1976-06-09June 2, 1976 (Regular - Night Meeting)
June 9, ~976 (Regular - Day Meeting)
Mr. Fisher noted receipt of a communication from C&P Telephone Company showing their
request to the State Corporation Commission for an increase in tariffs in restructuring
intra-state toll charges.
Dr. Iachetta asked the status of roads in Woodbrook Subdivision, Section !0. Mr. St.
John said he did not know, but that the building permit moratorium is still in effect.
Agenda Item No. 4. At 8:53 P.M. motion was offered by Dr. Iachetta, seconded by Mr.
Roudabush, to adjourn into executive session to discuss personnel matters. The motion
carried by the vote which follows:
AYES: ~Mrs. David and Messrs. Fisher, Henley, Iachetta and Roudbuah.
NAYS: None.
ABSENT: Mr. Dorrier.
The Board reconvened at 9:30 P.M. and immediately adjourned.
Chairman
J~ne 9, 1976 (Regular - Day Meeting)
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held
on June 9, 1976, at 9:00 A.M. in the Board Room of the County Office Building, Charlottes-
ville, Virginia.
Present: Mrs. Opal D. David and Messrs. Gerald E. Fisher, J. T. Henley, Jr.,
F. Anthony Iachetta and W. S. Roudabush.
Absent: Mr. Lindsay G. Dorrier, Jr.
Officers present:
St. John.
County Executive, Guy B. Agnor, Jr. and County Attorney, George R.
Agenda Item No. 1. The meeting was called to order by the Chairman.
Agenda Item No. 2. Highway Matters.
Mr. Robert W. Warner, Resident Highway Engineer, announced that he had been transferred
to another locality With that transfer being effective June 1, 1976. Mr. Warner said he has
enjoyed the time he spent in Albemarle and appreciated the Board's cooperation and spirit in
.working to resolve some of the highway problems in Albemarle. Mr. Fisher noted the Board's
appreciation of Mr. Warner's work within a very limited highway budget.
Mr. Agnor presented the following letters from the Virginia Department of Highways and
Transportation:
"May 27, 1976
As requested in resolution of your Board on February 19, 1976, the following
sections of road are hereby discontinued as a part of the Secondary System of
Albemarle County. This was confirmed by the Highway Commission at its meeting
on May 20, 1976.
DISCONTINUANCE
Sections 3 and 4 of old location Route 745 at left of
Station 1009+10 and at right of Station 1011+00,
Project 6029-002-111,C-501.
Mr. Fisher said they
LENGTH
0.07 Mi."
June 3, 1976
As requested in resolution by your Board on January 15, 1976, the following
additions to the Secondary System of Albemarle County are hereby approved,
effective July 1, 1976.
ADDITIONS LENGTH
Old Forge Road - From: Route 656 West
1,714.74' to cul-de-sac. 0.32 Mi.
Sturbridge Road - From: Old Forge Road to cul-de-sac. 0.15 Mi.
Cannon Place - From: Sturbridge Road to cul-de-sac. 0.08~Mi.
Whetstone Place - From: Sturbridge Road to cul-de-sac. 0.06 Mi."
Mr. Agnor asked the status of negotiations on Route 637 South.
are incomplete.
June 9, 1976 (Regular - Day Meeting)
Mrs. David asked if the loose gravel surface on Old Forge Road was the proper type of
surface. Mr. Perry said yes~ after the loose gravel is thrown from the road by traffic, the
road will be almost like asphalt.
Dr. Iachetta asked if all matters relating to Four Seasons roads have been resolved.
Mr. Perry said revised plans are needed from Da!ey Craig. The Highway Department has a copy
of the plans with all of the revisions shown. Some additional field work is required. They
will try to have all information in Richmond by July 1.
Dr. Iachetta asked about the roads in Section 10 of Woodbrook. Mr. St. John said the
arrangement that has been worked out will enable the roads to be completed with the money
for the work coming from the bankruptcy. The only leverage the County now has is the bond
money which was posted for Section 9 and that section is ready for acceptance into the State
System. Mr. Perry said Fred ?ayne had asked if there would be any problem in taking both
sections at the same time. He said there would not be, however, the bankrupty attorney, Mr.
Lindstrom has not given all needed information to the Highway Department at this time. Dr.
Iachetta said the streets in Section 10 have been cut and never patched. He has no answer
to give citizens calling asking what can be done about this situation. Mr. Warner said Mr.
Johnson with Equitable is in the process of making contractu~al arrangments for completion
of Section 10. Mr. St. John said the only leverage the County has over Claude Cotton's
successor is the bond held by the County on Section 9 which was more than adequate for the
work done on that section. The roads in Section 10 were never bonded. There is a sum of
money left from the bond and the County has told Equitable that this money will not be given
to the bankruptcy court, but the County will litigate the question if necessary. The
bankrupty judge took a different position and said the County could not do this; the money
should be given back and spread among the creditors. The County has a building permit
moratorium in effect at this time and can also refuse to issue occupancy permits on the
houses which remain unsold. Mr. Roudabush said the problems with Section 10 might resolve
themselves because of Equitable's equity in the property, but if Section 9 is not in the
State System by July 1 someone might have to post a maintenance bond. Mr. St. John said the
County has refused to let this bond be taken from the bond money held. Mr. Warner said that
is one holdup. No one has been able to resolve who will put up the performance money. The
physical features of the roads are correct. That may be the reason Mr. Lindstrom has not
turned in all the necessary paperwork. If the roads are taken in effective July 1, no
maintenance fee will be required. Mr. Perry asked the Board's position on the bond held on
Section 9 if that section is taken in-separately. Mr. St. John said the bankruptcy judge
has said that he will then take the rest of the bond money. Mr. Fisher said to withhold
building permits is one thing, but to allow a person to go into debt and then not issue a
certificate of occupancy is another thing. Mr. St. John said he felt the way this is
presently being handled is the safest way to proceed.
Mr. Fisher asked about the bridge presently under construction on the Route 250 Bypass~.
Mr. Perry said the bridge is in need of repairs. The contractor proposes to repair rather
than replace a metal span which was defective. The Highway Department has said they will
allow this if the contractor posts a performance bond for ten years to guarantee the work.
Until this is resolved, the matter is in limbo.
Mr. Perry said projects had been set up for Route 824 at Yancey's Mill and Route 744 in
the Rivanna District. The Highway Department has been ~ unable to obtain the necessary
rights of way. This money should be shifted to other projects rather than waiting any
longer.
Mr. Perry said a decision is needed from the Board on Georgetown Road. If the right of
way needed cannot be obtained, he must advise Richmond of the difficulties involved. The
sight distance problems with the curve have been resolved. Dr. Iachetta said he and Mrs.
David would try to talk with Mrs. Word immediately.
Dr. Iachetta asked if the project contemplated on Route 643 would still be completed if
rights of way can be obtained from certain property owners. Mr. Perry said yes.
Mrs. David asked if right of way taken for a major highway which is never used can be
returned to the property owners. Mr. Perry said at times it has been, but the Highway
Department has to be concerned with the ultimate design of the road.
Mr. Fisher noted that the Board has received a copy of the 1976-77 Tentative Allocations
'for 'Int'ers't'~t'e~'Primary and Urban ConstrUction.
Mr. St. John asked that the Board discuss the roads in Woodbrook Subdivision again and
impose a moratorium on certificates of occupancy for Section 10. If that is not agreeable
to the Board, to enact as an alternative a resolution to the effect that the work in Section
10 should be completed by a certain deadline. Mr. St. John said his office or the-Planning
Office can send registered letters to every lot owner in Woodbrook explaining the moratorium.
Mr. Agnor said Mr. Johnson of ~uitable told him three weeks ago that he is pro.ceeding with
a contract for construction of the road. Not knowing the status of that contract today,
he felt the Board should wait until next Wednesday before enactin~ such a resolution.
June 9, 1976 (Regular - Day Meeting)
matter and to request a reply from them on the status of the contract by June 16.
motion was seconded by Mrs. David and carried by the following recorded vote:
The
AYES:
NAYS:
ABSENT:
Mrs. David and Messrs. Fisher, Henley, Iachetta and Roudabush.
None.
Mr. Dorrier.
Mr. J. Harvey Bailey, County Engineer, was present to discuss the Chris Greene Lake
Road. A bond was posted in 1972 by Mr. Stephen McClellan for certain improvements to the
road at the time when lands were subdivided along this road. Mr. Preston Stallings has now
posted a bond to insure certain construction for lands recently subdivided. If this work is
not undertaken at this time, the money may not be sufficient. In April, the Board had
directed the staff to stress to Messrs. McClellan and Stallings the necessity to complete
this work. Mr. McClellan has shown no incentive to complete his part of the work. Mr.
B~iley asked if the County could reach an agreement with Mr. McClellan and Mr. Stallings to
use the bond money posted and the County complete the work in order to expedite the matter.
Mr. Bailey said the staff time involved in going this direct route, with the Highway Depart-
ment's help, may be less than the staff time used over a number of years. Mr. Fisher said
the bond was posted to insure against the failure of the owner to complete the work. If the
county gets in a position of routinely exercising a bond, then the intent of the Subdivision
Ordinance has been violated. Mr. Bailey said the County has additional interest in this
road because of Chris Greene ~ake. The County will have to maintain the road for that use.
Mr. St. John said the only means to insure that the work will be done is to withhold certific
of occupancy and building permits. This is a special case because of Chris Greene Lake
and he did not feel the County would be setting a precedent. Mr. Roudabush suggested that
-the Board instruct the County Engineer to contact Mr. McClellan, explain the four-year time
span the bond has been held and see if he will consent to having Mr. Stallings complete the
work along with work Mr.~Stallings must now do on his section of the road. Mr. Henley said
he felt this was a waste of time and offered motion to call Mr. McClellan's bond and to
apply the proceeds to construction of the road to State standards. The motion was seconded
by Dr. Iache~ta.
Mr. Agnor said he felt Mr. Bailey was requesting that the County take the proceeds from
both bonds and apply the money to a construction project to be supervised by the County.
Mr. Roudabush has suggested that the proceeds of Mr. McClellan's bond be offered to Mr.
Stallings for construction.
Mr. Roudabush said approval of Mr. Stallings subdivision was conditioned on the road
being brought up to State Standards'. He asked if the bond is sufficient for all of the
work or only the additional work. Mr. Tucker said the bond is for work from the end of Mr.
McClellan's property to the turnaround at County property. Mr. Roudabush said he did not
want to call the bond for fear of setting a precedent and felt the Board could accomplish
the same end by simply contacting Mr. McClellan. Mrs. David suggested that Mr. McClellan
agree to the transfer of funds. Mrs. Agnor said since the bon~ was posted by check, Mr. ~1
McClellan could authorize the Director of Finance to cash the check. Mr. St. John~~
check is cashed, the County has an obligation to put this part of the work up for bids to
see that it is done as cheaply as possible.
Mr. Bailey said his intent was to outline a program to these two developers and have
them agree~to having the work completed by the Highway Department. In view of the circum-
stances, he proposed that Mr. McClellan's bond be made available for the work with Mr.
Stallings letting a contract. This would relieve Mr. McClellan of any further responsibility
by letting Mr.~ Stallings use the money to bring the road up to standard. Mr. Fisher asked
who would request the Highway Department to take the road into the system after its compietio
Mr. St. John said Mr. Stallings would do this. Mr. Perry said even if the County calls Mr.
McClellan's bond, he was not sure this would relieve him of the responsibility of continuing
the process to see that the road is taken into the State System.
Mr. Agnor said he understood the Board's concern with becoming involved in this situatio
but this is a special case. It would be simpler to ask Mr. McClellan to voluntarily relinqui
the money, and if he will not do this, to call the bond. Then take Mr. Stallings bond, Mr~
McClellan's money, bid the project, build the road and request that the road be accepted
into the Highway System. Mr. Bailey does not anticipate that these gentlemen will cooperate
together to get the road into the system.
At the suggestion of the Chairman, Mr. Henley then amended his motion to add that Mr.
Agnor and Mr Bailey should proceed as Mr. Agnor had described above. The amended motion was
seconded by Dr. Iachetta and carried by the following recorded vote:
AYES: Mrs. David and Messrs. Fisher, Henley, Iachetta and Roudabush.
NAYS: None.
ABSENT: Mr. Dorrier.
Agenda Item No. 3. Request from Walter CuShman to review the County's policy on centraZ
well permits.
Mr. Fred Landess was present to represent Mr. Walter Cushman of Cushman Real~y~and
Building Corporation, owner and operator of the central well system in Meriwether Hills and
Lewis Hills. He said in 1972, Mr. Cushman was before the Board of Supervisors requesting a
conditional use permit for a central water system in Meriwether Hills. At that time, the
Board approved a permit for well number one to serve 52 lots in Meriwether Hills. At that
same time, an agreement between the County and Cushman Realty was entered into providing
that at any time Mr. Cushman was unable to maintain the system under the requirements of the
Virginia State Health Department, he would dedicate the well, pumps and all pipes to the
County. Later, Mr. Cushman developed land across the creek in Lewis Hil~ West. A second
well was drilled and a request for another CUP was made to add this second well as part of
the central system. At the time of this second application, the Board stated that their
policy for the future on all privately owned water systems would be a minimum flow of one
gallon per minute per unit to be served. The Board ~a~pr~wed o~ty ~ 79 units to be served
by the central well/although the total flow measured over 48 hours from both wells tested
256
June 9, 1976 (Regular - Day Meeting)
out at 53 g.p.m. There are now 58 units hooke~d to that system. Mr. Landess said he feels
the Board adopted this one gallon per minute per unit policy as a guess~because the County
had purchased several private water systems which were not too good. The State Health
Department and F.HoA. both use 1/2 g.p.m, when approving central well systems. This is more
than adequate if proper storage is provided. Basically the request today is to let the
people who are experts be the ones to determine if there is adequate service being provided.
Mr. Cushman said he has kept a log book on this well system since-1972. His figures
will.show that the individual houses use only 1/5th to 1/6th g.p.m. When he drilled his
second well, he put in a 25,000 gallon Storage tank. There are eight fire hydrants in this
subdivision with more to be installed. The second well is just a back up system even though
it is tied into the first well. Mr. Cushman asked that the Board drop their requirement of
one gallon per minute per unit and let the State Health Department run the system according
to their regulations.
Mr. Landess said the State Health Department requires storage of 150 gallons per unit
over a 24-hour period. The 25~000 gallon storage tank will provide for 166 units. There is
also a 5000 gallon pneumatic tank installed primarily to provide pressure.
Mrs. Kirtley, whose land is surrounded by Lewis Hill West, was present topsay that she
is being required by the Health Department to hook into an alternativ~ suPp!yof water becau~
of the placement of the septic tank on her~property. She would like to hook onto Mr. Cushmar
system, but did not think she should be considered one of his customers and requested a
waiver from the Board.
Mr. Fisher said that was a separate request. He understands that Mr. Cushman is
requesting the Board to reduce their policy standard to 1/2 g.p.m, which is the standard Used
the Health Department. Mr. Fisher said his own experience with water systems in.the western
part of Albemarle County does not make him sympathetic to the request, especially after the
County had to spend money to bail out systems that had failed while using the State Health
Department's standards. Mr. J. H. Bailey, County Engineer, said the problem with the wells
in West Leigh andFlordon arose becadse the wells were not properly tested before they were
put into service. Mr. Fisher said the pump down tests may have been accurate in the beginni~
The people he has talked to said that water production declines over a period of time. Mr.
Bailey said the County has no records that show a true pump down test was ever made. The
data on file indicates that no well was tested for longer than four hours. The wells should
have been tested for a minimum of 48 hours, preferably 72 hours, in order to get a true
reading. This is because there may be a limited pocket of water that will feed rapidly into
a well system and it may show to be of sufficient volume if pumped for a limited time.
However, if pumped at such a rate as to exhaust any underground reservoir that feeds quickly
the true recharge rate of the system will be found. In the final analysis, a well depends
upon rain fall and upon such soil conditions or rock conditions that will allow passage of
rain fall through them. The key to using 1/2 gallon per minute Ss the knowledge gained
through pump down tests. The water table, when drawn down, will reach a limit when gravity
will bring only a limited amount of water into any system. The use of 1/2 g.p.m, is con-
servative. ~There is no system in Albemarle CoUnty that uses that rate of water consumption.
Mr. Fisher said Mr. Bailey was talking about average use and not peak flow usage. Mr.
Bailey said ground systems, pump systems, pressure systems and storage tanks are designed to
take care of the fluxations in use and peak demands. As far as a recommendation on this
system, the second well was drilled and tested coupled with the continuing use of the first
well system. Modifications were aIlowed on the true well test so the system could be in
continuous operation. The two wells are close together and are in a manner interconnected.
Because of the Board's policy of one gallon per minute, per unit, it was felt there was a
safety factor involved even by usin~ the wells in that manner. Mr. Fisher asked if Mr.
Bailey was recommending a policy of 1/2 g.p.m. Mr. Bailey said if the testing is done in
the following manner:
Well pumping tests shall begin at a rate which will exhaust underground
storage and be stabilized at the'recharge rate of the well. The capacity
of the well shall be rated as the pumping rate which may be maintained
over the final six hours of testing.
Whenever the apparent recharge rate of a well is 25 g.p.m, or less, the
test may be concluded in 48 hours. Whenever the apparent recharge rate
is greater than 25 g.p.m., the testing must continue through 72 hours
in order for the well to be so rated.
°
In such cases where circumstances prevent the full scope of test
pumping described above (such as when a well must be kept in service
during the test period) the County Engineer may approve a modified
method of testing. The allowable number of connections on a well so
tested shall be limited to one connection per gallon of the well
capacity.
Mr. Roudabush said there are new State regulations in effect which govern both public
and private water systems. In no case can a water system go below the consumption rate of
1/2 g.p.m. There are also storage requirements relating to the number of connections. Dr.
Iachetta asked if the State requirements relate to fire protection for a private system.
Mr. Roudabush said no.
Mr. Robert Tucker, Director of Planning, gave the following history of Mr. Cushman's
central well:
May. 10~_19~2 - CU-IS0 approved to serve 52 units (26 gallons per minute) subject
to additional storage and pipe material being the same as that used by the Service
Authority for possible tie-in to County system. Also a statement of agreement to
be put on plat to dedicate to public use the system at such time as the owner is
unable to operate the system in compliance with the State Health Department.
S
by¸
June 9, 1976 (Regular - Day Meeting)
2,57
August 28, 1974 - S?-382 approved with six conditions: 1. Capacity of one gallon,s/minute/unit;
2. Testing of both wells simultaneously with results to be approved by
the County Engineering Department;
3. County Engineering Department approval of location and size of
water lines;
4. Health Department and State Water Control Board approval of
central well;
5. Statement of agreement;
6. When the pump-down tests are completed, the County Engineer is to
report to the Board of Supervisors the number of units he feels can be
added to the system.
November 12, 1975 - Board of Supervisors approved an additional 27 units, or a
total of 79 units served by the well system of S?-382. This was based on
Engineerihg Department inspection of the pump testing which was performed for
48 hours. The total output for both wells was 53 .gallons per minute.
Present testing - 53 gallons per minute less original approval -
26 gallons per minute ~ 1/2 ~allon/minute/unit = 52 units
27 gallons per minute ~ I gallon/minute/unit = 27 units
TOTAL = 79 units
To date there are 57 connections to the well system based on the quarterly
report of 5/6/76. There have been 68 building permits issued on the well
system as of 6/1/76.
The following lots have received final approval and have access to the
well system:
Meriwether Hills
Meriwether North
Lewis Hill Section 1
Lewis Hill West (Stowe Court)
Lewis Hill Section 2
TOTAL
42 lots
35 lots
7 lot s
7 lots
3 lots
94 lots approved
The following lots are awaiting final signature:
Lewis Hill West (Vinton Court)
Lewis Hill Section 2
TOTAL
7 lots
3 lots
10 lots
The Building Inspections Department has been instructed to issue only
79 building permits on this well until there is a change in status of
the well.
Mr. Fisher said the public water system is in close proximity to Mr. Cushman's property.
When .this request first came to the Board, some members felt there should be no private
systems allowed in the County. An agreement was finally reached with Mr. Cushman which said
that if the well no longer produced sufficient water, the system would be donated to the
Albemarle County Service Authority, if they would accept the system. In the past, the Board
relied on the Health Department to set standards for private water systems and these standard
were not adequate, therefore, the Board established its own policy. Mr. Fisher said he knew
of no system which had failed while using the one gallon per minute, per unit policy.
Mr. St. John said Virginia Code Section 15.1-343 says the Board must approve or dis~
approve central water systems, but sets out no standards to be used. He asked if the testing
requirements set out by Mr. Bailey will guarantee that an adequate supply of water will be
available during different periods of weather. Mr. Bailey said the 48 hour or the 72 hour
test represents fairly reasonable data on which to rely. Dr. Iachetta said the 1/2 g.p.m.
standard does not attempt to address the question of a falling water table or the question
of water for fighting fires.
Mrs. David asked if it would not be desirable for Mr. Cushman to connect to the public
water system. Mr. Fisher said Mr. Cushman does not want to do that and the Board cannot
force him to connect to the public water system. Mr. Roudabush said before approving Mr.
Bailey's recommendations, he would like to obtain information on the experience of other
localities on draw down and related problems.
Mr. Fisher said the Board's policy does not relate to just Mr. Cushman's water system,
but applies to all such systems in the County. The policy has provided uniform treatment to
all because the general citizenry of the County would have to pay the expense of connecting
such systems to the public water supply if these systems fail. Dr. Iachetta said the Crozet
system failed when it was fed by wells; likewise, Jefferson Village. He asked for a history
of such cases in the County before making any change in policy. Mr. Fisher then requested
that this matter be deferred until July 14.
Agenda Item No. 4. Other matters, not on the agenda, from the public.
Ms. Dorothy Speidel read the following statement for Citizens for Albemarle:
"Citizens.for Albemarle wants to bring before this Board a matter concerning
our new RPN ordinance. While the clustering and mixing of housing types
may be a desirable planning concept, we want to remind the Board that RPN's
with their townhouses, duplexes and apartment buildings can be located in
all residential areas of the County including those now allowing only
single-family dwellings; that is in A-I, RS-1 and R-1.
2:58
June 9, 1976 (Regular - Day Meeting)
Because we feel the Board may be under great pressure to approve RPN's with
apartment buildings on lands surrounded by single-family developments, we
ask the Board to reduce the maximum height allowed by right in the RPN to 35
feet in the following zones: A-i, RS-i, R-1 and perhaps R-2.
We also request that a maximum height of 50 feet be allowed through special
permit when the Planning Commission and the Board feel a height greater than
35 feet is desirable due to special circumstances (such as adjoining land
that is R-3.)"
Mr. Fisher said this was discussed when the petition for Ednam was before the Board.
At that time, the Board realized they had adopted the RPN zone, a residential zone, which
allows building heights of 65 feet. Mrs. David agreed that there should be more Conformity
with heights in adjacent districts, but if the matter is forwarded to the Planning Commission
for review, she asked that they look at the heights allowed in the zone proper since she did
not feel RPN restrictions should be more limited than those in the zone proper. Mr. Tucker
said this was discussed by the Planning Commission during their .initial review. They were
trying to find a minimum height of buildings where it would be economically feasible to
provide an elevator. This was estimated to be 50 feet.
Motion was then offered by Dr. Iachetta, seconded by Mrs. David to adopt the following
resolution:
BE IT RESOLVED that the Board of SUpervisors of Albemarle County,
Virginia, does hereby request the Planning Commission to examine the
question of height by right in the Residential Planned Neighborhood (RPN)
zone and to provide such recommendation to 'the Board of Supervisors at the
earliest possible date. ~
The motion carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Mrs. David and Messrs. Fisher, Henley, Iachetta and Roudabush.
None.
Mr. Dorrier.
Agenda Item No. 5. Sam Pruett - Regional Criminal Justice Plan. Mr. Pruett said the
Planning District Commission presents any regionally significant document to the Board of
Supervisors for their review and comment. The Regional Criminal Justice Plan is prepared
annually and serves two purposes: (1) to identify projects for which Federal funds will be
requested under the Crime Control Act of 1973, and (2) to provide information to governmental
agencies and to the general public on the status of the criminal Justice system and what
steps can be taken to improve that system. Before any funds can be received under the Crime
Control Act of 1973, the regional plan has to be submitted to the Division of Justice and
Crime Prevention.
Mr. Fisher said the summary shows some facts which the Board should be aware of. There
is a strong relationship between population density and the crime rate. In futureoyears, the
crime rate will be greater in Albemarle County than the City. One of the greatest needs in
the Planning District will be manpower for the Sheriff's departments. Mr. Fisher asked if
the Board needs to endorse this plan. Mr. Pruett requested that the Board adopt the followin
resolution:
WHEREAS, the Thomas Jefferson Planning District Commission has prepared a
"Regional Plan for Improvement of the Criminal Justice System: FY 76-77" in
accordance with the Federal Crime Control Act of 1973; and
WHEREAS this plan has been approved by the Regional Criminal Justice Advisory
Council upon which the Albemarle County Board of Supervisors is ably represented;
and
WHEREAS endorsement of this plan is in the best interest of the citizens of
Albemarle;
THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors does
approve and endorse the Thomas Jefferson Planning District Commission's "Regional
Plan for Improvement of the Criminal Justice System: FY 76-77" as presented to
the Albemarle County Board of Supervisors on June 9, 1976.
Motion to adopt the foregoing resolution was offered by Dr. Iachetta, seconded by Mr.
Roudabush and carried by the following recorded vote:
AYES: Mrs. David and Messrs. Fisher, Henley, Iachetta and Roudabush.
NAYS: None.
ABSENT: Mr. Dorrier.
Agenda Item No. 8. Request for an antenna site on Mint Springs Park property.
Mr. Fisher noted receipt of the following letter:
"May 12, 1976
Mr. Gerald Fisher, Chairman Albemarle County Board of Supervisors
County Office Building, c. CharlottesVille, Virginia 22901
Dear Mr. Fisher:
During the years that I have been involved with radio broadcasting in the
Charlottesville-Albemarle County area, and particularly since I purchased
radio station WPED, Crozet, Virginia, nearly two years ago, the need for
improved and increased local radio broadcast facilities has become increasingly
June 9, 1976 (Regular - Day Meeting)
25,9
Several months ago, I engaged the services of a most talented broadcast engineer
in an attempt to do all I could to correct this situation through the construction
of a new FM station. Many obstacles have been overcome. There are still a few
serious problems to be solved with the most serious being that of a tower/antenna
and transmitter site. Due to the restrictions placed upon such a project by the
National Radio Astronomy Observatory at Green Bank, the Naval Research Laboratory,
and the Federal Communications Commission, the site for such tower/antenna and
transmitter has been narrowed to a portion of the eastern slope of Buck's Elbow
Mountain, specifically and ideally, the west peak of Little Yellow Mountain. This
exact spot is owned by Albemarle County and is a part of Mint Springs Park. There-
fore, I am submitting this communication to you as a petition, subject to the
approval of the Federal Con~unications Commission, for authority to erect and
maintain the necessary named facility at the aforementioned site.
The following is submitted for your consideration:
The amount of land needed to erect a unipole tower on which to mount the
necessary antenna and to construct a~ small (approximately 10' x 14') trans-
mitter building would be less than one-half acre of land.
The self-supporting tower would be some 150 - 200 feet in height.
tree height is currently about 75 feet.
Surrounding
An underground electric transmission cable would be brought in from the
Southwest (Crown Orchard property) for a distance of approximately one-fifth
mile off overhead service.
4. Access to the site for construction would be required.
Long term access for weekly service, maintenance, etc. would also be a
definite requirement.
This tower/antenna and transmitter building could be located on Crown
Orchard property which is only a few feet from the above requested site.
However, this location would require a tower of some 50 - 75 feet higher
in order to obtain the same altitute. Also, it would be in an open field
and not as well camouflaged from park visitors.
A directional antenna will be used to prevent interference with the
radio quiet zone. This suppresses radiation towards the west and north.
The Blue Ridge Mountains further restrict radiation in these directions.
Your approval of this petition will offer the first FM and full time broad-
cast service to Lovingston, Virginia and portions of Nelson, Amherst and
Buckingham Counties. This will provide the first FM service for 7,380
persons in a 380 square mile area. Also, this will provide the second
FM service for 20,230 persons living in portions of Nelson, Louisa, Fluvanna,
Buckingham, Greene, Madison and Albemarle Counties, which comprises some
925 square miles. Since the station would be licensed to Crozet, the
greatest area of service would be Western Albemarle County.
Due to the many restrictions placed on the construction of my proposed
facility by the aforementioned Federal agencies, one of the areas
mentioned above must be utilized if a station is to be built, resulting
in the above described improvements to many thousands of persons.
The consideration by yourself and the County Board of Supervisors for the requested
authority will be greatly appreciated. I will be most grateful to meet with you at
your convenience to answer any other questions that you might have.
I shall be looking forward to your earliest possible response.
Sincerely yours,
(Signed) W. Edward McClenahan
President and General Manager"
Mr. Fisher said he had asked that this request be placed on the agenda so the Board
could discuss the matter in relation to the use of the County's Park system and decide if a
special permit would be required. He had requested a recommendation from the Parks Committee.
Mr. McClenahan was present. He said that when the new high school is built in western
Albemarle County, there will be no facilities to serve the nighttime activities such as
basketball games. This new facility would afford electronic communications to the high
school. The request is basically explained in the letter. There would be no persons regular[
visiting or working on the site. Electric power would be brought in from Crown Orchard
Lands off to the southwest corner of the site. This type of operation must be built and
operated by a financially viable operation which is ready to support the station for a long
period of time.
Mr. Lee Garlock, engineer for Mr. McClenahan was present, and explained the technical
aspects of the request.
Mr. Fisher then referred to the following memorandum from Mr. David Morris, Chairman of
the Parks Committee, said memo dated June ~, 1976:
"The Parks Committee passed the following resolution at its meeting of
May 24, 1976:
It is the unanimous opinion of the Parks Committee that the request to the
Board of Supervisors by Mr. Edward McClenahan to locate an FM Radio Tower
260
June 9, 1976 (Regular - Day Meeting)
The Committee feels that the proposed location of an FM antenna is
not in accord with any existing or proposed uses of Mint.Springs Park.
That the protrusion of antenna about the tree line of the park would be
detrimental to the aesthetics and natural beauty of the area.
That the gratuity of access andTor easements across park land would increase
maintenance problems in an area that is now used as a nature trail.
That an affirmative answer to this request would establish a precedent to
allow activities which 'are not in the best interests of a public recreation
area.
That an installation of this type, because of the high voltage required
for its operation, would present a safety hazard to park users."
Dr. Iachetta asked if the Parks Committee had considered the appearance of the tower
i~ same is erected on adjacent property instead of the Parks property. Mr. Morris said they
had taken note that the~structure involved might'be taller. Mr. Henley asked where the
tower was proposed to be located. Mr. McClenahan said it would be on the west peak of Little
Yellow Mountain to the west of the nature trail. The tower could be placed on Crown Orchard
land about 50 or 60 feet away from this site, but the terrain drops off so rapidly that it
would require about 75 feet more of antenna to obtain the same altitute.
Mr. Fisher said he was concerned about the use of public lands for private purposes and
the precedent it would set. Mr. RoudabuSh felt the request was contradictory to the purposes
for which the park was established. Dr. iachetta felt this would be inconsistent with the
planned use of a public park and said he would not be in favor of granting the request.
Mrs. David said it did not seem to be a good use of park land. Mr. Henley said he was not
sure there would be a problem until he had seen the exact location proposed. Mr. Agnor
asked if the Parks Committee had any future use planned for that particular area of the
park. Mr. Morris said they have considered developing picnicking, hiking, and nature trails
in conjunction with the Appalachian Trail although such plans are not drawn at this time.
Mr. Henley said he would not be against the proposal if the tower did not create a problem
for the park. Mr. Fisher said Mr. McClenahan has indicated that the tower can be placed on
Crown Orchard property which is outside of the park. At this point, the matter was closed
and no action was taken.
Agenda Item No. 10. Terry Ricks - Regional Health Disaster Plan. Mr. Ricks said the
plan was drawn in compliance with the emergency~medical plan at the University of Virginia.
The plan is simple, lacks formality and is not as comprehensive as the United States Civil
Defense Department would like it to be. Mr. Ricks said he is unclear as to the role the
Charlottesville-Albemarle office of emergency services will take in the next few years. If
it has increased activities with someone working full-time, this plan should be used as part
of a larger plan. The plan should be revised annually or semi-annually. Mr. Agnor said Ms.
Linda Nesbit is rewriting the Albemarle County Plan which will be incorporated as an annex.
He suggested that the Board receive the report and refer it to Ms. Nesbit.
Motion was offered by Dr. Iachetta to accept the Regional Health Disaster Plan and
refer it to the Emergency SerVices Office for study and incorporation into the Albemarle
County Plan, if possible. The motion was seconded by Mr. Roudabush and carried by the
following recorded vote:
AYES: Mrs. David and Messrs. Fisher, Henley, Iachetta and Roudabush.
NAYS: None.
ABSENT: Mr. Dorrier.
At 12:28 P.M., the Board recessed for lunch and reconvened at 1:30 P.M.
'did not return to the meeting.)
(Mr. Henley
Agenda Item No. 22. Discussion: Annexation. Delegate Thpmas J. Michie, Jr. was
present to report on the findings of the Stuart Commission which has been studying County/City
relationships. At the end of this discussion (3:00 P.M.), the Board recessed and reconvened
at 3:10 P.M.
Agenda Item No 12a. ppropriat!on~O'o~un~y~t.t.o~y. Mr Ray Jones, Director of Finance,
noted that appropriations are needed to pay the annual dues of the County Attorney to the
Local Government Attorneys of Virginia; xeroxing of materials for the Fleming case; and
depositions taken by a court reporter for the Fleming case· Motion was then offered by Dr.
Iachetta to adopt the following resolution:
BE IT RESOLVED by the Board of Supervisors of Albemarle County,
Virginia, that $1,262.16 be, and the same hereby is appropriated from
the General Fund and transferred to the General Operating Fund and
coded as follows:
I-A-103.1 Professional Services-Board of Supervisors $ 346.90
1-H-206 Dues and Subscriptions-County Attorney 300.00
1-H-319 Office Supplies-County Attorney 615.26
The foregoing motion was seconded by Mr. Roudabush and carried by the following recorded
AYES: Mrs. David and Messrs. Fisher, Iachetta and Roudabush.
NAYS: None.
ABSENT: Mr. Dorrier and Mr. Henley.
ore:
June 9, 1976 (Regular - Day Meeting)
Agenda Item No. 12b. Appropriation-Fire Marshall. Mr. Jones said an appropriation of
$1,200.07 is needed to cover certain overexpenditu~es and under appropriations for the
Fire Marshal's Office. Motion was offered by Pr. Iachetta, seconded by Mrs. David to adopt
the following resolution:
BE IT RESOLVED by the Board of Supervisors of Albemarle County,
Virginia, that $1,200.07 be, and the same hereby is, appropriated
from the General Fund, transferred to the General Operating Fund and
coded as follows:
7-D-218
7-D-319
?-D-405
Telephone, Telegraph & Postage
Stationery & Printed Forms
Furniture and Equipment
$ 175.00
285.00
740.07
The motion carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Mrs. David and Messrs. Fisher, Iachetta and Roudabush.
None.
Mr. Dorrier and Mr. Henley.
Agenda Item No. 12c. Appropriation-Sanitary Landfill #1. Mr. Jones said the current
budget carries an appropriation of $89,756 for the Ivy Landfill. As of April 30th, the
expenditures to date amount to $84,771. Mr. Jones said he and the County Engineer have
analyzed these expenditures from data billed by the City and feel an additional appropr~a2ion
of $25,826.00 will be necessary to complete this fiscal year. Motion was then offered by Mr.
Roudabush, seconded by Dr. Iachetta to adopt the following resolution:
BE IT RESOLVED by the Board of Supervisors of Albemarle County,
Virginia, that $25,826.00 be, and the same hereby is appropriated
from the General Fund, transferred to the General Operating Fund,
and coded as follows for expenditures at Sanitary Landfill #!:
10J.la-!09
10J.la-215
!0J.la-255
Operating Personnel
Replacement & Amortization of Equipment
Maintenance and Operation
$12,122.00
3,456.00
10,248.00
The foregoing motion carried by the following recorded vote:
AYES: Mrs. David and Messrs. Fisher, Iachetta and Roudabush.
NAYS: None.
ABSENT: Mr.-Dorrier and Mr. Henley.
Agenda Item No. 12d. Appropriation-Clerk, Circuit Court. Mr. Jones said there are
three items in this budget which are now over-expended. An appropriation of $3;925.00 is
needed to cover these expenses. Motion was offered by Mrs. David, seconded by Dr. Iachetta,
and carried by the following recorded vote, to adopt the following resolution:
AYES: Mrs. David and Messrs. Fisher, Iachetta and Roudabush.
NAYS: None.
ABSENT: Mr. Dorrier and Mr. Henley.
BE IT RESOLVED by the Board of Supervisors-of Albemarle County,
Virginia, that $3,925.00 be, and the same hereby is, appropriated
from the General Fund, transferred to the General Operating Fund, and
coded as follows for expenses of the Clerk of the Circuit Court.
4-a-212 Surety Bonds $ 413.00
4-a-218 Telephone & Postage 512.00
4-a-317 Record Books 3,000.00
Agenda Item No. 12e. Appropriation-VACO Steering Committee on Electric Rates.
Memorandum was received from Mr. George R. Long, Executive Director, Virginia Associ~
of Counties, stating that approximately three years ago, the Virginia Electric and Power
Company notified Virginia counties, cities and towns that it would not renew contracts with
local government units at the electric rates set forth in the contracts. Further, any new
contracts with VEPCO would provide for local governments to pay the same rates then being
paid by commercial electric power consumers. The Association, S Executive Board and repre-
sentatives of the Virginia Municipal League, the Association of Virginia Housing Development
Authorities and the Virginia Water and Sewer Authorities Association.had canvassed the
counties to determine if they desired to form a joint effort of the several organizations to
._nego~iate ~!ectric rates for all local governments. The response to the qUestionnaire 'was
o~erw~i~iin favor of joining in such an effort A Steering Committee met to determine
the steps to be taken by the joint organizations. Early in the Steering Committee's con~
ations, the question was raised as to the need for consultant expertise and advice. The firm
of O'Brien and Gere of Syracuse, New York, was retained during the summer of 1973. The VACO
and VML advised their respective members of the progress being made by the Steering Committee
and the need to compensate the consultants. It was suggested that each jurisdiction appro-
priate a payment of three cents per capita based on its current estimated population. The
willing jurisdictions paid a sum sufficient to prepare for and conduct negotiations to defeat
the carried over House of Delegates bill which would have placed local governments under the
SCC, and~to~prepare and make presentations to the Louthan Commission created by resolution of
the General Assembly to study the questions. The rate schedules finally negotiated were
agreed to cover a two year period which will terminate on July 1, 1976. Contact has been
made with VEPCO for negotiation of a new schedule of rates for ensuing fiscal years. The
Steering Committee has determined that there is a new need for consultant services to analyze
the rate schedules, the cost of service to local government, the cost of fossil and nuclear
fuel, the cost of capital, and the rate of return on local government electric power sales.
Ail previously subscribed funds from the counties have been expended, therefore it is sugt
that on a voluntary basis your County appropriate to this joint effort an amount eeua~ to
2G2
June 9, 1976 (Regular - Day Meeting)
this effort, but to appropriate the funds at a later date.
Roudabush and carried by .the following recorded vote:
The motion was seconded by Mr.
AYES: Mrs. David and Messrs. Fisher, Iachetta and Roudabush.
NAYS: None.
ABSENT: Mr. Dorrier and Mr. Henley.
Agenda Item No. 12a. Transfer of Funds-Merit Increases FY-76.
Dr. Iachetta to approve the following transfer of funds:
Motion was offered by
Transfer $14,797.12 from Code 1F-198 to the following codes:
la-109 Board of Supervisors $ 584.64
lb-109 County Executive 181.50
lf-109 Personnel 284.00
lg-109 Purchasing 282.00
2a-109 Real Estate 984.16
2a.1-109 Land Use 234.00
3a-102 Finance 710.64
3a-109 Finance 2,383.36
6a-105 Sheriff 1,721.57
6a-106a Sheriff 451.28
7d-115 Fire Marshal 392.64
10a-109 Engineering 460.00
10b-!09 Inspections 451.28
10b-l13 Inspections .... 810.64
10e-102 Planning 226.49
10e-109 Planning 434.49
10e.l-109 Zoning 234.00
10e.l-l13 Zoning 309.36
10L-123 Parks 407.55
14-119 Maintenance 109.55
18b.5 Extension Service 259.36
80b-109 Social Services 2,573.61
80b-109a Social Services 223.25
The foregoing motion was seconded by Mrs. David and carried by the following recorded
vote:
AYES: Mrs. David and Messrs. Fisher, Iachetta and Roudabush.
NAYS: None.
ABSENT: Mr. Dorrier and Mr. Henley.
Agenda Item~No. 6. Resolution: Delinquent Tax Attorney. Motion was offered by Dr.
Iachetta, seconded by Mrs. David, to adopt the following resolution:
WHEREAS, George Gilmer has been a practicing attorney and member of
the Bar in the State of Virginia, the City of Charlottesville, and Albemarle
County since 1910~ and
WHEREAS, George Gilmer has acted as attorney for Albemarle County for
the collection of delinquent taxes since 194!~ and has now tendered his
resignation from that position;
BE IT RESOLVED as follows:
That the Board of Supervisors of Albemarle County in behalf of all of
the citizens of the County, hereby express sincere respect and appreciation
to Mr. Gilmer. It is hereby recognized that over the years he has devoted
himself to this time-consuming and difficult job in an outstandingly
effective manner, with a minimum of compensation to himself.
This has been only one of Mr. Gilmer's many contributions over a
l~f~time of dedication to his country, his profession, his fellow citizens,
and this community.
It is with sincere appreciation and best wishes that his resignation
is accepted.
The Clerk is requested to make an abstract of the foregoing resolution,
have it property inscribed and embossed, and deliver it to Mr. George Gi!mer.
The foregoing motion carried by the following recorded vote:
AYES: Mrs. David and Messrs. Fisher, Iachetta and Roudabush.
NAYS: None.
ABSENT: Mr. Dorrier and Mr. Henley.
Agenda Item No. 7. Discussion: Equalization of Pay Ordinance. Mr. Fisher said a
request has been received by the Parks Committee several times to be paid mileage for atten~
dance at committee meetings. Motion was offered by Mr. Roudabush that the members of the
Parks committee be reimbursed for mileage. No second was received. Motion was then offered
by Dr. Iachetta to defer discussion of this matter until Mr. Dorrier was present. The motion
was seconded by Mr. Roudabush and carried by the following recorded vote:
AYES: Mrs. David and Messrs. Fisher, Iachetta and Roudabush.
NAYS: None.
ABSENT: Mr. Dorrier and Mr. Henley.
June 9, 1976 (Regular - Day Meeting)
263
Agenda Item No. 9. Discussion: Cable T.V.
~orwarded a packet of materials on this subject.
to read the materials and study them in detail.
until July.
Mr. Fisher said the Board members had been
Dr. Iachetta said he had not had a chance
He suggested that this matter be deferred
Agenda Item No. 11. Appointments-Dog Wardens.
Motion was offered by Mrs. David, seconded by Dr. Iachetta, to appoint Mr. Sam B.
Robertson as Dog Warden for a term of three years beginning July 1, 1976. The motion
by the following recorded vote:
AYES:
NAYS:
ABSENT:
Mrs. David and Mes~srs. Fisher, Iachetta and Roudabush.
None.
Mr. Dorrier and Mr. Henley.
Motion was offere~d by Dr. Iachetta, seconded by Mr. Roudabush, to appoint Mr. Herman
Dorrier as Deputy Dog Warden for a one year term beginning July 1, 1976. The motion carried
by the recorded vote which follows:
AYES:
NAYS:
ABSENT:
Mrs. David and Messrs. Fisher, Iachetta and Roudabush.
none.
Mr. Dorrier and Mr. Henley.
Agenda Item No. 13. Discussion: Ordinance Requiring Maintenance of Fire Hydrants. Mr
Agnor requested that discussion of this item be postponed until further work can be complete,
by the staff.
Agenda Item No. 14. Monthly Report-Fire Hydrants. Mr. Agnor said there are presently
505 public and private fire hydrants in the County. Three hydrants~have been removed from
the 12" raw water line from Beaver Creek to the Crozet filtration plant. One hydrant in Foul
Seasons has been relocated since the last report. Seven hydrants still need tO be relocated
13 need to be raised and 10 need to have threads replaced.
Agenda Item No. 15. Claims against the Dog Tax Fund. Claim was received from Mr.
Charlas Swingler for one purebred'~orkshire pig killed by dogs. On motion by Dr. Iachetta,
seconded by Mr.. Roudabush, Mr. Swingier was allowed $45.00 for this claim. The motion
carried by the following recorded Fote:
AYES:
NAYS:
ABSENT:
Mrs. David and Messrs. Fisher, Ia~hetta and Roudabush.
None.
Mr. Dorrier and Mr. Henley.
Claim was received from Mr. Roy L. Bailey for six ewes and one baby lamb killed by dogs
On motion by Dr. Iachetta, seconded by Mr. Roudabush, Mr. Bailey was allowed $285.00 f~r thi
claim. The motion carried by the following recorded vote:
AYES: Mrs. David and Messrs. Fisher, Ia~hetta and Roudabush.
NAYS: None.
ABSENT: Mr. Dorrier and Mr. Henley.
Agenda Item No. 16. Report of the Department of Social Services for~-the month of
April, 1976 was received in accordance with Virginia Code Section 63.1-52.
Agenda Item No. 17. Regional Jail Report, May, 1976. Statement of expenses incurred
in the maintenance and operation of the regional jail for the month of May, 1976,~_along
with summary~statement of prisoner days, statement of the jail physician, and salaries
of the paramedics and the classification officer were presented. On motion by Dr. Iachetta,
these statements were approved as read. The motion was seconded by Mrs. David and carried
by the following recorded vote:
AYES: Mrs. DaF~d and Messrs. Fisher, Iaehetta and Roudabush.
NAYS: None.
ABSENT: Mr. Dorrier and Mr. Henley.
Agenda Item No. 18. Statement of expenses for the director of finance, the commonwe~
attorney and the sheriff's department for the month of May, 1976 were presented. On motion
by Dr. Iachetta, seconded'by Mr. Roudabush, these statements were approved as read. The
motion carried by the recorded vote which follows:
AYES: Mrs. David and Messrs. F~Sher, Iachetta and Roudabush.
NAYS: None.
ABSENT: Mr. Dorrier and Mr. Henley.
Agenda Item No. 19. Statement of expenses for'~the regional jail for the month of May,
1976 was presented. On motion bY Dr. Iachetta, seconded by Mr. Roudabush, this statement
was approved as read. The motion passed by the vo~e which follows:
AYES:
NAYS:
ABSENT:
Mrs. David and Messrs. Fisher, Iachetta~:and Roudabush.
None.
Mr. Dorrier and Mr. Henley.
June 9, 1976 (Regular - Day-Meeting)
Agenda Item No. 20. Report of the County Executive for the month of May, 1976 was
presented as information.
Agenda Item No. 20a. Audit of Revenue Sharing Funds for the Fiscal Year Ended June 30,
1975, was presented as information.
Agenda Item No. 21. Committee reports from Board ~members.
Planning Commission. Mrs. David said the Planning Commission has been strengthening
procedures used by the site plan review committee, thereby reducing the size. of the Planning
Commission's agendas.
Health Systems Ag.ency. Mrs. David said she is now a member of the Board for the Health
Systems Agency, a member of their Executive Board and a member of their personnel committee
which is reviewing applications for~ executive director and staff. This is one of five such
agencies in the State that will be carrying out a review process under national health
legislation. Once established, this agency will be reviewing applications for Federal
funding for health related items. There will be a sub-area counciI in CharlOttesville.
Transpor.t..ation Restudy Committee. Dr. Iachetta said there have been no meetings of this
committee recently and he is not encouraged that anything useful will come from this stud~!.
Highway Safety Commission. Dr. Iachetta said he had attended a State meeting held on
May 13 in Charlottesville. Although the local committee has not held its first meeting yet,
they will try to decide what traffic oriented problems are associated with planning.
Space Committee. Mr. Roudabush said this committee has not met..
Economic Development Commission. Mr. Roudabush said there will be a meeting on June 22,
1976, at 3:00 P.M. at the Citizens Commonwealth Building.
Comprehensive Plan committee. Mr. Roudkbush said the committee- has contacted ten
prospective planners and received proposals from nine. Four of these were called for inter-
views and the committee reached a con~ensus yesterday on the firm to be hired. The Director
of Planning will make personal contacts with~people for whom the firm has 'worked and it is
hoped a recommendation can be made to the Board next week. There
grant received to be applied toward the cost of'updating the'Comprehensive Plan.
Planning. District Commission. Mr. Fisher said Ms. Sally Thomas, Albemarle County
representative, has been elected Vice-Chairman of the Commission. M~. Roberts from Nelson
County is the Chairman and Mr. Ernest Morris from Fluvanna County is the Treasurer.
Manpower Planning Council. Mr~ Fisher said Mr. Ronald Keeler, Assistant County Planner,
has been designated as his alternate on this committee.
Emergency Medical Services Council. Mr. Fisher said the Council is still trying to
institute a regional radio system. Work is now about one year behind schedule. Towers are
now being erected in Palmyra and Lovingston.
Intergovernmental Committee. Mr. Fisher said he has attended numerous meetings welcomin
people to Charlottesville for the Bicentennial year. At a committee meeting, the use
University of Virginia land around the reservoir was discussed. City Council is concerned
because-the Board has not recommended funding for the Community Action Agency or the~ Con ....
vention Bureau for the next fiscal year. They have requested that~ a joint committee be
appointed to discuss these matters. Mr. Fisher said he could give the Board members some
time to think about this and would appoint a committee later tonight.
Not Docketed. The Board discussed the number of'items scheduled for the June 16 meeting
Mr. St. John suggested that instead of having representatives of Equitable Insurance appear
to discuss the question o£ Woodbrook Roads, that the Board authorize Mr. Agnor and himself to
pursue the issue. Mr. R0udabush then offered motion to rescind the previous ~motion and to
request that the County Executive and the County Attorney contact representatives of Equitabl~
about the Woodbrook Roads and to take whatever administrative action they feel is necessary;
also to notify Mr. Fred Landess that the matter will not be on the agenda of June 16. The
motion, was seconded by Dr. Iachetta and carried by the following recorded vote:
AYES: Mrs. David and Messrs. Fisher~,.Iachetta and Roudabush.
NAYS: None.
ABSENT: Mr. Dorrier and Mr. Henley.
Mr. Fisher said application for Double C ~orpora~ion nas not.been acted on by the
Planning Commission and will not be on their agenda until June 15. Motion was then offered
by~'M~2. ~D~vid 'to defer public hearing on this petition until July 7;-.same to be:readvertised
and all adjacent property owners to be notified of this change in schedule. The motion was
seconded by Dr. Iachetta and carried by the recorded vote which follows:
AYES: Mrs. David and Messrs. Fisher, Iachetta and Roudabush.
NAYS: None.
ABSENT: Mr. Dorrier and Mr. Henley.
Agenda Item No. 22a. Other matters, not on the agenda, from Board and staff members.
Mrs. David requested a set of guidelines on fire hydrant installation. Mr. Agnor said
the County Engineer is in the process of drafting a recommended policy. - -~
June 9,J. 1976~(Regular ~ Day Meeting)
265
Mr. Fisher said he has discussed the use of County vehicles with the County Executive
and need for a policy on use of and identification of same. Dr. Iachetta said the Board
should move toward a policy that no cars go home at night except for several people who are
designated to have 24-hour use of vehicles. Mr. Agnor said he has discussed this with the
staff, but the question has not been resolved.
Mr. Agnor said the position of Zoning Administrator was duly advertised and five people
were interviewed. He recommended for the position Mr. James Benjamin Dick. Motion was
offered by Dr. Iachetta, seconded by Mrs. David, to appoint Mr. Dick as Zoning Administrator
for Albemarle County. The motion carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Mrs. David and Messrs. Fisher, Iachetta and Roudabush.
None.
Mr. Dorrier and Mr. Henley.
Mr. Agnor said the County is experience rated on Blue Cross-Blue Shield insurance. The
County's share of premiums will increase 9.9%, but this is within the recommended appropriati¢
for the next fiscal year. Mr. Agnor said he plans to do an analysis of employee fringe
benefits and hopes to have this completed soon.
~t~5:59 P.M., motion was offered by Dr. Iachetta~ seconded by Mr. Roudabush, to adjourn
this meeting to the Albemarle County Courthouse at 7:30 P.M. The motion carried by the
following recorded vote:
AYES: Mrs. David and Messrs. Fisher, Iachetta and Roudabush.
NAYS: None.
ABSENT: Mr. Dorrier and Mr. Henley.
The meeting reconvened at 7:32 P.M. in the Albemarle County Courthouse with Mr. Henley
present and the County Attorney absent.
Agenda Item No. 23. Public Hearing on Revenue Sharing Funds. Notice of this public
hearing was advertised on May 29 and June 4, 1976, in the Daily Progress.
Mr. Fisher said the Board took action recently to request that the House of Re
support the continuation of general revenue sharing funds. He noted for the record the
following letter:
"June 8, 1976
Thank you for your letter of June 3, with enclosure, which has just come
to my attention. I greatly appreciate knowing of the views of the Board
of Supervisors of the County of Albemarle with regard to Revenue Sharing.
I favor the concept of Revenue Sharing, although I shall have difficulty
voting for it because of the cost. I am greatly concerned over the accumu-
lated and accelerated federal deficits. The federal government this year
will have a deficit of $75 billion, the highest ever.
As you know, the current Revenue Sharing Program is a five-year one and
is funded through 1976. It is likely to be continued for at least
several more years.
With best wishes, I am
Sincerely,
(Signed) Harry F. Byrd, Jr."
Mr. Agnor then introduced the Revenue Sharing proposals from the staff by giving
a brief history of the program. The Revenue Sharing Act currently in effect was adopted
-in 1972 and expires in December, 1976. There was an appropriation of 32.2 billion
dollars for that period of time. The State of Virginia receives about 105 million
dollars a year and two-thirds of this goes to localities. Albemarle County's share
is approximately $600,000 a year over a five-year prior. These funds are-kept separate from
the County's general funds because there are separate accountability requirements on these
funds. Expenditures are .limited to eight categories: public safety, environmental protection
health, recreation, libraries, social services, financial administration, multipurpose/
general government and public transportation. The funds cannot be used as the local share of
funding for projec~ _. using Federal matching monies or construction projects unless the
requirements of the Davis/Bacon Act are met. Within two years of receipt of the money, the
money must be either expended or allocated for a particular use. Albemarle County has
generally~altocated money for non-recurring costs. Most of the funds committed to date are
for capital needs such as: landfills, renovation of the juvenile court building, purchase of
a site for a new library facility, construction in county parks, purchase of a fire engine
and beginning operational costs of the inspections and purchasing departments.
Mr. Ray Jones, Director of Finance, was present. He said the items to be discussed
tonight-are items which have been recommended by the staff. Mr. Fisher asked if it is necessa
for the Board to set items by categories of high, medium and low. Mr. Jones said no, that
was a decision of the Board. The Chairman then called on the public for comments on items as
listed below:
June 9, 1976 (Regular - Day Meeting)
1) CETA Salaries - $38,000 - no comments.
2) Low Income Housing (CHIP Program) - $50,000.
prepared statement:
Mrs. Karen Li!leleht read the fol!owin
"My name is Karen Lilleleht. I am president of the Charlottesville Housing
Foundation. You have essentially two items in your general revenue sharing
budget which I would like to address. The $50,000 in your current entitlement
which is proposed to help fund the CHIP program can be one of the most effective
and inexpensive items for value received of any suggested.
John Taylor knows all there is to know about CHIP since he virtually invented
that program, so I won't go into any of the details of the program except to say
that the Housing Foundation, of which CHIP is a part, spent a number of hours
before CHIP came on the scene wrestling with what was the obvious need for a
housing rehabilitation program in this area and with the equally obvious
difficulties of providing one. CHIP provides a service which no other segment
of the community has been able to provide, and they slave us all money by
retaining in the housing supply units which would otherwise be lost and have
to be replaced at a cost far exceeding what it costs through CHIP to repair
them.
I would also like to urge you to make immediate use of the revenue sharing
money already set aside for hiring a housing coordinator. The job as
originally conceived was largely to locate and free land for individuals
to buy and use with FmHA home loans. It can be just that, but it can also
be much more. Albemarle County needs to look into adopting a housing code
and setting up a public body to hear complaints under the Virginia Tenant
and Landlord Act. Housing is a vital part of the way we plan for the use of
our land, and input from that point of view is necessary as we revise our
comprehensive plan. A housing coordinator could help with the housing aspects
of Community Development applications, and you all know that a viable housing
element is necessary for funding. Such an individual could also look into the
feasibility of land banking for low income housing needs, examine the pros and
cons of setting up a housing authority in the county and help coordinate the
public and private programs currently under weigh.
There is a new law passed and signed this year dealing with allowing localities
to tax certain rehabilitated residential (and commercial) real estate as a
separate class of property, in an effort to encourage rehabilitation -- the
effect of putting this statute to work here would also be an appropriate part
of the housing coordinatorts job.
Last, but not least, if Albemarle were to show some intention of taking care of
its own housing problems, that might relieve some of the acute fears the
surrounding rural counties have that our poor are to be donated to them. It's
pretty clear that they can afford it far less than we can. We might then find
it much easier to cooperate with them on housing and other matters which are of
great concern to all of us."
3) Ivy Landfill Road Improvements (Route 637) - $415,000 - no comments.
4) Ivy Landfill (Maintenance Building) - $35,000 - no comments.
5) Western Albemarle driver education range - $25,000 - no comments.
6) Mental Health Office Building - $22,600 - Mr. Jim Peterson, Coordinator, Mental
.Heal~h Board, said since this request was made to Albemarle County during budget work session~
he has contacted the other localities in Region X and received favorable comments from two of
the localities. Albemarle County's share of the purchase price is $12,338. Virginia National
Bank has agreed to provide the first deed of trust. Two members of the Region X Board have
already executed the papers as co-signers. Mr. Jones noted there is a difference in figures
because he had include~ for the purpose of the public hearing, Albemarle County's total share
of the purchase price. The Board will then have the option to appropriate up to that amount
without further public hearings.
7) County Parks: Mint Springs Comfort Station (Renovation) - $5,000; Chris Greene
Comfort Station (Replacement) - $15,000; Road Improvements - Chris Greene - $i0,000. Mr.
Agnor said the proposal, for 0hris Greene is to replace the comfort station because of inadequa
size and to make the new structure an all-weather facility. The proposal for Mint Springs is
to convert the present facility to an'all-weather facility. The requested amount for road
improvements at Chris Greene .is for the road inside the gate on County property and not for
the road leading into the facility.
8) Electrical System - Courthouse - $30,000 - no comments.
9) Library (Architect's fees) - $50,000 - Present were members of the Library Board,
Mrs. Katherine Hallock, Mrs. Glasselle Jenkins, Mr. James Craig and Mr. Ed Bain. Mrs. Hal!ock
said this request is for one-half of the estimated architectural fees for a new library
building. The Library Board already has pledges amounting to one-quarter of a million dollars
if the building is begun by 1978. They could obtain further pledges if it could be shown
where the money will go. In 1974 the County contributed revenue sharing funds for purchase
of a site for a new library. Even if the.possibility of using the Market Street Post Office
Building for a library is studied, there is no assurance the idea is feasible. A local-
architect has offered to make a study of the Post Office for $8,000. Mr. Ed Bain said the
City has considered on first reading, an appropriation for this, but will leave the final
decision for the new City Council members to make when they take office later this month.
e
June 9, 1976 (Regular - Day Meeting)
Mr. Fisher said while there were members of the Library Board present, he would like to
say that he had received a letter this week from the Library Director in which he indicated
the cuts in services intended for Albemarle County because the Board did not fund the 20%
increase requested just to maintain library services at their current level. Mr. Fisher said
he was outraged and would like to state that the Board of Supervisors has no intention of
having services to its citizens reduced when the Board funded an increase of 15% in operating
costs. Mrs. Hallock said the regional library concept raises this problem. The other
counties also cut back their funding to an extent, but the C~ty funded their share fully.
The major source of the increase is in salaries, but there was also an increase for the
County because there are more Albemarle County users of the library. Mr. Fisher said he felt
this whole question needs to be addressed at a separate meeting and suggested June 16 at 4:00
P.M.
10) Road - Mint Springs Park (Right of way acquisition) - $50,000 - no comments.
11) Urban Fire Station - $450,000 and Fire Station Equipment - $100,000. Dr. Iachetta
said he has discussed this with a member of the Fire Station Committee and feels the question
should b~restudied. He felt the quoted figure is one-half too high.
12) Trash container system - $135,000. This is the appropriation that would be needed
if the County should undertake to run such a system itself. No comments.
13) Feasibility Study - Data Processing - $25,000. Mr. Agnor said this study will tell
the County whether or not it should continue using outside services, purchase a computer or
enter into some sort of arrangement with the City for joint use of a computer system. Mr.
Henley said he was allergic to studies.
Mr. Robert Keller was present and made the following statement:
"There is no question that it is feasible to computerize county records
the same as is being done with business records of all kinds, but
distinction should be made between automating clerical functions and
utilizing a computer for calculation and analysis. It is suggested
that computerized county records would enable the planning commission
to make decisions based on demonstrable impact data and resource
studies. However, there are no existing procedures within the county
for utilizing such computer capability for planning. It has been
implied that computerization of the tax records would improve the
quality of assessments. Real estate ownership records are already
on computer cards for printout of tax notices, but the existing
property descriptions are not in a form that lends itself to digital
recording. The present method of assessment calculation, if computerized,
would not save manpower nor produce anymore accurate results than if
recorded by the recent ratio study which showed that two-thirds of
the assessments in the county do not reflect market value. The computer
itself will not improve the method of assessment. The by word of
computer programming is still "garbage in/garbage out". There are
approaches to assessing that would provide accurate current market
value appraisals whether the records are computerized or not, and
this form of data would lend itself to digital recording, and if
computerized would save manpower and permit s~ch tools as multiple
regression analysis to be applied to appraisals. I suggest that any
initial effort be spent on improving methodology in these areas.
After the procedures are established, computer service would be
feasible and efficient."
14) County Parks: Four Tennis Courts_- $52,000; land acquisition (Chris Greene) -
$30,000. Mr. Agnor said the additional land needed at Chris Greene is for parking of ~motor
vehicles. The Parks ComMittee has received numerous requests for tennis courts, but has not
designated any locations.
15) Juvenile Court (Elks Building Basement Renovation) - $50,000, no comments.
16) County Office Building - Architect's Fees - $90,000, nD comments.
17) Courthouse addition - $130,000, no comments.
18) County Office Building:
no comments.
land acquisition - $250,000; construction - $1,800,000
Mr. Fisher then called on the public for comments on any items not listed by the staff
in the above requests. Mr. Robert Davidson was present making a request for the Community
Action Agency. He requested an appropriation of $3,324 for the special summer feeding
program and recreation program. The special feeding program is administered by U.S.D.A and
is an extension of the national lunch and breakfast feeding programs administered in the
schools. The children must be 18 years old or less and come from the geographical area in'
which their school is located. U.S.D.A. reimburses 815 for each meal served.~ Community
Action needs the requested funds to pay wages for the supervisors who will be in charge of
these programs at the three locations of Esmont, Cismont and North Garden. This is not a
matching funding program and therefore is eligible for Revenue Sharing Funds. Mr. Ray Jones
said a statement is needed from the Community Action Agency giving the particulars of the
program so this can be submitted to the revenue sharing office for approval before appropriati]
any money.
Mr. Charleston Lawton said he will work on the recreation program in conjunction with
the feeding program in order to make use of the limited funds available. This program
provides recreational activities for the economically disadvantaged.
268
June 9, 1976 (Regular - Day Meeting')
Mr. Agnor noted that the Jefferson Area Board on Aging has requested funds from the
County for purchase of a camera to be used for a Senior Discount Program. The camera is
needed for identification purposes. JABA is requesting $1,258 from the City and $1,257 from
the ~ounty.
Mr. Fisher then asked for Board comments on the proposals discussed. Mr. Fisher said
the request from Mental Health is for a downpayment for purchase of a building with the
balance being paid over 15 years as part of their operating expenses. He suggested the
figure be reduced to $12,338 and the item be maintained as a high priority item. Mr. Fisher
said the question of using the Post Office Building for a library should be resolved before
hiring an architect.
Dr. Iachetta said he was astonished at the proposal to spend $600,000 for a two-bay fire
station. He has been told the County could purchase two acres of land for $50,000 if the
land is not on Route 29 proper. He has discussed the type of building needed and suggested
that a sheet metal building would be less expensive. He suggested that the recommended
appropriation be reduced to $350,000. Dr. Iachetta said he will suggest in the near future
that a new committee be appointed to study better means of fire protection for the fund~~
the County now pays to the professional fire company housed in the City.
Mr. Fisher said the proposal on the trash container system was based on a different
philosophy than what he had been considering. He did not feel the Board was considering
buying equipment and hiring personnel to run such a system, but had considered that this
might be a contract operation. He suggested that the proposed amount be left in the revenue
sharing proposals until the question is resolved. Dr. Iachetta said since the County is
involved with the City and the University of Virginia in studying the question of resource
recovery, they may want to do something else in the future and if not totally committed it
will be easier to make a change.
Feasibility study for data processing. It was agreed that this item should remain as
one of the priority items with Mr. Agnor and Mr. Jones deciding at a later date if the study
is really needed.
Mr. Roudabush suggested that the proposal for tennis courts be retitled recreational
facilities. Dr. Iachetta agreed to the change in category title and suggested that this be
put in a lower priority until more planning is completed. He felt some use should be made of
school properties, particu!ary in relatively high dens, areas where schools are within
walking distance.
It was agreed that the requests from Community Action and JABA should be included for
planning purposes.
After a short discussion and by consensus, motion was offered by Dr. Iachetta, seconded
by Mrs. David to set priorities as follows:
High Priority:
1) Funding CETA Salaries (Per 1976-77 Budget) $ 38,000-
2) Low Income Housing (CHIP Program) 50,000
3) Ivy Landfill Road Improvements (Route 637) 415,000
4) Ivy Landfill (Maintenance Building) 35,000
5) Western Albemarle High School Driver Education Range 25,000
6) Mental Health Office Building 12,338
7) County Parks:
Mint Springs Comfort Station (Renovation) $ 5,000
Chris Greene Comfort Station (Replacement) 10,000
Road Improvements - Chris Greene 10,000 25,000
8) Electrical System - Courthouse 10,000
9) Library (Architect's Fees) 50,000
10) Road - Mint Springs (Right of Way Acquisition) 50,000
11) Community Action Summer Feeding & Recreation Program 3,325
12) Senior Discount Program - Camera 2,500
TOTAL $ 721,163
Medium Priority:
13) Fire Station and Equipment $ 350,000
14) Trash Container System 135,000
15) Feasibility Study - Data Processing 25,000
16) County Parks:
Planned Recreational Facilities
Land Acquisition (Chris Greene)
Juvenile Court (Elks Building Basement)
COurthouse Addition
$52,000
30,000 82,000
17) 50,000
18) 130,000
TOTAL '$ 772,000
Low Priority:
19) County Office Building - Architect's Fees $ 90,000
20) County Office Building:
'~ Land Acquisition $ 250,000
Construction 2,004,4375~,254,437
TOTAL ,344,'437
GRAND TOTAL
$3,837,600
The foregoing motion carried by the recorded vote which follows:
AYES: Mrs. David and Messrs. Fisher, Henley, Iachetta and Roudaush.
NAYS: None.
ABSENT: Mr. Dorrier
June 9, 1976 (Regular - Day Meeting)
June 16, 1976 (Afternoon - Adjourned from June 9, 1976)
Not Docketed: Mr. Fisher said the Board had discussed earlier in the day, appointment
of a committee to meet with City Council me~b~r~ to discuss a request for funding for the
Community Action Agency and the Chamber of Comm~r~e~C~n~en~ion!~Bu~a~u. He asked if the
wanted to appoint such a committee. Mr. Roudabush and Dr. Iachetta were appointed.
At 9:50 P.M., motion was offered by Dr. Iachetta, seconded by Mr. Henley, to adjourn
this meeting until June 16, 1976, at 4:00 P.M. in the Board Room of the County Office
The motion carried:
AYES: Mrs. David and Messrs. Fisher, Henley, Iachetta and Roudabush.
NAYS: None.
ABSENT: Mr. Dorrier.
June 16, 1976 (Afternoon Meeting - adjourned from June 9, 1976).
An adjourned meeting of the Board of Supervisors of Albemarle County, vl~E~nia$
was held on June 16, 1976 at 4:00 P.M. in the Board Room of the County Office Building,
Charlottesville, Virginia; sai~!meeting being adjourned from June 9~ 1976.
Present: Mrs. Opal D. David-and Messrs. Lindsay G. Dorrier, Jr. (arrived at 4:58 P.M.)
Gerald E. Fisher, J. T. Henley, Jr., F. Anthony Iachetta, and W. S. Roudabush.
Absent: None.
Officer Present: Mr. Guy B. Agnor, Jr., County Executive.
Agenda Item No. 1.
Fisher.
The meeting was called to order at 4:02 P.M. by the Chairman, Mr.
Agenda Item No. 2. Discussion of Library Budget.
On June 15, 1976, Mr. Fisher, Mr. Guy B. Agnor, Jr., and Mr. Robert Sampson met
with the County representatives on the Library Board and Mr. Christopher DeVan, Library
Director. The purpose of the meeting was discussion of the library budget since the Board
had been informed that because the total budget requested for the fiscal year 1976-77 was not
approved by the Board, County services would be drastically reduced. Mr. Fisher felt the
amount approved by the County for the fiscal year 1976-77 could retain the same level of
library services as in previous years. The Library Board members agreed to investigate
ways of reducing expenditures and to keep an account of expenditures for the first three
months of fiscal year 1977. At the end of the quarter, a revised budget for operations
will be presented. The goal is to keep the expenditures within the amount appropriated by
the County. Mr. Fisher noted a refund would be given to the City since all of their
appropriation would not have to be spent; minor adjustments will be given to other localitie~
Some adjustment will be made in the administrative costs of the Library. Mr. Fisher said,
if necessary, a small appropriation will have to be considered by the Board of Supervisors
during the fiscal year.
Mr. Lloyd Smith, member of the Library Board, said actual expenditures were not
available when the budget was being prepared. When these expenditures became available,
they appeared to be less than last year's allocation. The Library Board feels this will
cover a substantial portion of the operation. He felt a more accurate estimate of
expenditures can be made after the first three months into the fiscal year. The Library
Board will need input from the Board if these expenditures~show that services need to be
reduced after the quarter.
~Mr. Fisher felt the Library Board's preparation of the budget was hampered~by not
having information available on actual expenditures. It was also discovered that audits
of just Library funds have n~t been received by ~he Library Board for some years. ~he
City of Charlottesville acts as fiscal officer for the library and an~audit of library funds
is carried as a fund account in the City's audit.) Mr. Fisher felt all participating localit
and the Library Board should have copies of all audits from its inception. Mr. Smith was
in agreement and of the understanding that a separate audit will be prepared for fiscal
year, 1975-76.
At the request of the Chairman, Dr. Iachetta offered motion to request the City to
furnish copies of the audits for the Jefferson-Madison Regional Library for all the years
since its inception to date. Mrs. David seconded the motion and same carried by the
following recorded vote:
AYES: Mrs. David and Messrs. Fisher, Henley, Iachetta and Roudabush.
NAYS: None.
ABSENT: Mr. Dorrier.
Mr. Fisher then read the following letter from the United States Postal Service into
the record: