained to study the needs of the County. Mrs. David agreed as did Mr. Dorrier and Dr. Iachetta who felt the consultant shoul6 limit the study to the immediate urbanized areas. Mr. Agnor said the local cable company is relumtant to make any investments while the question of franchising is being studied. He said when the matter was introduced four years ago, it was with the understanding that cable franchises could be revenue producing. Mr. Epley said it has not been for other localities. Mr. Henley said he could visualize fun~±~g and his district would be upset° Mr. Agnor felt the question is whether the demand is sufficient enough to warrant a study for later years. Discussion followed on franchises being established and the educational television concept. Mr. Eptey said the FCC requires a channel for educational purposes if there are more than ~,000 subscribers. Mr. Henley did not feel the County would benefit from this unless wires could be run to each school. Mr. Fisher felt the County would be in a difficult position if ~othing is done but he was unwilling to spend large sums of money on the study. He.said there are three alternatives: t) no action unless the need is shown; 2) proceed and try to establish an ordinance; ar 3) hire a consultant, if needed. Mr. Agnor said his recommendation is to hire a consultant if the Board feels there a~e~a~yp~rb~ems~and more answers~are needed. Mr. Henley felt a lot of time has already been spent on the matter and felt the FCC should be told that at this time the County does not see a need to pass an ordinance to franchise cable t.v. ~Mr. Epley said the scope of the matter is important for the density of the County now and in the future. He felt a consultant could answer~questions about the County's needs. Mr. Dorrier then offered motion to hire a consultant to determine the need for a cable t.v. franchise for th~ntire County. Mrs. David seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Iachetta and Roudabush. Mr. Henley. The Board recessed for lunch at 12:37 P.M. and reconvened at 1:37 P.M. Agenda Item No. 7. Vivian Gordon, Report from Monticello Area Community Action Agency. Motion was offered by Mr. Dorrier, as requested by Mrs. Vivian Gordon, chairman of Monticello Area Community Action Agency Board of Directors, to appoint Ms. Li!leleth Meadows as alternate for Mrs. Gordon. Dr. Iachetta seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, !achetta and Roudabush. None. Mr. Ken Ackerman, Executive Director of the Board of the Monticello Area Community Action Agency introduced Ms. Rosa Hudson, Outreach Worker for the Agency. Ms. Hudson noted several situations which had improved with the help of MACAA; helping a family get a deed to their land; caring for a senior~citizen during the day so the family could work; assist, a family with an emergency fuel program; and enrolling a child in a summer youth employment program to help the family. Mr. Ackerman said an important concept to remember is that the agency does not provide financial assistance to families but t~ies to help them overcome problems. He mentioned several programs of the agency and noted a winterizatio program which is a national program and a receiver of a subcontract from the Virginia Association of Community Action. Since the local agency does not have the staff to do the repairs, the funding is given to the Albemarle Housing Improvement Program so they can do the work. Agenda Item No. 4. Discussion: Comprehensive Fire Hydrant System. Mr. J. Harvey Bailey, County Engineer, distributed to the Board copies of a report entitled "Comprehensive Fire Hydrant System for the County of A!bemarte, Virginia." The criteria used in determining the sufficiency of fire flows and capabilities were derived from the standards set forth by the National Fire Protection Association. Mr. Bailey said several situations exist that should have ~a high priority treatment where volume of water is dependent upon the pump stati~on' which does not not have the capacity sought. About eight years ago, the County entered a short term lease with the City to supply certain areas from the Camelot pump station. Due to the growth that has occurred, he felt the risk has increase enough to warrant ~ettin~ rid of the pumo station and getting something better. This system ~esville It February 9, 1977 (Regular--All Day Meeting) Mountain and one on Stillhouse Mountain were designed for use as high pressure, systems, but only a very small portion of these two are used for high pressure systems. ~he Albemarle countY .Service Authority and the Rivanna Water and Sewer Authority have been informed of this. Discussion then followed on the area of Canterbury Hills, Hessian Hills and Old Salem in terms~of,.p~oviding water to these high density areas. Mr. Bailey noted that the lines were sized on the projected needs of the area when development occurred. Dr. Iachetta was concerned that the fire flow requirement would differ from prestanding existing structures when lower types~of zoning are allowed. Mr. Bailey felt enough water could be generated for fire protection. Dr. Iachetta asked about iHoltymead School since the report indicates the fire protection is inadequate for the school and the area. Mr.~Bailey felt the situation would improve as growth continued because it seems theteight inch line will loop back to the line coming down Proffit Road to Jefferson Village. More than likely another eight inch line will be installed to the ~outh in years to come. The line is now being supplied by the South Rivanna and should be supplied by the North Rivanna which will increase the supply. Mr. Fisher asked if funding was included in the County Engineer's budget or some other place to implement the recommendations contained within the report. Mr. Bailey said to this date,' the BOard has made no decision on funding. The Albemarle County Service Authority and the Rivanna Water and Sewer Authority are wit!in'g to assume some responsibi-!ity for funding, but the Albemarle Service Authority wants some assistance on the maintenance of the hydrants' An estimated figure for the hydrants is $12,000.00. As for installation of new fire hydrants~ the developer must assume the~costs wherever new construction occurs. As for filling in gaps, the County has to bear some of the costs, if not all of the costs. Dr. Iachetta said the report indicates there are a total of 81 hydrants needed and these would cost approximately $81,000. Mri~T Bailey said priorities would have to be set. Discussi then fo!lowed on the Westmoreland subdivision in terms of~fire hydrants needed. Mr. Bailey said another feed line needs to be introduced into the system to get results for the nine hydrants proposed. Mr. Bailey then discussed the relative values and premium rates contained in the report. The data was obtained from the Fire Marshal and the State Association in Richmond. Dr. Iachetta questioned the FOur Seasons system and said he has been informed by the volunteer~ fire cmmpanies that the current plan.is to use the swimming pool and the lake for fire p~o~tection purposes. Mr. Bailey said when the high pressure system is installed, the flow would increase about three times and the system would then function as designed. Mr. Fisher requested the report be distributed to members of the Rivanna Water and Sewer Authority Board and the Albemarle County Service Authority as well as the Town of Scottsville since some of the recommendations involve them. Mr. Agnor said priorities need to be established in accordance with~funds availa~!e and such priorities b~o~gh~to the Board for their consideration. At this time, Dr. Iachetta commended the staff and Mr. Bailey on the excellent report. Agenda Item No. 9. 'Lottery Permit. Motion was offered by Dr. Iachetta to approve the lottery permit for the Inter-Sorority Council for the calendar year 1977 in accordance with the rules and regulations set forth by the Board. Mrs. David seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, iachetta and Roudabush. None. Agenda Item No. 8. Discussion of sewer line extension policy. This matter was deferred from the January 12 meeting so the staff could review the feasibility study made by the Service Authority to determine if the assumptions made were valid. Mr. Fisher said opposition has been expressed to mandatory connections to public sewer lines by some potential customers and he felt the requirements imposed in the policy (SEE MINUTE BOOK 15, PAGES 029-031) will cause a great deal of ill will. Mr. Myron Tremain, Chairman of the Albemarle County Service Authority' Board, was present. He realized a great deal of public relation problems will stem from such a policy but if sewer lines are to be provided, the Service Authority has to have some way to pay for the construction of the lines. 'Mr. Agnor said state health and water officials informed him that localities with a mandatory hookon policy have never enforced.their policy. Mr. Agnor felt each individual project should be considered without any type of mandatory action. However, he favored establishment of a poticy, use it where economically feaSible,~ but make it an incentive program. With such a program, those without existing problems could hook up for a certain fee in a certain given time. The only mandatory connection he would recommend would be a change in an existing building's discharge system which would require immediate connection. Dr. Iachetta discussed areas in his district With sewer problems. He felt problem areas should be dealt with first and he would not support a countywide mandatory hookon requirement. Mr, Tremain felt all customers should be treated the same. Mrs. David did not feel a policy could be endorsed at this time due to lack of solid information on the number of peoPle with septic system problems. Mr. Dorrier said he had received letters in opposition to a mandatory hook up to the public system. Mr. Roudabush preferred the incentive program and .felt new construction should be required to hook on when sewerage facilities are available. Mr. Henley felt some of the responsibility should be with the HeaIth Department. With no further recommendations, the discussion conclUded. Agenda Item No. 9. Lottery Permit. Motion was~ offered by Mr. Roudabush to approve a Lottery Permit for the White Hall Ruritan Club in accordance with the rules and regulations set forth by the' Board for the calendar year 1977. Dr. Iachetta seconded the motion and same carried by the following r~ecorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. 083 February 9, 1976 (Ail Day Meetin~ Mr. Agnor said the Virginia Division of Forestry was en~aged in June, 1976, by the County Engineer and the City Director of Public Works to inspect the timber at the Ivy Landfill. A timber management plan for use in the operation and management of the landfill was also to be prepared. The examination revealed an overmature stand of pine trees in a forty-acre area in which the growth had stagnated. The timber was also heavily infested with Southern Pine beetles. The plan prepared bY the Division recommended three things: 1) Harvesting all merchantable timber in this area; 2) Prescribe burn and plant lob!o!ly p'in~ during the first planting season following burn (726 seedlings per acre); and 3) Complete the harvesting and planting by June 30, 1978. A contract was drawn binding the City and County to follow the plan. Mr. Agnor then recommended three actions be taken by the Board: !) Acceptance of the plan and authorization for the County Executive to execute the plan; 2) Acceptance of a bid from Westvaco for harvesting the timber for a value of $7,500.00; and 3) Authorization for the proceeds of the timber sale to be used for reforestation (estimated to be $1,500] and the remaining balance to be deposited to the Landfill Capital Improvement Account. Mr. Agnor said the City has accepted and signed the Plan from the Division of Forestry and are prepared to accept the bid. Mr. Henley suPported the recommendations of the County Executive. ~,~Iachetta then offered motion to approve the three recommendations of the County Executive as set out above. Mrs. David seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, HeNley, Iachetta and Roudabush. None. Agenda Item No. il. Discussion: Coat of Arms for Albemarle County. This matter was deferred from January 12, 1977, in order for Mr. Edward O. McCue, III, member of the Historical Society, who submitted the request, to be present. Mr. McCue asked the feelings of the Board on the'proposal and if they wanted the feasibility of the matter studied. Mr. Fisher said the Board expressed some interest at the January meeting along with some uncertainities about spending public funds on a coat of arms for the County. Mr. Fisher could see no benefit since there is alraady an official county seal. Mr. Dorrier asked if the Society was willing to fund the project. Mr. McCue was unsure but would approach them on the matter. Discussion then followed on the use of the coat of arms and the official county seal. Mr. Roudabush did not have any enthusiasm for adopting a ~coat of arms; however, he had no objections if other agencies of the County wanted something else to use as a county seal. Mr. Dorrier then offered motion to encourage the Historical Society, at their expense, to generate a coat of arms for the County and to bring back any recommendations to the Board. Wi~hi?no second, the motion died. Mr. Roudabush did not feel it was appropriate for such action until the Society states their consensus on the matter. Mr. McCue felt it was a responsibility of the citizens instead of the society. M~F~r?f~th~S~ci~ty should respond to the Board on what isfforeseen and its adoption for suah, before any further action by the Board. The other Board~i?m~emh~s concurred. Agenda I-tem No. 12. Karen Morris, Discussion: ~Social Service Financial~Report. Ms. Karen Morris, Director of Social Services, was present to discuss the concern expressed by the Board about Federal and State disbursements decreasing and the local share remaining steady. She explained the reasons for the decreases. The largest contributor to the decrease is Aid to Dependent Children Program. In the past fiscal year, there has been a significantly larger case load in terms of cases. This year the case load has decreased as well as the average payment. Ms. Morris then explained the amount of expenditure~ in 1975 compared to 1976. Ms. Morris said more clients are finding jobs as well as their dependents; therefore, Aid to Dependent Children has decreased. The State will be taking over check writing Of the ADC Program in March. The only money to be spent locally will be for~ emergency cases and this w~Zii!~result in a decrease of $75,000 or $80,000 per month for~reimbursement. Agenda Item No. 13. Appointment: Rural Transportation Advisory Group. Mr. Fisher introduced Mr. James R. Skove, nominee for~the Rural Transportation Advisory Group, to the Board. He briefed Mr. Skove on the reasons for establishing a Rural Transportation Advisory Group emphasizing ~he problems which had occurred in Greene County. (SEE.MINgTE B©©K 15, PA~'55). ~?Skove said he worked as a volunteer with JAUNT and was aware of some of the problems. Mrs. David then offered motion to appoint Mr. James R. Skove, as representative for the County to the Rural Transportation Advisory Group. 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. Agenda Item No. 18. Discussion: Industrial Bonding Authority members. Mrs. Norma J. Diehl and Messrs. Donald A. Holden,' Frank W. McCulloch and William D. White, members of the Authority were present. Mr. Fisher reviewed the formation of the Authority, citing citizen input received for and against the Authority. He felt problems with wa~er, .'sewer, debts and roads would outweigh~the benefit to the County of industries expanding. Mr. Henley said the goals set out in the committee report were good. Mr. Roudabush felt the Authority would be an asset for the expansion of existing local businesses~ and favored corporate type headquarters in the County. Light manufacturing was favored by Dr. Iachetta~and he supports an operation similar to State Farm. Mr. Dorrier said the Scottsville area needs industry to make it a more viable community. Mr. Fisher said the first step of the Authority is to organize, elect officers and compose by-laws to be adopted by the Authority and the Board. Mr. Donald Holden, ~ember of the Authority, said the Board would be consulted for policies and the Chamber of Commerce, for customers. Mr. Dorrier felt the Authority should work closely with the Chamber and the Economic Development Commission. Mr. Holden said some expense money will be needed by the Authority to get operations started and requested that a County employee be designated for clerical help February 9, 1977 (Re~ular--All Day Meeting) He then requested the Authority to keep the Board apprised of its problems and success. Agenda Item No. 14. Report of the Department of Social Services for the month of December, 1976, was received pursuant to Virginia Code Section 63.1-52. Agenda Item No. 15. Statements of Expenses for the Director of Finance, Commonwealth's Attorney and Sheriff's Department for the month of January, 1977, was received. Motion was offered by Dr. Ia~hetta, seconded by Mr. Dorrier to approve the statements as presented. Roll was called and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 16. Statement of expenses for the Regional Jail for the month of January, 1977, was received. Upon motion by Mr. Henley, seconded by Dr. Iachetta, the statement was approved as presented. Roll was called on the foregoing motion and same carriec by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fishe~, Henley, Iachetta and'Roudabush. NAYS: NQne. Agenda Item No. 17. Statement of expenses incurred in the maintenance and operation of the Regional Jail for the month of January, 1977, along with summary statement of prisoner days, statement of jail physician and Statement of salaries for the paramedics and classification officer, were received. On motion by Mr. Henley, seconded by Mr. Dorrier, these statements were approved as read. The motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Not Docketed. Mr. Henley offered motion to appoint Mr. Joe W. Barbour, to the Jefferson Area Board on Aging, to replace Mr. Joe C. Barbour, with said term to expire on March 31, 197! Mr. Roudabush seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Mr. Fisher expressed his concern about the request received from the Jail Board for an additional appropriation which was presented and approved by the Board on January 12, 1977; the County's share being $30,824.00 for the Fiscal Year 196-77. (SEE MINUTE BOOK 15, PAGE 31.) Mr. Fisher was concerned about the reaction of the City when they were requested to apprppriate their share which was $61,649.00. Mr. Agnor noted a ~great deal of discussion from the City about this matter. The City could not decide whether this request was to offset a cash flow problem or needed to balance the budget~ However, City Council agreed to appropriate an amount which they felt was sufficient to carry the operation through June and said they would review the budget further at the end of March. Agenda Item No. 10. Appropriation: Monticello Guard. Mr. Roudabush discussed using the remaining funds of the Bicentennial coin sale for the purchase of the uniforms for the Monticello Guard with Mr. Charlie Long of the~ Bicentennial Commission. Mr. Long felt the Commission would be willing to use these funds since it was a visual and practical use for them. Mr. Roudabush then offered motion to contact Mr. Long and ask the Commission to consider funding of the Monticello Guard Uniforms with monies left from the coin sale. Dr. Iachetta seconded the motion and same carried by the ~ollowing recorded vote: AYES: NAYS: Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta and Roudabush. None. Not Docketed. Mr. Fisher noted receipt of correspondence from the Department of Interior requesting the Board and Planning Commission to review and comment on a report prepared for park planners concerning the management of the Shenandoah National Park. The report will be used during the preparation of the general management plan. He asked Mr. Henley to review the matter. Mr, ~Fisher noted receipt of the Governor's Emergency Executive Order Number 2 on the energy crisis which is on file in the Clerk's Office. He then noted receipt of a letter from the Office of Emergency Services concerning damage to public and private property caused by the severe winter which could warrant the declara6ion by the President of the area being a major disaster area. Mr. Agnor did not feel there was any need to declare Albemarle County a major disaster area. Mr. Fisher then read the following letter into the record concerning the Mink Creek Dam project: "MEMO TO: Messrs. Rober't W. Tucker, Jr. and Ronald Kee!er FROM: J. Benjamin Dick, Zoning AdminiStratOr SUBJECT: Mink .Creek Dam Project DATE: February 9, 1977 The Zoning Administrator and Inspector, Robert Mowry, attended a pre- February 9, 1977 (Re~ular--All Day Meeting) We viewed the site and spoke with the Mayor of Scottsville, Mr. Thacker; Mr. 'Mahoney, Project Manager; and also with the Engineers and Contractors. It is our conclusion that this project is being designed and implemented as a needed flood control device. Recreational or water supply uses are not in the plans presently. The A-1 zone has no specific provision to address location of a dam or levy for flood control. A zoning text amendment therefore, recommended. A s0il erosion control plan will be submitted and processed ~S well as a grading permit issued for clearing and other land disturbing activity. The contractor has contracted to fulfill that -obligation. Mr. Fred Payne indicated that depending on the present use, this project may have to be reviewed by the Planning Commission pursuant to a state statute." Mr. Dorrier said a contract in the amount of $234,000 has been signed for the Mink reek Dam Project. The project will take a year to complete and the contractor would like to begin work in the next four to six weeks. The County's ordinance does not have a provision for the location of a dam or levy for flood control in the A-1 zone; therefore, Mr. Dick has recommended amending the A-1 zone to allow for dam or flood control devices. The Town of Scottsville hopes the projec2 will allow a pipe to be installed to go through the town to provide more hydrants. Mr. St. John said the statute says any governing body can build a dam for these purposes, flood control and public water supply, but if it is built in a county outside of the town, governmental approval is required. He agreed that the zoning ordinance should be changed to allow this project. Mr. Roudabush then offered motion to adopt the following resolution of intent: BE IT RESOLVED that the Board of County Supervisors of Albemarle 'County, Virginia, intends to amend the Albemarle County Zoning Ordinance to permit flood control structures and devices in the A-1 zone by special permit; and FURTHER, requests the Planning Commission to hold public hearing on said proposals to amend the County Zoning Ordinance and report back to this Board at the earliest possible date. Dr. Iachetta seconded the foregoing motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Mr. Agnor then read~hhef~l!ow22g';lett.~r dated February 8, 1977, into the record: "As requested in resolutions by your Board on August 4, 1976, and January 12, 1977, the following additions to the Secondary System of Albemarle County are hereby approved, effective February' !, 1977 and February 8, 1977. ADDITIONS LENGTH W00DBROOK SUBDIVISION (EFFECTIVE FEBRUARY 1, 1977) Brookmere Court: From Brookmere Road northwesterly to end of Brookmere Court. Brookmere Road: From Route 1418 to Route 1415. Westbrook Place: From Brookmere Rod to end of cul-de-sac. Eastbrook Drive: From Route 1414 to Route i415. 0.03 Mi. 0.19 Mi. 0.08 Mi. 0.28 Mi. Totier Creek Park Road (Effective February 8, 1977) - From Route 726 to turn around. 0.57 Mi." Dr. Iachetta sa±d he had requested Senator Harry Michael to discuss with the Highway Safety Commission the grant for the driver education range at Western Albemarle High School which was denied. Senator Michael discussed this grant with Mr. John Hanna, Director of ~h~iHighway Safety Commission and the Commission is still noncomittal. Dr. Iachetta said he will pursue the matter further W~th the local highway safety commission. Dr. Iachetta also noted as information, a bill before the Senate Finance Committee of giving local governments an option of rebating ~taxes or giving concessions for persons ~utting a solar collector on their house. Discussion then followed on Mr. Coffman's request from the beginning of the meeting. ~r. St. John said the same allegations and correspondence to vacate the Superintendent's office were presented to the SchoOl Board. The School Board refused to declare the office vacated. Mr. Coffman requested that the School Board obtain an Attorney General's opinion. This was done and three were received, citing essentially "that the ownership of stock and acting as a director of a corporation unless you are engaged and work for it does not constitute engaging in business, particularly with a School Superintendent." He then took his request to the State Board of Education. They formally heard the request and refused to override the ruling of the 2ocatilSchool Board since they did not feel the request had any merits to declare the office of Superintendent vacant. A petition by Mr. Coffman stating that the School Board and the State Board of Education were in error was then filed in Judge Berry's Court. The Judge said.the matter was in the exclusive jurisdiction of the State. and local school boards. Of course, the St. ate can ~verrule the local Board in this case but the two had agreed not to take any action. The latest opinion, 1973, was shown to the Judge and he felt the opinion clearly indicates that Mr. McC!ure's interest February 9, 1977 (Regular Ail Day Meeting) in the BMC Corporation.does not constitute engaging in business, Mr. Coffman then requested that the Judge obtain an opinion from the Attorney General, but the Judge refused. Mr. Coffman is now requesting that the Board of Supervisors determine if the Judge and school boards are in error. Mr. St. John said the only jurisdiction the Board of Supervisors has in the matter is to replace the school board. Mr. Coffman was informed by the Judge that he could appeal the decision to the Supreme Court but such action has not been taken to date. Mr. St. John did not feel the Board had any jurisdiction in this matter to obtain an opinion to declare either the local or state board of education in error since the law states that the State Board of Education and the local school board are the only ones with authority to declare such an office vacant. Motion was then offered by Mr. Henley to authorize the Chairman to sign a letter drafted by Mr. St. John to Mr. Coffman stating that the Board of Supervisors has no jurisdiction in the matter. Mrs. David seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Mr. Roudabush said the Worley water system on Route 649 has been investigated by the Health Department due to the many, compl:aints received. The Health Department has informed Mr. Wor!ey that his system either be upgraded to comply with the needs or to get ~U~ of the water system business. For information, Mr. Agnor noted the Betz report will arrive February 10, 1977. At 6:05 P.M., the meeting adjourned. : -CHAiRM~M~