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1977-10-12October 12, 1977 (Regular-Morning Meeting) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on October 12, 1977 at 9:00 A. M., in the Board Room of the Albemarle County Office Building. Present: Mrs. Opal D. David, and Messrs. Lindsay Dorrier, Jr., Gerald E. Fisher, Joseph T. Henley, Jr., F. Anthony Iachetta and W. S. Roudabush. Absent: None. Officers Present: Attorney. Guy B. Agnor, County Executive and George R. St. John, County Agenda Item No. 1. Call to order: Gerald E. Fisher, at 9:03 A. M. Meeting was called to order by ~hairman, Agenda Item No. 2. Approval of Minutes: December 1 (afternoon), December 1 (night), December 15, 1976 (afternoon), January 3, January 5 (afternoon) and January 5, 1977 (night). Motion was offered by Mrs. David, seconded by Dr. Iachetta, to approve the above minutes, correcting typographical errors noted for the Clerk. Roll was called, and motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. © Not Docketed Mr. Fisher requested that the November 9, 1977, regular day meeting begin at 10:00 A. M., instead of the usual 9:00 A. M., because it is the day after election day. The time change was agreeable to all Board members. Agenda Item NO. 3. Highway Matters: A) Burmeister--~ppeal Subdivision Plat. of Parcels C-1 and C-2, located off State Route 676, North of Ivy, Albemarle County, Virginia, drawn by R. O. Snow & Associates and dated 5/25/77.) (Plat ~r. Tucker said the Planning Commission gave conditional approval, on June 21, 1977, for.~ an adjoining seven-acre parcel owned by Strickland for purpose of sale to Burmeister. One of the conditions was Highway Department approval, which included the requirement of upgrading the entrance to Tanglewood Drive to state standards. This condition could not be met due to sight distance problems. The 5.3 acre parcel was instead added to the existing Burmeister parcel containing 19 acres which did not require approval by the Planning Commission. Mr. Bur~eister then requested approval of the 5.3 acre parcel as a separate parcel, but without the condition of Highway Department approval. The Planning Commission on September 20, 1977, denied the request for waiver of Highway Department requirements and Mr. Burm~ister has appealed that decision to the Board today. Mr. Burmeister said he tried having a sign installed at the entrance of his private road saying "hidden drive" but there was no traffic count to warrant this. He said he therefore couldn't understand how they could require road improvements at the entrance. He further stated that the land at the entrance was not owned by himself, but by two different parties. Mr. Roosevelt of the Virginia Department of Highways and Transportation said he review- ed the site, and in this case (as in all others), if the subdividing of the property increases the use of the road, the Highway Department will require improvement of the entrance. Mr. Tull, a property owner in the same area as that which Mr. Burmeister wished to subdivide, said there are 10 parcels off the present private road. He noted that there is a 13% grade on this road so there is no chance of it being taken over by the Highway Depart- ment for maintenance. He hoped the Board would be consistent with imposing the condition f~r entrance improvements in all future cases, and not require it of just Mr. Burmeister. Ms. Lawson said she owns 34 acres behind the parcels being subdivided, and feels they have been landlocked because of lack of roadways. Motion was offered by Dr. Iachetta, to accept the recommendations of the Planning Commission, which does not include a waiver of the requirements to upgrade the entrance onto the State road. Also, for the Planning Commission to be consistent in applying the Highway Department's policy of requiring commercial entrances when three or more dwellings or parcels are served by one entrance. 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. 3b) Pizza Inn-Mr. Donut Site Plan--Appeal. (Site Development Plan, by Architect Sy Richards, marked received 9/21/77.) Mr. Tucker read the list of conditions placed on the site plan by the Planning Commission. He noted ~hat the condition being appealed was condition #8 reading "a traffic light is to be installed by the ~irginia Department of Highways and Transportation". It was argued by Mr. Dave Wood, the p?operty owner, that if the State feels no light is justified, then development of his site technicall has been denied by the Planning Commission. He requested either assurance from Mr. Roosevelt of the Department of Highways and Transportation that a light was planned to be installed, or have the condition in question removed. Mr. Roosevelt said the area was presently under study, but that it seemed unlikely ~hht there would be sufficient cause for installation of a light at that intersection. October 12, 1977 (Regular-Morning Meeting) Mr. Fisher said he preferred to see the Planning Commission review this site plan again with the question put to them: "what if no traffic light is installed". Mr. Tucker said he could have it placed on the Plann±ng Commission's agenda within the next two weeks. Dr. Iachetta offered motion requesting the Planning Commission to review their conditions and stat what they would require if condition #8 could not be met by the applicant. Motion was second- ed 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. 3c) Request to officially name Route 651. (Deferred from September 14, 1977.) Mr. Tucker said the request came initially from the Post Office to officially name Route 651. :~Mr. St. John said the matter can be handled by resolution and that no plat vacations are required. Motion was offered by Dr. IaChetta to officially name Virginia Route 651, Free State Ro~d. Motion was seconded by Mr. Roudabush, and motion carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. Agenda Item No. 3d) Amend six year highway plan to delete Route 633. Mr. Roosevelt of the Highway Department referred to his letter dated September 29, 1977, as follows: "Route 633 Project: 0633-002-129, C-502 Albemarle County On September 2, 1977, I wrote Mr. Lindsay G. Dorrier, Jr., concerning the unavailability of right of way on the above captioned project. At the September County Board meeting this matter was discussed with the Board as a whole. There was general agreement that funds now allocated to this project should be trans- ferred to another project. You requested that I make recommendations concerning a replacement project. There is approximately $74,000 now available in the Route 633 project fund. It was anticipated that this money would be used to finance an improvement by State Forces. If right of way had been available this work would have ~egun this fall, and have been completed in the spring or ~arly summer of 1978. I believe it is now too late to undertake additional State Force construction with this money this year. It would be my recommendation, however, that this money be used to finance an improvement by State Forces in the spring of 1978. To accomplish this I believe the route chosen should be one ~lnng which right of way is already available, or along which we are certain it will be available. With this in mind, I recommend that one of the following two noutes be chosen for improvement. Route 651 from Route 631 to Route 1428 is a gravel road carrying 148 vehicles per day. This is the tenth highest volume gravel section in the County. Property along the route has. been dedicated as a part of the Northfields Subdivision. It is currently in the.adopted Six Year Plan, and I had expected to undertake this work in 1979. I e~timate it will cost approximately $75,000 to improve this route. Route 719 from.~Route 716 to Route-715 is a gravel road which carries 89 vehicles per day. ]~:~his is the thirty-second highest traveled gravel secondary in the County. Right of way along this route was dedicated by the adjacent property owners in 1976 with the hope that the Department would then schedule this route for improvement. The route is currently included in the approved Six Year Plan, and I had tentatively scheduled this work for 1981. I estimate it will cost approximately $90,000 to ~ompiete this work. Hard surfacing of this section would complete a hard surface link between the Es~ont area of Route 6 and the Cross-Roads area on Route 29. I believe that improvement of either of the two (2) routes listed above would be a proper expenditure of the funds required. There may be other routes which should be considered at this time. I am certainly willing to discuss this matter at such time as it is convenient for:the Board." Mr. Dorrier said he had~no objectimns to dropping the Route 633 project. The Board then discussed the two roads recoF~ended for consid6ration by Mr. Roosevelt. Dr. Iachetta offered motion to accept Mr. Roosevelt's recommendation that the Route 633 project be dropped, and monies in turn be allocated to Route 651 from Route 631oto Route 1428 (or hopefully all the way into the intersection). Motion was seconded by Mr. Dorrier, and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 3e) Terrybrook Subdivision: Take Road into the Secondary System. Mr. Agnor presented a letter dated October 6, 1977, from Mr. Charles S. Terry, requesting that th~ final section of Terrybrook Drive be taken into the State System. Mr. Roudabush offered the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle Comnty, Virginia, that the Virginia Department of Highways ~d TranSportation be and is hereby requested to accept into the Secondary System of Highways, sub~iect to final inspection and approval by the Resident Highway Department, the following road in Terrybrook Subdivision: ~ October 12, 1977 (Regular-Morning Meeting) Beginning at station 9+82.22 of Terrybrook Drive, the centerline intersection with Crestfield Coulrt; thence with Terrybrook D~ve in a northeasterly direction 1,115.67 feet to station 20+97.89, the end of Terrybrook Drive in Terryb~ook Subdivision. BE IT FURTHER RESOLVED that the 'Virginia Department of Highways and Trans- portation be and is hereby guaranteed a 50 foot unobstructed right of way and drainage easements along this requested addition as recorded by plat in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 544, page 220 and Deed Book 584, page 185. Motion was seconded by Mrs. David, and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fislher, Henley, Iachetta and Roudabush. None. Agenda Item 3f) Request for turning lanes at Western Albemarle High School. Mr. Tucker said the Planning Commission recommends that Route 250 West at the entrance to Western Albemarle High School be improved to provide both a left-turn land and through-lane for westb~un~ traffic. Mr. Roosevelt estimates the cost to be between $13,000 and $15,000. It was the consensus of the Board that a turning lane was essential at this site. Mr. Roosevelt said State Forces would not be able to do the work, and recommended the County seek bids from private contractors to do the work~ Motio:n was offered by Dr. Iachetta, seconded by Mr. Dorrier, to authorize the County Engineer to proceed forthwith and contract to have a deceleration and turning lane constructed for the westbound traffic entering the school, before the end of the paving season. Roll was called and motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fislher, Henley, Iachetta and Roudabush. None. Agenda Item No. 3g) Public Hearing: Amend Section 18-43 of the Subdivision Ordinance. (Deferred from September 7, 1977.) Mr. Tucker said an agreement between the Highway Depart- ment and the County has been prepared and 'the amendment before the Board is based on that agreement. He summarized the wording as follows: "In addition to the foregoing, in the case of any plat on which is shown any road to be dedicated to public use, tlhe subdivider shall pay to the County a fee equal to the cost of the inspection of the construction of any such road; notwithstanding the foregoing, such fee shall be paid upon completion of all necessary inspections, and shall be deemed a part of the cost of con- struction of such road for purposes of Section 18-19 of this Chapter." Mr. Roosevelt explained that due to a disagreement in some wording, the agreement for- warded to his office in the spring, was never signed by the State Highway Department. No one from the public wished to speak either for or against this item, and Mr. Fisher requested a motion to defer until December 14, 1977, at which time the agreement will have been signed by the Virginia Department of Highways and Transportation. Motion was offered by Dr. Iachetta to defer action on this amendment to December 14, 1977. Motion was seconded by Mrs. David and carried by the following recorded vote: AYES: Mrs. David and Messrs. Fisher, Henley, Iachetta and Roudabush~ NAYS: None. ABSENT: Mr. Dorrier. Not Docketed. Other Highway Matters Not on the Agenda. Mr. Roudabush stated that the roads in Airport Acres should be completed by November 1st. Also, he noted that the inter- section of Routes 637 and 708 have very poor sight distance. He requested improvement of this problem when the Highway Department does maintenance to this road. Mr. Roosevelt said the sight problem is caused by overgrown bushes on private property. He suggested that since accidents have occurred at this point, one involving a school bus, possibly the School Board could obtain permission for the cutting of these bushes by the Highway' Department. Mr. Fisher asked if Route 637 was still scheduled for work in the Spring. Mr. Roosevelt said the right-of-way work still needs to ]be done, and the agents from the Culpeper Office who do this work are presently committed to work in the Fairfax County area. He suggested possibly an expression from the Board that they wished to have this work completed as soon as possible would bring some results. Mr. Roudabush offered motion to forward' the following request to the Highway Department: Due to the amount of time required for acquisition of right-of-way and the need for road improvements as soon as possible, the Albemarle County Board of Supervisors hereby requests the Virginia State Department of Highways and Trans- portation to ~egin construction on Route 6'37 in the early spring of 1978. Motion was second- ed by Mrs. David, and motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Mr. Roudabush said he would abstain from discussion and vote on agenda items ~ and 5 which immediately follow: Agenda Item No. 4. David Brown Final Subdivision Plat. (Plat showing Parcels A,B,C,D, being a division of property designated as Parcel 120 N., Tax Map 61, located at the inter- section of U. S. Route 29 and State Route 631, Charlottesville District. ~lat dated 8/23/77.) Agenda Item No. 5. Hardee's Restaurant Site Plan. (Located on corner Rio Road West and U. S. Route 29, Charlottesville District, ]Plat dated 8/23/77.) Mr. Tucker reviewed the staff reports for these two agenda items simultaneously, as they involve the same location. He noted that the engineer, Mr. Mike Boggs, was present. Although these two agenda items were not required to be brought before the Board of Suoervisors for aooroval. Dr. Iaabetta October 12, 1977 (Regular-Morning Meeting) Mr. Tucker and Mr. Boggs explained to the Board that the easement problems had been cor- rected before this meeting date, and the Board took no action. Agenda Item No. 6. Public Hearing: An Ordinance to Amend and Re-enact Sectimn 8-40 of the Albemarle County Code Concerning Penalties Unde:r the Land Use Tax Ordinance. (Advertised in the Daily Progress on September 28 and October 5, 1977.) Mr. Agnor presented the proposed amendment as advertised: "BE IT ORDAINED by the Board of Supervisors of Albemarle County,Virginia, that Section 8-40 of the Albemarle County Code is amended and reenacted as follows: Section 8-40. Violations~ penalties; assessment. (a) The owner of any real estate liable for roll-back taxes shall, within 60 days following a change in use, report to the Director of Finance in writing, the date of any change in the use of such property to.a non-qualifying use. (b) The Director of Finance shall, after receiving notice of the change in use, ~ither from the owner or from any other source, compute and assess the current owner for the amount of roll-back taxes due, plus simple interest of one-half per centum for each month or fraction thereof from the date of the original deferment of the tax to the date of assessment. (c) Any person failing to report properl~:!?any change in use of property for which an application for use value taxation had been filed shall be liable for all such taxes, in such amount and at such times as if he had complied herewith and assessments had been properly made, and such owner shall be liable for a penalty equal to ten per centum of the amount of the roll-back tax, which penalty shall be collected as a part of the tax. (d) Payment of the roll-back tax plus interest and any penalty thereon shall be due within 30 days of the date of assessment. An addit- ional penalty equal to ten per centum of the amount of the roll-back tax due shall be assessed for failure to pay within such 30 day period, plus simple interest at the rate of eight per centum per annum until the date of payment. (e) Any person making a material misstatement ~f fact in any application filed pursuant hereto shall be liable for taxes, in such amounts and at such times as if such property had been assessed on the basis of fair market value as applied to other real estate in Albemarle County, together with interest and penalties thereon, and he shall be further assessed with an addition- al penalty of 100 per centum of such unpaid taxes." Mr. Fisher opened the public hearing, and no one either for or against this proposal wished to speak. Mr. Ray Jones, Director of Finance, said he supports this amendment fully. Motion was offered by Dr. Iachetta, seconded by Mrs. David, to adopt the ordinance amendment as advertised and set out above. Motion carried by the following recorded vote: AYES: NAYS: Mrs. David.:.and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush, None. Agenda Item No. 7. Floyd Bates: Dance Hall Permit. (Deferred from september 14, 1977.) Mr. Tucker reviewed the permit request, and stated that the Planning Commission recommends the permit be granted with three conditions: "1. Hours of operation should be limited between 7':00 R~m. and 1:00 a.m. 2. Soundproofing to the reasonable satisfaction of the Zoning Administrator to the extent that noise shall not be audible to the nearest residence, ex- clusive of the applicant's residence. 3. An attendant shall be on duty at all times." Mr. Roudabush offered motion that the permit be granted with 'the conditions, recommended by Mr. Tucker. Motion was seconded by Mrs. David and carried bY the' following recorded vot~e'~' AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 8. Jean Granger: Request for waiver of sewer requirements. (Deferred from September 21, 1977.) Mr. Roudabush said he wished to abstain from discussion and'vote on this agenda item. Mr. Tucker reviewed the cost of installing a sewer line to the inter- ceptor line and said, depending on the route taken, the cost was estimated to be between $6,000 and $12,000. He noted that a percolation test was conducted by E. O. Gooch and Associates and they found the soi~s acceptable for a septic system on the property. Mr. Tucker said the Planning Commission denied the waiver to allow the two non-confOrming size lots to have septic systems, and that is why the matter has been appealed to the Board. Mr. Edward H. Bain, Jr., attorney for Mr. Granger, said to install a line to the inter- ceptor via the shortest route would require crossing neighboring property. Owners of that neighboring property are not willing to give an easement for the sewer line. Mr. Granger ~ wo~ld therefore be required to use the longer, more costly route. Mr. Fisher said he was opposed to granting a waiver in this case since' the parcel (if divided) does not meet the subdivision ordinance requirements. Mr. Dorrier said he could see no reason to deny the waiver since there were no nearby buildings to be affected. Mrs. David, Dr. Iachetta and Mr. Henley were all in agreement that no waiver should be granted. ~otion was offered by October 12, 1977 (Regular-Morning Meeting) Mrs. David to accept the recommendation of the Planning Commission and deny the requested waiver. Motion was seconded by Dr. Iachetta, and carried ~by the following recorded vote: AYES: Mrs. David and Messrs. Fisher, Henley and Iachetta. NAYS: Mr.~-Dorrier. ABSTAIN: Mr. Roudabush. Agenda Item No. 9. Magruder Dent: Subdivision Plat. (Deferred from ~eptember 28, 1977.) Mr. St. John said at the Board's last meeting~ Mr. Dent protested the taking of private property for public use without just compensating. He noted correspondence between Mr. Dent and Mr. ?ayne, along with opinions from the Commonwealth Attorney's ~ff~ce; and Mr. St. John said he has determined that Albemarle County's ordinance is completely within the laws of the State of Virginia. ~ Mr. Roudabush said he requested this matter be brought before the Board for several reasons, one being the dedication waiver by the Planning Commission. Second, none of the lots would have legal frontage on State roads. Mr. Dent presented the proposed layout of the lots. After considerable debate as to easement dedication requirements under County and State laws, Mrs. David offered motion to approve the waiver with the conditions establish. ed by the Planning Commission. Highway Department approval of entrance and location of easement; Health Department approval; Maintenance agreement for the easement to be recorded; Note on final plat: "If widening of Route 676 is undertaken by the Virginia Department of Highways and Transportation, then a 25' strip from the center- line of Route 676 will be dedicated at that time without cost to the County or State." Motion was seconded by Mr. Dorrier, roll was called, and the motion was denied by the following recorded vote: AYES: NAYS: Mrs. David and Mr. Dorrier. Messrs. Fisher, Henley, Iachetta and Roudabush. Motion was then offered by Mr. Roudabush, seconded by Dr. Iachetta, to deny the waiver of dedication of right-of-way along the state road for this subdivision. Roll was called, a~d~matm~n?.c~rrled'.~y~th following recorded vote: AYES: Mrs~ David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. At 12:53 P. M., Mr. Fisher declared the meeting adjourned for lunch. at 1:55 P. M~ Meeting reconvened Agenda Item No. 10. Arlie C. Payne, Gordonsville Subdivision Ordinance. Present were the Honorable Arlie C. Payne, Mayor of the Town of Gordonsville, and Mr. Ulysses Joyner, Town Attorney. Mr. Payne said the town of Gordonsville wished to work out an amiable agreement with Albemarle County over the jurisdiction of a two-mile radius of GOrdonsville in conjunction with their Subdivision Ordinance. He noted that any new subdivisions in Albemarle County within this radius cause definite effects on the Gordons- ville population, and thereby justify their input into approvals. Mr. Payne added that the town would be willing to compromise with the County and only include Albemarle County to within one mile of Gordonsville (such as in the case of Charlottesville and Albemarle). Mr.. St. John said he wished to avoid bringing this matter to court, and could see no problem in .giving the Gordonsville ~own Council the right to appear before the Board of Supervisors to state objections or to review plans, but he added that Gordonsville should not be given the rights of approval or denial of Albemarle County subdivisions within that radius of Gord~nsville. Following some further discussion, it was decided that an agreement should be worked out between the attorneys of Albemarle and Gordonsvil~e, with the proposal first be approved by the Gordonsville Town Council; if the agreement is approved by Gordonsville, then it will be brought to. the(Albemarle County Board of Supervisors for their consideration. Agenda Item No. 11. Mental Health Quarterly Report. Ms. Ann T. Wood, Albemarle County representative to Region X Mental Health and Retardation Service Board, reviewed services provided to Albemarle County residents for the past year. (July 1, 1976 through June 30, 1977.) Her review summarized such services as consultation and education, outpatient clinics day treatment centers, after-care programs, crisis intervention centers, inpatient services, mental retardation services~ and staff hours put forth for each. Agenda Item No. 12. OAR: Discuss contract for use of old County Jail. Mr. Fahy G. Mullaney, Executive Director of the Offender Aid and Restoration organization in Charlottes- ~il!e, presented a seven page proposal for "The Preservation and Use of the old Albemarle County Jail". Mr. Fisher noted the possible problems of parking and vandalism which miEht arise from using..this building on a permanent basis. Mr. Mullaney said large private park- ing signs could be placed at the entrance of the lot (presently used by the Albemarle County Service Authority) and regular patrols could be conducted by the local police for vandals. Motion was offered by Dr. Iachetta to accept the proposed lease and authorize the County Executive to sign same on behalf of the County; said lease having received approval by the County Attorney's office: 0cto~r 12, 1977 (Regular-Morning Meeting) "This Lease, made and entered into this 24th day of October,~1977,by and between the County of Albemarle, hereinafter referred to as "County" lessor, and the Offender Aid and Restoration of the United States, Inc.~ hereinafter referred to as "OAR/USA" lessee. WITNESSETH: (1) For and in consideration of the mutual covenants herein contained, the County hereby leases and demises to OAR/USA the building, located on High Street in the City of Charlottesville, formerly used as the Albemarle County Ja~l, for use as a prison museum open to the public, offices for OAR/USA and for display of prisoners' arts and crafts. (2) The term of such lease shall be for a period of three years beginning October 1, 1977 and ending September 30, 1980. (3) In order to prepare the building for the uses previously indicated, the County and OAR/USA shall share preparation costs as indicated below. OAR/USA will be responsible for purchase of interior paint and labor re- quired for its application; for general clean-up and restoration of the court yard area; and for any and all interior floor covering, window air conditioners and furnishings. The County will be responsible for materials and labor required for removal of plumbing fixtures (except those in the "Museum" section and those required for a public restroom); and for the materials and labor to provide adequate electrical and lighting service, including installation of surface electrical conduit and light fixtures. (4) The building shall be leased to OAR/USA rent free; however, OAR/USA will pay the County for heating, lighting and water costs which exceed what has been the normal cost of same during the past years when the building has had limited use by the County. Adjustment in,such charges to OAR/USA shall be made to account for any changes in these utility rates. (5) The County agrees to be responsible for the operation, maintenance and repair of the utility systems, and to perform all maintenance of the exterior of the leased premises. (6) OAR/USA agrees to perform normal custodial and janitorial functions and interior maintenance of the leased premises, and to maintain the premises in a clean, safe presentable condition at all times. (7) OAR/USA or its subtenants shall be responsible for insuring the contents of the building against fire, theft or other peril, and the County expressly disclaims any liability for damages or loss of any nature whatsoever which may occur to the property of OAR/USA, its members, or others while such property is located on the leased premises. The County will maintain fire and extended coverage insurance on the leased premises in an amount it deems adequate. (8) OAR/USA agrees to indemnify the County, its officers, agents and employees and hold them harmless from any loss of any nature whatsoever, which may occur by reason of OAR/USA's use of the leased premises. OAR/USA shall main- tain in force comprehensive public liability insurance coverage with an insurer authorized to do business in Virginia. Such policy shall not be cancelled without thirty days written notice to the County. OAR/USA shall submit evidence of such insurance coverage to the County Executive for approval prior to opening the premises to the public. (9) The County retains the right to approve sublease of space within the leased premises by OAR/USA to the Charlottesville~A!b'emarle~Historical Society or any other organization. Ail subleases shall expire concurrently on the 30th day of September next following their execution, and no such sublease shall extend beyond the term of this lease. (10) OAR/USA agrees to submit any rules and regulations pertaining to ~he operation of the building to the County Board of Supervisors for review and comment, and to use its best efforts to operate the building in accordance with the purposes for use as stated previously. In this regard OAR/USA will solicit the assistance of the local historical society in establishing the prison museum. (11) OAR/USA shall not undertake, or permit its subtenants to undertake any structural modifications of the leased premises without the prior consent in writing of the County. (12) The lease may be terminated by either party for breach of any covenant hereof by the other party provided such breach has not been remedied after thirty days written notice. (13) This lease may be amended or modified at any time by written agreement of both parties. (14) OAR/USA agrees to surrender the leased premises, upon termination or expiration of this lease, in as good condition as when they were initially occupied, normal wear and tear excepted. WITNESS the following signatures and seals the day above first written. COUNTY OF ALBEMARLE By Guy B. Agnor, Jr. County Executive OFFENDER AID AND RESTORATION OF THE October 12, 1977 (Regular-Morning Meeting) AYES: NAYS: The motion was seconded by Mr. Dorrier and carried by the following recorded vote: Mrs. D~vid and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 13. SP-77-54. City of Charlottesville. To locate an outdoor pistol range on property on Route 742. (Deferred from October 5, 1977.) Mr. Fisher noted this item was deferred so the applicant could investigate the use of other sites~ Police Chief Bowen of Charlottesville said several other sites had been observed, and that some suggested by the Board would not work because of firing direction problems, but one site is being look- ed at which may work out. He added that there is some "red-tape" involved, and it may be a few months before this alternate site is available to the City Police Department. Chief Bowen then requested approval of the permit for SP-77-54 for six months, and said the propert~ would be vacated on or before that date depending on when-the alternate site became available Mr. Stanley K. Joynes, III, representing Willoughby Corporation,requested the permit to be issued for only four months on a non-renewable basis. Mr. R. D. Wade, builder for the Willoughby Corporation, and another housing development in the proposed vicinity of the pistol range, said he had no objections to a four-month temporary permit. Mr. Fisher suggested the first condition of the Planning Commission be removed, which stated that the permit be reviewed by the Board of Supervisors on a semi-annual basis. That condition would be replaced by the condition that the permit is for six months only. Motion was offered by Mr. Dorrier to approve SP-77-54 with the following conditions: "1. This permit to terminate on or before April 15, 1978. 2. Site plan approval. 3. County Engineer and Health Department review of grading. Virginia Department of Highways and Transportation approval of site plan." 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.-14. Set Public Hea~ing Date: Ordinance Providing Tax Exemption for Elderly and Handicapped. Director of Finance, Ray Jones was present and said he wished to make a change~in Section D, that the amount of exemption be increased to $4,000 due to changes in the State Code and increases in Social Security. Mr. St. John said the period of advertisement would be 14 days, and Mr. Fisher suggested it be heard at the November 9th meeting. Motion was offered by Dr. Iachetta to a~vertise and hold the public hearing for the meeting of November 9, 1977. 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. 15. ~iscussion of Lottery Permit Legislation. Mr. Agnor presented a memorandum to the Board from Miss Lettie E. Neher, Clerk to the Board of Supervisors, noting changes in the legislation enacted ~y the 1977 Session of the General Assembly. The major change being the need for a person designated by the local governing body to audit annual reports from lottery permit holders with a report ~promptly to the governing body. It was the consensus of opinion that annual reports from lottery permit holders should be filed with the Commissioner of Accounts (as in the past), and that applications for the next calendar year should not be accepted until December 1st of the previous year. ~Agenda Item No. 16. Lottery Permit. Mr. Agnor presented the lottery permit application for Camp Saponi, Limited, on Route ! in Barboursville, Virginia~ Funds obtained from the lottery would aid the camp for the mentally retarded. Motion was offered by Mr. Roudabush, seconded by Dr. Iachetta, to approve the permit for the calendar year 1977 based on the Board's adopted rules for issuance of such permits. Motion carried by the following record- ed vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None.' Agenda Item No. 17. Inspections Department Personnel. Mr~ Agnor said he and the Director, Mr.R~Der~!~Va~E~have conducted a study of the department which shows convincing evidence that two additional employees are required in the department. Mr. Agnor then suggested that one mechanical/plumbing inspector be hired, and 'that one additional file clerk be employSd. Mr. Agnor noted that collected fees in the inspections department have in- creased by $8,300 in the first two months of this fiscal year, and he was not concerned about the source of funding for the salaries. Motion was offered by Dr. Iachetta to accept the recommendation of the County Executive to add the two requested positions and adopt the following resolution: .... BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $10,200 be, and the same hereby is, appropriated from the General Fund and coded to 10B-109 for salaries of two additional persons in the Inspections Department. October 12, 1977 (Regular-Morning Meeting) Motion was seconded by Mr. Roudabush and carried by the following recorded vote: A~ESii~i~ Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. Agenda Item No. 18. Blue Cross Dental Program for employees. randum of October 3, 1977 as follows: Mr. Agnor read his memo- "In April 1976 during budget balancing sessions, a request from emPloyees to add a Basic Dental Program to the Blue Cross'Contract was removed from recommend- ed appropriations because of the cost to the County. Cost increases of the medical insurance program were estimated to be 16% over the previous year without the addition of a dental program, and in meetings with e~ployees I explained that I could not recommend the additional costs of a dental program in the face of other increased costs, even though they were requesting the coverage-and were willing ~ to incur their share of the additional costs. As you know, the health insurance program provides coverage on the employee at County exPense, and coverage on the employee's family at the employee's expense. I promised the employees that it would be considered again in the FY-78 budget, and that at such time as the cost of the dental program added to the costs of the current health insurance program could be funded at a reasonable level of increasing costs, I would recommend the program to the Board. The FY-78 budget recommendation for the regular medical program was an estimated 8% increase~ over FY-77 expenditures, without the addition of the dental program. It'Was my opinion that such an increase was enough to bear without the addition of another program, and employees were advised in meetings with me of that opinion. I again advised them that the program would be recommended to you when it could be fUnded within reasonable levels of in- creasing costs. Each year the County's group is experience rated, and this year's rating has reduced the cost of the program to the County and the employees. The re- duction results in sufficient funds in the FY-78 appropriation to add the dental program without additional funding. Although it is recognized that the absence of the dental program would result in FY-78 expenditures being less than appro- priations, it is my belief that the funding level for medical insurance is at a reasonable level and has been provided inbthe budget, thereby indicating an acceptable level. It is also my belief that employees, who have waited several years for the program and will incur 2% times the cost per?~month that the County would incur, are ~equesting the program in sufficient numbers to enroll almost 100%. A 75% enrollment of family coverage is required to ad~pt the program. The following are the monthly rates involved: FY-?7 FY-78 Dental Coverage Total FY-78f Employee 22.00 Employee and one minor 32.12 Employee and family 54.16 21.66 2.78 24.44 31.44 4.18 35.62 53.48 9.90 63.38 Total annual County costs for the dental program is $4100. It is recommended that the program be adopted, effective November 1, without additional appropriation." Mr. Fisher asked if the proposed addition of a dental plan would include a similar program for the school system. Mr. Agnor ~eplied that the school board considered such a proposal, but did not include it in their current insurance plan. Mr. Agnor explained that the coverage was for basic check-ups~ filling of teeth, f!oride treatments, x-rays etc., but did not cover bridge work~, or orthodontia work. Motion was offered by Mrs. David, seconded by Mr. Dorrier, to approve the addition of a dental program at the level of SR,100 effective November 1st, and that it. be optional for the County employees. Roll was called, and motion carried by the' following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 19. Appointments: A) Sign Advisory Commission: Motion was offered by Mrs. David, seconded by Dr. Iachetta to appoint Mr. W. S. Hall, Jr. to replace Mr. Daye Wilkins as a member of the Commission. Roll was called, and motion carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and~Roudabush. N~YS: None. B) Parks Commission. -Dr. Iachetta offered the name of Mrs. Mari!yn Posten to replace Mrs. Katherine Burney as a member of the Commission. Motion was seconded by Mrs. David,~and motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. October 12, 1977 (Regular-Morning Meeting) C) Tourism Committee. Mr. Fisher noted receipt of the resignation of Mrs. Marian Rabinowit~. Motion was made by Mr~.Da¥id 'to appoint Mrs. Virginia R. Griswold to fill this vacancy. Motion was seconded by Dr. Iachetta, and carried by the following recorded vote AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. D) Regional Housing Committee: TJPDC. Mr. Roudabush said he was unable to make con- tact with a potential appointee, and requested this appointment be carried over. Not Docketed: Fire Prevention Code Board of Appeals. Motion was offered by Dr. Iachetta, seconded by Mrs. David, to reappoint Mr. Fred C. McCormick for another five year term to expire on November 21, 1982, Roll was called, and motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 20. RepOrt of Department of Social Services for the month of August, 1977, was presented in accordance with Virginia Code Section 63.1-52. Agenda Item No. 21. Statement of Expenses-Director of Finance, Commonwealth's Attorney and Sheriff's Department, September, 1977. Mr. Agnor presented the statements of expenses, and motion was offered by Mrs. David, seconded by Dr. Iachetta to approve the statements as read. AYES: NAYS: Roll was called, and motion carried by the following recorded vote: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 22. Statement of Expenses - Regional Jail, SepSember, 1977. Mr. Agnor presented the expense statement for the Regional Jail. Motion was offered by Mr. Dorrier~to approve the statement as read. Motion was seconded by Mrs. David, and carried by the follow- ing recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. Agenda Item No. 23. Regional Jail Report, September, 1977. Statement of expenses incurred in the maintenance and operation of the Regional Jail, including prisoner days, salaries of the paramedics, salary of the jail physician and classification officer were read. Upon motion by Dr. Iachetta, these statements were approved as read. Motion was seconded by Mr. Roudabush, and carried by the following recorded vote: AYES: NAYS: Mrs. David and Mess~s. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 24. Report of the County Executive,. September, 1977. presented the report for the Board's information. Mr. Agnor Agenda Item No. 25. Other matters not on the agenda from the ~blic and Board members. Mr. Agnor reported that the water conservation program was going smoothly. Mr. Agnor reported receiv.~ng a memorandum from Mr. McClure of the School System regard- ing the possibility of beginning an open gym activity program during the winter months. Mr. Agnor said interviews for the position of Housing Coordinator had not been pleted. He hoped to bring a recommendation for this position on Wednesday. com- Mrs. ~avid reported on receiving a page of information regarding emergency telephone numbers in the Charlottesville area which she obtained at a Planning Institute Conference at the Continuing Education Center. N° other matters were offered for discussion, and Mr. Fisher declared the meeting adjourned at ~:08 P. M. Chairman