1977-06-15NJune 15, 1977 (Regular Night Meeting)
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held
on June 15, 1977, beginning at 7:30 P.M. in the Albemarle County Courthouse, Charlottesville,
Virginia.
Present: Mrs. Opal D. David and Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher,
J. T. Henley, Jr., F. Anthony Iachetta and William S. Roudabush.
Absent: None.
Officers present: County Executive, Guy B. Agnor, Jr.; County Attorney, George R.
St. John; and Senior Planner, Mary Joy Scala.
Agenda Item No. 1. The meeting was called to order by the Chairman, Mr. Fisher, who
noted for the record that application for ZMA-77-02, David Breeden, had been withdrawn
without prejudice before the Planning Commission on June 7, 1977.
Agenda Item No. 2. SP-77-07. Joel & Nancy Schneider. (Deferred from June 1, 1977.)
Mr. Fisher said this matter was deferred because the applicant was not present on June 1
~nd it has been the policy of the Board to encourage the applicant to be present when action~
is taken. The public hearing was held on June 1.
The applicants were not present this [~night even though he had been notified on June
of this deferral. Mr. Fisher noted that this application had come to the Board with a
recommendation for denial from both the Planning Staff and the Planning Commission; also the
public. Motion was then offered by Mrs. David, seconded by Dr. Iachetta, to deny request
for SP-77-07. The motion carried by the following recorded vote:
AYES:
NAYS:
Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush.
None.
Agenda Item No. 3.
not present.
Discussion with John Dezio, Commonwealth's Attorney.
Mr. Dezio was
Agenda Item No. 4. Application for a central well system:
Mr. Agnor noted receipt of the following request:
Forest Lodge Water Company.
"3 May 1977
The Board of Supervisors
Albemarle County, Virginia
County Office Building
Charlottesville, Virginia
22901
Re: Forest Lodge Water Company, Inc.
Dear Mrs. David and Gentlemen:
I am writing on behalf of the Forest Lodge Water Company, Inc. to request
the Board's approval for the corporation to operate and maintain a central
well system and water delivery system to serve Oakhill Subdivision, South-
wood Mobile Home Estates and the proposed Whittington Planned Community.
The Forest Lodge Water Company, Inc. has been incorporated as a public
service corporation with the State Corporation Commission and is in the
process of applying for a Certificate of Public Convenience to operate
the water system in the areas previously mentioned. It is anticipated
that approximately 525 customers will be served from the network of
wells and mains comprising the water system.
I would appreciate it if this request could be considered at your
earliest possible convenience and hope that you will call upon me for
answers to any questions you might have.
FOREST LODGE WATER COMPANY, INC.
By: (Signed) Sue B. Minor, Agent"
Mr. Agnor then noted receipt of the following memorandum from the County Engineer's
Office:
Date: June 15, 1977
To: Estelle Neher
From: J. Ashley Williams
Subject: Forest Lodge Well Water System
Pursuant to your request by memo of May 4, 1977, I have the test results
of the three wells (wells number 5, 6 and 7) that are proposed by the
Forest Lodge Water Company to serve Oak Hill Subdivision, Southwood
Mo. bile Home Estates and the Whittington RPN. These tests were all made
in 1972 and not monitored by anyone from this department. However, the
data of the tests is satisfactory for wells number 5 and 6 since they
were tested for the required 72 hours and have been capped and not used
since the test. The testing of Well number 7, on the ot. her hand, was
for only 48 hours and this well is being used to supply water to South-
wood. I have given the capacity-of well number 7 a value of 2/3 that
June 15, 1977 (RegUlar Night Meeting)
of the test results at the end of 48 hours since it was only tested
for 2/3 of the required testing time. I do feE1, however, the applicant
by conducting another test for 72 hours may show the capacity to be
higher than that I am giving it.
The well capacities are as follows:
Well number 5 - 103 g.p.m.
Well number 6 - 34 g,p~.m.
Well number 7 - 113 g.p.m.
~ Total 250 g.p.m.
This capacity of 250 g.p.m, is equivalent to 500 connections or dwelling
units. The existing number of connections or trailer sites and lots in
Southwood and Oak Hill and the Forest Lodge Subdivision as best as I
could determine are as follows:
Trailer lots in Southwood ~ 3/4 of a connection
Lots in Oak Hill Subdivision
Lots in Forest Lodge Subdivision
Total
= 279
= 85
= 8
372 connections
This leaves approximately 128 connections or dwelling unts that can be
served by these wells. More information is. needed on the exact number
of lots that can be served in Oak Hill and Southwood before any final
number of connections can be recommended. Also, as previously noted,
the applicant may wish to conduct a full 72 hours test on well number 7
to show a higher capacity than was given it in this report."
Mr. Agnor recommended that the Board not act on this request tonight. Although the
test procedures adopted by the Board set no specific time limits for the testinglof wells,
he would not recommend certification of capacities derived five years ago. Also, the new
testing procedures require that either the County Engineer Or a member of his staff monitor
the tests. Mr. Agnor said for these reasons, he would recommend that.the wells be tested
under the supervision of the County Engineer, and the Board take no action this date.
Motion to accept the recommendation of the County Executive was offered by Mr. Dorrier,
seconded by Dr. Iachetta, and carried by the following recorded vote:
AYES:
NAYS:
Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and R~udabush.
None.
Agenda Item No. 5. SP-77-23. Berkmar Associates, Ltd. To locate an accessory living
accommondation on 2.55 acres zoned B-1. Property on the east side of Berkmar Drive behind
Charlottesville Hardware. County Tax Map 61, Parcel !2lA, Charlottesville District.
(Advertised in the Daily Progress on June 1 and June 8, 1977.)
Mrs. Scala said on April 5, 1977, the Planning Commission approved a revised site plan
for mini-warehouses on this site. Charlottesville Hardware is adjacent to the northeast.
Other properties along Berkmar Drive are zoned B-1. The applicant is requesting an accessory
living accommodation to house a caretaker/night watchman.
On June 7, 1977, by a 4/3 vote, the Planning Commission recommended approval with the
following conditions:
Approval of appropriate state and local agencies.
Staff approval of site plan revision.
The mobile home may remain no longer than 18 months from the date of
issuance of this permit unless con'struction of a permanent residence
shall have commenced and is thereafter prosecuted in good faith. In
any event, the mobile home shall be removed not later than three years
from the date of the issuance of this permit.
Mrs. Scala said the Planning Commission had discussed the fact that the applicant had
been issued a temporary mobile home permit. The Commission did not think they had intended
that mobile homes would be used as an accessory dwelling unit. The Zoning Administrator was
present at thePPlanning Commission meeting and said he had interpreted the ordinance to say
issuance of such a permit is permissible.
Mr. Steve Melton was present to represent Berkmar. He said the mobile home is needed
until a permanent residence is built for the night watchman. Phase I of the building has
been constructed. The mobile home will be behind that building and when Phase II is construc.
the mobile home will be moved back. When Phase II is completed, a permanent residence will
be constructed. A night watchman will be on on duty 24 hours a day.
At this time, the public hearing was opened. With no one rising to speak, the public
hearing was closed. Dr. Iachetta said he did not think the original idea of an accessory
dwelling in B-1 meant either a mobile home or that the dwelling would be freestanding. Mrs.
David said she felt this was a reasonable request when getting a commercial complex started;
this being similar to a construction trailer. Mr. Henley also felt it was a reasonable
request.
Dr. Iachetta said it should only be allowed for as long as construction is taking place
or a maximum of 18 months. He said he had seen~the trailer and felt it was incongruous with
the remaining buildings. Mr. Roudabush said he also had seen the trailer and assumed it was
chosen because it can be moved back as construction progresses. One of the purposes of an
accessory dwelling unit was to provide security on the premises at night and he did not
object to its placement as long as construction is taking place.
ed,
June 15, 1977 (Regular Night Meeting)
Motion was then offered by Dr. Iachetta to approve SP-77-23 with conditions #1 and #2
as recommended by the Planning Commission, but changing Condition #3 to read:
"The mobile home may remain no longer than 18 months from issuance of this permit."
The motion was seconded by Mrs. David and carried by the recorded vote which follows:
AYES:
NAYS:
Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush.
None.
Agenda Item No. 6. SP-77-24. Earl Beach. To add a two-bay garage onto an existing
nonconforming grocery store located on 0.46 acre zoned A-1. Property on northeast side of
Route 620 at "620 Market". County Tax Map 104, Parcel 14(5A). Scottsville District.
(Advertised in the Daily Progress on June 1 and June 8, 1977.)
Mrs. Scala noted that on June 14, 1977, by unanimous vote, the Planning Commission had
accepted the applicant's request for withdrawal of this permit without prejudice.
Agenda Item No. 7. SP-77-25. James River Supply, Inc. & Carter Agency, Inc. To
locate a wholesale warehouse on 9.1 acres zoned M-1. Property located off 5th Street north
of 1-64 along Moore's Creek. County Tax Map 76M(1), Parcel 4A, Scottsvitle District.
(Advertised in the Daily Progress on June 1 and June 8, 1977.)
Mrs. Scala read the staff's report:
"Character of the Area
This site was formerly used by O'Neill Enterprises for the construction of
pre-cast concrete building sections. The property is bordered by a creek'
and 1-64 on the south. Willoughby Planned Community surrounds the site on
the other sides with open space and community activity proposed.
Staff Comment
There are about 20 tractor trailers, some apparently not operational, parked
randomly on the site; staff is concerned about fire lane access. Other
abandoned equipment and trash and debris exists on the site. A mobile
home is located on the site. The entrance road and parking area are in
disrepair. An extensive section of curbing on the southern border adjacent
to the creek has collapsed and is not functional, resulting in soil erosion
problems. The Zoning Administrator has requested soil erosion measures and
the applicant has attempted to stabilize the bank with trash and debris
which is not acceptable. This trash is clearly visible from 1-64, and Route
742 (Avon Street Extended) in winter months, and will likely move downhill
to the creek over a period of time.
Because of these outstanding problems, staff is reluctant to recommend
approval of this petition, however, since the applicant has moved in and
is operational, staff recommends approval with the following conditions:
m
Soil erosion plan submitted within 30 days of Board of Supervisors
approval and stabilization of eroding areas along the creek and
entrance road within 60 days of Board of Supervisors approval.
Reconstruction of curbing and drop inlets along the creek within
six months of Board of Supervisors approval. Plans for curbing
to be submitted as a part of soil erosion plan. Temporary berming
or other substitute for curbing as approved by Soil Erosion Committee
to be complete within 60 days of Board of Supervisors approval.
Trash and debris, inoperable trucks and trailers, abandoned equipment
to be removed from site and disposed of properly. This is to be
accomplished to the reasonable satisfaction of the Zoning Administrator
within 30 days of approval by the Board of Supervisors, however, such
trash and debris which in the opinion of the Zoning Administrator is
functionally stabilizing eroded banks may remain no longer than 60 days.
Fire Marshal approval to include emergency access.
In the event of willful noncompliance with any of the conditions
stated herein, the Zoning Administrator shall refer this petition to
the Planning Commission and Board of Supervisors for further
consideration."
Mrs. Scala said the Planning Commission, on June 7, by unanimous vote, recommends
approval of SP-77-25, with the following conditions:
Soil erosion plan, including provision of surface water drainage control
measures, submitted within 30 days of Board of Supervisors approval and
stabilization of eroding areas along the creek and entrance road within
60 days of Board of Supervisors approval.
Inoperable trucks and trailers, abandoned equipment to be removed from
site and disposed of properly within 90 days of approval by the Board
of Supervisors. Such trash and debris which in the opinion of the
Zoning Administrator is functionally stabilizing eroded banks may remain
no longer than one year. This is to be accomplished to the reasonable
satisfaction of the Fire Marshal and Zoning Administrator.
Fire Marshal approval to include emergency access. Removal of trash
and debris to the reasonable satisfaction of the Fire Marshal and
Zoning Administrator Within 30 days of Board of Supervisors approval.
June 15, 1977 (Regular Night Meeting)
~ ~r.-~Fisher said from the correspondence included in ~he packet, it seems there has been
a great deal of controversy surrounding the condition of this property for a long time. He
asked if the conditions recommended should be met prior to approval of this permit. Mrs.
Scala said she understands that Mr. Carter has been working with the Zoning Administrator on
the problems, but at the time the Planning Commission acted on this petition, they imposed
the conditions because they were unsure of the amount of work completed.
Mr. Bob Blodinger was present to represent the applicant. He said this land was
originally a part of the Willoughby tract and owned by O'Neill Enterprises which went
bankrupct. Prior to the bankruptcy, this tract was zoned M-1 and obtained a special permit
for construction of pre-cast concrete homes and buildings. It was a messy operation. Mr.
Carter was told he could have a warehousing operation with the zoning on the property and
bought same at an auction sale. He immediately started his operations on the property. He
knew there were some erosion problems. Some of the banks were made up of trash which was
purposely compacted to prevent erosion. In March of this year, complaints were made about
the erosion problems. On May 4th, a letter was received from Mr. J. Gordon Yager, District
Conservationist, U.S.D.A., setting forth things to do to solve the erosion problems. This
letter was followed by a letter from Mr. J. Benjamin Dick, Zoning Administrator, dated May 5t
saying that the trash and refuse placed over the bank was acceptable if followed with proper
earth compact±ng, sloping and fill, planting, seeding, fertilizing and suitable root systems.
Then, a member of the Planning Staff (Mr~ Keeler) suggested to the Planning Commission that
five conditions be placed on the permit, of which the Planning Commission agreed to three of
the conditions. Mr. Blodinger said he objects to the staff's report stating that a mobile
home is located on the site, since mobile homes can be sold in the M-1 zone without a permit.
The staff report also says there are many tractor trailers on the site, and it is permissible
to sell these in the M-1 zone. The point in giving this history is that the soil erosion
problem has nothing to do with the use to which Mr. Carter is putting the property. The
problem existed when he bought the property. Mr. Carter feels he should be allowed this
permit and should be allowed to solve the soil erosion problem to the satisfaction of Mr.
Dick and Mr. Yager. To attach these conditions to the permit will merely place a financial
burden on him in order to meet certain dates.
Mr. Carter said he was requested to submit a soil erosion plan within 30 days. The
plan he intends to follow is that one set out in Mr. Yager's letter. The Fire Marshal had
complained about putting trash on the banks to stabilize same and he had covered the trash
with ten loads of dirt. Mr. Carter said if his business burns, no one else will catch fire.
In the staff's report it is stated that his trucks are randomly parked. With nine acres,
Mr. Carter said he will not be regimented. At the Plannin~ Commission meeting a remark was
made about broken plates. These are used for gravel. Condition #3 calls for'emergency
access. There is only one road. Mr. Carter said he was schooled in soil erosion abatement.
A live root system must be established and this cannot be done overnight. Mr. Carter asked
that he be relieVed of all conditions recommended by the Planning Commission. He then
showed to the Board a group of pictures of the site.
Mr. Blodinger said Mr. Carter bought this property and went into operations over a
year ago thinking that a warehouse was included in the M-1 zone as a matter of right. It
was not until the Zoning Administrator notified him of a zoning violation that he applied
for this permit.
Mr. Fisher asked if a soil erosion plan had been filed with the County. Mr. Carter
said no; he had the soil conservation people look at the site at Mr. Dick's suggestion. Mr.
Fisher asked if it was Mr. Carter's intent to fully comply with the County's ordinances on
soil erosion. Mr. Carter said he thought he had done that when the soil conservation people
looked at the site. Mr. Blodinger said no soil erosion plan has been filed, but Mr. Dick
said he considered the plan as set out in Mr. Yager's letter, to be an acceptable plan. Mr.
Fisher asked Mr. St. John if he'felt a plan had been filed and approved by the Zoning
Administrator. Mr. St. John said no.
Mr. St. John said from a legal standpoint, Mr. Blodinger is right in separating the
application for this permit from the question of a soil erosion violation. If Mr. Carter's
operation had been a use by right, the Zoning Administrator would have gone through the
ordinary legal enforcement procedure to require him to file a soil erosion plan. Mr. St. Joh~
said he did not think the granting or denial of a special permit should be connected to the
soil erosion problem.
At this time, the public hearing was opened.
hearing was closed.
With no one rising to speak, the public
Mr. Roudabush said he had been on the property many times and from looking at the
pictures, he feels Mr. Carter has taken a long step toward correcting the problems.
At this time, Dr. Iachetta offered motion to approve SP-77-25, with no conditions
attached. He felt the soil erosion problems should be handled by the zoning adminstrator
through existing regulations. His motion was seconded by Mr. Roudabush and carried by the
following recorded vote:
AYES:
NAYS:
Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush.
None.
At 9:07 P.M., the Board recessed and reconvened at 9:19 P.M.
Agenda Item No. 8. ZMA-77-09. Walter A. and Lucy M. Young. To rezone 5.189 acres
from A-1 Agricultural to RS-1 Residential. Property on west side of Beagle's Gap Road
approximately 0.2 mile from intersection of Route 691. County Tax Map 54, Parcel 41I(1),
White Hall District. (Advertised on June 1 and June 8, 1977.)
Mrs. Scale gave the following staff report:
June 15, 1977 (Regular Night Meeting)
Previous Applications
ZMP-154. Walter A. Young, Sr. A-1 to R-i; no indiciation of public hearing
ZM?-170. Walter A. Young. A-1 to R-i; withdrawn
ZMP-278. Walter A. Young. A-1 to RS-i; deferred - applicant did not pursue
ZMP-333. Walter A. Young. A-1 to RS-I; withdrawn without prejudice 10-7-75
Character of the Area
This property is vacant, open land. The area is rural in character,
located at the foot of the Blue Ridge Mountains. There are several
single-family dwellings on small lots along Beagle Gap Road.
Comprehensive Plan
This area is recommended for conservation use (one dwelling unit/five acres).
Staff Comment
Under existing zoning, this property could be divided into two parcels. Under
requested zoning, with individual well and septic system, three parcels could
be achieved and with either central water or sewer, five parcels could be
achieved. The staff recommends denial of this petition for the following
reasons:
The request is not in compliance with the Comprehensive Plan.
Such rezoning would set precedent for similar requests in the
rural area of the County.
The County recently rezoned from RS-1 to A-1 several properties
in Boyd's Tavern area on the basis that RS-1 was inappropriate
to that area.
Mrs. Scala said the Planning Commission, on June 7, 1977, by a vote of 5/2, recommended
denial of the petition.
Mr. Walter Young said he has been trying to get this property rezoned for a long time.
He withdrew the previous application because the Board had said they wanted the road taken
over by the State. This has now been done. The land is no good for anything except houses.
This zoning would be compatible with the rest of the area.
At this time, the public hearing was opened. With no one rising to speak for or
against the petition, the public hearing was closed.
Mr. Fisher said the staff has made a plea to comply with the Comprehensive Plan. He
asked if anything is proposed in the new Comprehensive Plan that would change that recommenda~
Mrs. Scala said no. Mr. Roudabush said he would like to look at the land because this does
seem to be a logical extension of the other zoning in the area. Mr. Henley concurred.
Motion was then offered by Dr. Iachetta to defer action on this petition until July 20 in
order to allow time for the Board to view the site. The motion was seconded by Mr. Roudabush
and carried by the following recorded vote:
AYES:
NAYS:
Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush.
None.
Agenda Item No. 9. SP-77-26. Michael Trainum. To locate a craft shop for woodwork
and master carpentry adjoining an existing single-family residence on five acres zoned A-1.
Property at intersection of Routes 631 and 708 with frontage on Route 708 west of Route 631.
County Tax Map i00, Parcels 30 and 30A, Samuel Miller District. (Advertised on June i and
June 8, 1977.)
Mrs. Scala gave the staff's report:
Character of the Area: The applicant is currently renovating the dwelling
on this property. A church is located at the southeast quadrant of the
intersection. Ail other properties are undeveloped and heavily wooded.
Staff Comment: The applicant wishes a woodworking/cabinetry operation to
be housed in a proposed shed-type building. He may have a co-worker, but
no employees. Most work would be custom cabinetry and furniture, there-
fore, the applicant expects little client traffic to the site. Material
delivery would be infrequent. The proposed location of the woodworking
shop is well screened from both roads by existing vegetation. Site
distance from both entrances to Route 708 is poor, however, staff opinion
is that improvement can be made.
Mrs. Scala said the Planning Commission, on June 7, 1977, by unanimous vote, recommended
approval with the following conditions:
3.
4.
5.
Improvement of entrance to and circulation within the property to
the reasonable satisfaction of the staff and the Virginia Depart-
ment of Highways and Transportation.
Staff approval of sketch plan to include location of buildings
and access.
Operation limited as described in this staff report.
Coordination with church to limit operation during church services.
Approval of appropriate state and local agencies.
Mr. Trainum was present. The public hearing was opened. With no one rising to speak
for or against the petition, the public hearing was closed.
Mr. Henley said he did not see any reason why Mr. Trainum could not have employees.
Mr. Trainum said he understood this condition was recommended because he would have other
problems that he could not afford permit wise.
June 15, 1977 (Regular Night Meeting)
Mr. Fisher said that on this permit (and the permit under Agenda Item No. 10) there are
large acreages. There is nothing in the conditions that would limit the number of units or
square footage. Over the years, the applicant might wish to open a larger operation and it
would change the character of the area.
Mr. St. John said there was no basis in the ordinance for not allowing employees. Mr.
Roudabush said if there were any conditions on the number of employees, the limitation would
come from the Health Department and be covered by Condition #5. He then offered motion to
approve SP-77-26 with conditions #i, 2, 4, and 5 as recommended by the Planning Commission
and changing #3 to read: Operation limited to a structure not to exceed 3,000 square feet
in area and no more than five employees. 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.
Agenda Item No. 10. SP-77-28. Paul Blaise Gaston. To locate a craft shop on 13 acres
zoned A-1. Property off of Route 668 about 3/4 mile north of Route 668. County Tax Map 16,
Parcel 15 (part thereof), White Hall District. (Advertised on June 1 and June 8, 1977.)
Mrs. Scala said all property surrounding this site is currently vacant and wooded. A
house is to be constructed on the property and the applicant proposes to construct a shed-
type structure to house the woodworking operation. The~applicant proposes no employees, no
selling from the premises and no signs. This would be a piece-by-piece custom furniture
operation and the applicant proposes to pick up the raw materials himself. On June 7, 1977,
the Planning Commission recommended approval of this pet±tion, with the following conditions:
Operation limited as described in this staff report.
Staff approval of sketch plan.
Approval of appropriate State and local agencies.
Mrs. David asked if the limit on employment wam2set~b~c~use this is in an A-1 district.
Mr. Gaston said it was on there because he thought it would be easier to get the permit. He
would be happier if he had employees.
The public hearing was opened.
closed.
With no one rising to speak, the public hearing was
Motion was then offered by Dr. Iachetta to approve SP-77-28 with conditions #2 and #3
as recommended by the Planning Commission, but changing #1 to read: Operation limited to a
structure not to exceed 3000 square feet in area and no more than five employees. The
motion was seconded by Mr. Henley and carried by the following recorded vote:
AYES:
NAYS:
Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush.
None.
Agenda Item No. 11. Region X Criminal Justice Plan. Present was Mr. Richard Kania,
Criminal Justice Planner. Mr. Fisher said the Board had been furnished a copy of Part II
of the Multi-Year Plan, 1977-1981, and he noted the following Albemarle County programs to
be considered for federal grant funds:
Albemarle County Sheriff's Department Youth Investigations. For a
Youth Investigations Unit; $29,844. This will provide two youth
investigators especially trained in juvenile procedures who will
work with court intake officers in identifying juveniles getting
into trouble.
Regional Burglary Investigation Team. Albemarle County, applying
for itself and the counties of Greene, Fluvanna and Nelson,
proposes a regional burglary investigation team. However~ the
cost of this program far exceeds available~funds and is being
referred to an overage category.
Charlottesville-Albemarle-University Joint Dispatching Center.
The project will combine the dispatching and record keeping
functions of these law enforcement agencies under one roof.
Considerable savings and better service to the public can be
provided by such a consolidation.
Law Enforcement Equipment Projects. Recommended for funding
by the Criminal Justice Advisory Council, but for which no
funds are available.
a. Three, four-channel, solid-state vehicle-mounted FM radios
for new officers.
b. Six, four-channel, solid-state vehicle-mounted FM radios
to replace obsolete tube-type radios now in service~
c. Thirty-four portable radio sets with vehicle rechargers
and through-the-car repeater systems.
Charlottesville-Albemarle Joint Security Complex Adult Education.
This program currently receives high marks from all subjective
evaluations. It has ~grown since inception, and does ~have
appeal to the jail inmates.
Mr. Fisher noted a memo from Robert E. Abbott, Jr., Executive Director, Thomas Jefferson
Planning District, in which it is stated that the Board must approve the Criminal Justice
Plan for 1977-78 before the projects contained~ within it will be eligible for Law Enforcement
Assistance Administration funding or Juvenile Justice and Delinquency Prevention funds;
said approval needed before July 5th. Mr. Fisher said the Planning District Commission did
not recommend the entire plan, but found no difficulties with the recommendations of the
June 15, 1977 (Regular Night Meeti.ng)
Agenda Item No. 12.
Skipped temporarily.
Agenda Item No. 13. Request to have road taken into the State Secondary System.
Mr. A~norA~ia~d this request to have Whippowill Hollow Road taken into the system was on last
weeks' agenda, but combined with another request. At that time, the matter was not ready
for Board consideration because the subdivision plat had not been recorded. Last night the
Planning Commission approved the plat and it was signed today. Mr. Dan Roosevelt, Resident
Highway Engineer, is present tonight to speak on waiving.service requirements. At this
time, the road does not meet those requirements.
Mr. Jim Hill, representing the applicant, was present. He said the road is about a
mile long. He made arrangements with the Highway Department and the County Engineer's
Office to bring the road up to a Category 2 road because it is acting as a service road.
They agreed to accept the road and he requests that a resolution be adopted so he
not have to carry the maintenance of the road for another year.
Mr. Roosevelt said there seems to be a misconception as to why the road was built. At
the Planning Commission meeting last night, it was stated that the road was constructed at
the request of the Highway Department for addition to the system as a cut-off or bypass.
This statement is contrary to his remembranne~of the matter. Plans for the road were submitt~
to the Highway Department on February 8. This submittal contained two sheets of road plans
and a subdivision plat showing 81 lots. Based on this submission, it was his understanding
that the developer planned to construct a subdivision of 81 lots, with a through road
connecting Route 614 and Route 677. At a meeting in March, Mr. Hill verbally asked if it
might be possible to have the road taken into the system for maintenance on the premise that
the road carried a considerable amount of through traffic. After reviewing the question, it
was determined that the road would function as a through road and this is legitimate service.
Based on this fact, it was agreed to accept the road if it were brought up to a Category 2
pavement. The plat that was approved by the Planning Commission last night shows the right
of way for the road and two large parcels; one of about 50 acres and one of about 100 acres.
It does not show the 81 lots. Since it is possible that these large parcels might be
divided into more than 81 lots, his office would have to review the matter again based on
the number of lots that are going to be there. If the property is divided into two-acre
lots, plus the through traffic, the potential traffic would put the road into a Category 3
range and would mean a complete reconstruction of what is there, plus additional dedication
of right of way.
Mr. Hill said the preliminary plan has nothing to do with what might eventually happen
to the land. At first, the Highway Department said the road could be taken in if constructed
to a Category 2 and if it had three houses being served. When asked if they would take the
road in immediately, Mr. Hill said he was told to put two-inches of blacktop on the whole
road and they would take the road. He said he would never have spent another man's money to
put blacktop on the road if he had known this was predicated on 81 lots total.
Mr. Tom Sinclair, surveyor, said his understanding of the road's history is somewhat
different. The road plans were originally drawn about 10 years ago and the road was built.
Then, the developer's interest in the property wained and he did not proceed to develop the
property. Recently, more interest has been generated in that area and he decided to upgrade
the road and do whatever was necessary to subdivide the land. Mr. Sinclair said his instruc-
tions were to reroute the road plans through all the various authorities and get them approvec
This was done. Mr. Sinclair said, as far as he knows, the plan showing 81 lots is the plan
the developer plans on using, although there is another firm preparing a plan which requires
a rezoning. Later, Mr. Hill struck a deal with the Highway Department that if he put two-
inches of blacktop on the whole road, it would be accepted into the system. Mr. Hill said
he had a letter to that effect.
Mr. Roudabush asked about the plat that was approved last night. Mr. Sinclair said
that plat shows the entire tract of property; 50 acres on one side of the road, and 100+
acres on the other side. If the property is developed according to its present zoning, no
more than 90 lots could be fitted on the property because of topography, and 81 is probably
a good figure to use'.
Mr. Fisher said usually when a request is made to have a road taken into the State
system, there is a subdivision plat of record and that is the basis on whic~h the Highway
Department makes its approval. The Highway Department had a subdivision plat showing 81
lots and the plat approved by the Planning Commission does not show anything, so there is no
way to know what will happen to the land. If the Highway Department will not recommend the
road for acceptance, there is no reason for the Board to discuss the matter further.
Agenda Item No. 12. Transfers on Salary Adjustments. Memo was received from Ray B.
Jones, Director of Finance, in which he requested that funds be transferred from Code 1F-
199, Salary Adjustments, to cover merit increases made during the fiscal year. The requested
transfers were:
!g-102 Purchasing Director $ 711.36
lg-109 As:s~istants~Furchasing ~ 4,131.56
2a-102 Director, Real Estate 761.53
2A-109 Assistants, Real Estate 5,272.56
7d-109 Clerical, Fire Marshal 237.00
7d-115 Fire Marshal 205.96
10e-102 Director, Planning 1,090.21
10e-109 Assistants, Planning 3,680~5
10e-130 Supervisory, Planning 669.00
10L-123 Laborers, Parks 5,332.43
Total $22,092~6~~
Motion was offered by Dr. Iachetta, seconded by Mr. Dorrier, to approve a transfer of
$22,092.36 from Code 1F-199 to the codes as set out above. The motion carried by the
following recorded vote:
AYES: Mrs David and Messrs. Dorrier. Fisher. Henley. Iachetta and
June 15, 1977 (Regular Night Meeting)
Agenda Item No. 14. Negotiations-Purchase of Post Office Building. Mr. Agnor said he
and Mr. Cole Hendrix had a meeting with a post office official on last Friday concerning the
lowest negotiated price for the purchase of the Market Street Post Office property and the
terms for an option for such purchase. He said they offer the following recommendations for
Board and Council consideration:
A purchase-option contract be prepared and forwarded to the Postal
Service offering to purchase the property for $250,000 contingent
upon City and County voters approving bond issues at the general
election in November.
The date of possession and occupancy of the Postal Service area
is recommended to be 120 days following the date of a referendum
in November.
Subject to approval of the first two recommendations, discussions
with GSA officials should be initiated to acquire occupancy of the
basement to coincide with commencement of renovations (estimated
120 to 180 days after November, 1977) and occupancy of the top
floor (Federal Court) near the end of renovation work (estimated
to be late summer 1978).
Motion was offered by Dr. Iachetta, seconded by Mr. Dorrier, to accept the recommendati¢
of Mr. Agnor and Mr. Hendrix as set out above and authorizing the County Executive to execute
such an option. The motion carried by the following recorded vote:
AYES:
NAYS:
Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush.
None.
Mr. Agnor said the Zoning Administrator, Mr. J. Benjamin Dick, is fulfilling his obligat
to the military service and Mr. St. John has said the Board should appoint an Acting Zoning
Administrator in his absence. Mr. Agnor said when the Building Inspections Office was
reorganized last year, the appointment of the Deputy Zoning Administrator was not rescinded.
He requested action of the Board to appoint Mr. Andy Evans as Acting Zoning Administrator,
without extra pay, in the absence of Mr. Dick and to rescind the appointment of Ms. Pat
Fleshman as Deputy Zoning Administrator. Motion to this effect was offered by Dr. Iachetta,
seconded by Mr. Roudabush, and carried by the following recorded vote:
AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush.
NAYS: None.
At 11:10 P.M., motion was offered by Dr. Iachetta, seconded by Mrs. David, to adjourn
to June 16, 1977, at 4:00 P.M., in the Board Room of the County Office Building. The motion
carried:
AYES:
NAYS:
Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush.
None.
Chai~fan
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