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1976-11-10November 10, 1976 A regular meeting of the Board of Supervisors of~Albemarle County, Virginia, was held on November 10, 1976, at 9:00 A.M. in the Board Room of the County Office Building, Charlottesville, Virginia. Present: Mrs. Opal D. David and Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher, J. T. Henley, Jr., F. Anthony !achetta and W. S. Roudabush. Absent: None. Officers Present: John, County Attorney. Mr. Guy B. Agnor, Jr., County Executive and Mr. George R. St. Agenda Item No. 1. Fisher. The meeting was called to order at 9~00 A.M. by the Chairman, Mr. Agenda Item No. 2a. Highway Matters: (Deferred from October 13, 1976). Secondary System Improvement Program. ~ Action on this matter was deferred from October 13, 1977, due to right of way problems on Route 744. Mr.'Roudabush said the problem still exists because all the residents have not consented to giving the necessary right of ~ay. The willing residents have suggested tha' representatives from the Highway Department and himself talk to the unwilling residents in hope that something can be resolved. He asked that this matter be deferred again. Mr. Dan~R~o~evelt, Resident Highway Engineer, suggested the $155,000 allocated for two other projects with right of way problems be transferred to Route 623 from Route 616' to 0.5 miles south of Route 616 and Route 689 from Route 688 to Route 250 which have right of way dedicated. His third recommendation, Route 727 from Route 627 to 1/2 mile south of Route 627, could wait until the matter on Route 744 is resolved. At this time, Mr. Roudabush offered motion to accept the recommendations of the Resident Highway Engineer which is outlined in correspondence dated September 9, 1976, and to also resolve the problems on Route 744 as expeditiously as possible. Dr. Iachetta seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 2b. October 13, 1976.) Highway Matters: Airport Acres Road Review. (Deferred from Mr. Fisher noted this matter was deferred in order for the County Engineer, Mr. J. Harvey Bailey, to review the road and the data contained in the letter from Mr. Roosevelt dated September 24, 1976. (This letter is set out in October 13, 1976 minutes.) Mr. Fisher said the County Engineer had made a written report of his findings, by letter'dat~d October 29, 1976. (This letter is set out on page 448 of November !0, 1976 minutes~)~r z-/~-~? Mr. Roudabush presented a petition he had received from homeowners in Airport Acres indicating their willingness to contribute funds to have the road brought into the Highway System. Money has been raised for construction of the cul-de-sac which does not qualify for~? State participation. Mr. Roudabush felt the report done by the County Engineer favorable to the project. Mr. Bailey recommended ~hat no construction commence until all easements for right of way have been obtained by the County and the County's financial arrangement with "others" completed. Mr. Roudabush suggested establishment of a bank account in the name of Airport Acres and with 'deposits to be made as funds are accumulated. He felt all easements would be given voluntarily. Mr. Roosevelt said the Rural Addition Law allows the Highway Department to bring available funds forward from one fiscal year to the next. ~f funds are available, constructi~ can begin in the spring of 1977. A homeowner asked if construction could start sooner if funds are available. Mr. Roosevelt said construction canno~begin any sooner, but if drainage easements are obtained, maintenance could begin on what is already there and con begin later. Discussion then followed on the procedure for commencing construction of the Motion was then offered by Mr. Roudabush to adopt the following resolution: WHEREAS, property owners in Airpor~'tEcres Subdivision have petitioned t~e Board of Supervisors of Albemarle County for a number of years requesting that the road through this subdivision be taken into the State Secondary System of Highways; and WHEREAS, the Resident Highway Engineer, in a letter dated September 24, 1976, indicated that this road is eliEi~le for acceptance under the Highway Department's Rural Addition~Law and Policy provided that one-half of the Department's estimated cost of developing the streets to minimum standards as established by the Department is donated through the County, and further if initial surface treatment is ~esired, seventy-five percent of the estimated cost thereof shall be donated through~the County; and WHEREAS, the Board of Supervisors has received a petition dated November 2, 1976, containing the signatures of 38 property owners in Airport Acres Subdivision indicating their willingness to contribute to a fund to be used for the pnrpose of brinEing~this?road into the State System; said cost estimated by the Resident Highway Engineer at $25,000, and said property owners have also i~ndicated that they will contr±bute the full cost of bringing a cul-de-sac street in. this subdivision'which does not qualify for State participation into the System; NOW, THEREFORE, BE IT RESOLVED that the Board of S.upe~±sors does hereby accept a report of the County Engineer dated October 29, 1976, (a copy of which November 10, 1976 FURTHER, l) the Board of Supervisors hereby indicates their willingness to recommend that this road be accepted into the State Secondary System of Highways for maintenance as soon as the property owners in Airport Acres have accumulated in a separate bank account their share of this project (estimated at $13,800); 2) the Highway Department is to coordinate this project with the property owners; 3) construction of the road to be undertaken by the Highway Department on April l, 1977, approximately; 4) location of required drainage easements to be ascertained by the Highway Department; 5) surveying and required plats to be accomplished by the County Engineer; and 6) deeds to be prepared by the County Attorney's Office. "Office of County Engineer Report on Road in Airport Acres Subdivision October 29, 1976 Location: Airport Acres is a subdivision located on the west margin of U.S. 29 approximately 0.10 miles north of the intersection of Hwy. 29 and St. Rt. 649 (ProfOOt Road), Rivanna Magisterial Bistrict. Description: The road under review is shown on a plat recorded in the Clerk's Office of the Circuit Court of Albemarle County in D.B. 350-193, recorded on July 10, 1959. The right-of-way width is fifty feet. It's total length is 4,771 feet. Although two names are used, this road runs a continuous loop through the subdivision, from U.S. 29 to U.S. 29. It is one road. Eligibility: This road meets the requirements for addition to the Secondary system under thehRural Addition Law and Policy since the subdivimion it serves was platted within the specified dates, July l, 19~5-November 15, 1959, and since no more than three of the forty lots which front on this road are under one ownership, well within the requirement that no more than_.~%uOf~he~o~s along a street be owned by a subdivider, de~eloper or land speculator. However, the street and cul-de-sac shown on a plat recorded in D.B. 358-5~1 on May 23, 1960 is not eligible. Design and Improvements: Because the road in question joins U.S. 29 at either end, it is assumed that no more than 55% of the traffic will flow one way. This computes to 15~ vehicular trips per day. The minimum improvements required fall within the geometric design standards of Class A roads, described in Section 18-40(c), Supplement #1, 8-76 of the Albemarle County Code. Scope of Project: The Virginia Department of Highways and Transportation Proposes to complete the existing road so as to provide a 20 foot wide pavement composed of a six-inch stone base topped by a prime and double seal wearing surface, four or five-foot wide shoulders and drainage culverts as needed. The Department will make all use practical of the existing grade, base and drainage. Other Requirements- If the existing 50 foot right-of-way has not been dedicated to public use, it must be. D~a~nage easements must be obtained. for the location of utilities (power and telephone) must be obtained. Permits Cost Estimates: The County Engineering Department has made an estimate of the construction costs. Based on the assumption that fifty percent of the base stone is now in place, the County Engineer agrees with the $25,000.00 estimate prepared by the Highway Department. Recommendations: The County Engineer recommends the following: (a) The Board of Supervisors add the road within Airport Acres, shown on a plat recorded in D.B. 350-193, to the secondary road system under the provisions of the Rural Addition Law and Policy. (b) The Virginia Department of Highways and Transportation will define drainage easements wherever they desire them and the County of Albemarle will determine the ownership involved, prepare plat and deeds and obtain said easements for the Department of Highways. (c) The County of Albemarle will be responsible for obtaining from others the funds in addition to the secondary road funds available which are necessary to defray the costs involved in performing the work of construction, obtaining easements and other items of cost incidental to the completion of the project. (d) No work on the improvements to the road will be started by the Department of Highways until all easements for right-of-way have been obtained by the County and the County's financial arrangements with 'others' completed. Respectfully submitted, (Signed) J. Harvey Bailey County Engineer" Dr. Iachetta seconded the foregoing motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Pisher, Henley, Iachetta and Roudabush. NOne. Agenda Item No. 2c. Highway Matters: Street Signs--Wakefield Subdivision. Mr. Agnor noted request received from Mrs. John R. Derr, Jr., along with signatures of adjacent property owners, for erection of street signs to identify Rio Road and Wakefield Road at their intersection. Motion was offered' by Dr. !achetta, seconded by Mrs. David to November 10, 1976 WHEREAS, request has been received for street signs to identify Rio Ro~d~(2ta2e Route 631) and Wakefield Road (State Route 1401) at their in$~rsec~!~n on the west side of'State Route 631; and WHEREAS, residents of Wakefield Subdivision have agreed to purchase ~hese signs through the Office of the County Executive and to conform to standards set by the State Department of Highways and Transportation; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the Virginia Department of Highways and Transportation be and the same is hereby requested to install and maintain the above mentioned~street~'Signs. The foregoing motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 2e. Highway Matters: Route 637--Federal funds. Mr. Fisher said this item came to the Planning Commission in November for $196,000 in Federal Highway Funds for complete reconstruction and a new location for Route 637 between 1,64 and Route 250 West. This was a top priority item in past years fort~the County. He had asked that this matter be deferred by the Planning District Commission until he could discuss it with Mr..Roosevelt. Mr. Roosevelt presented the following background on this type of procedure. The Highway Department has a six year plan and funds are anticipated for improvements over that period. The~Department is currently working on a plan which includes Route 637 as a priorit~ in the six year plan; but scheduled for about four years From now. This plan has been sent to the Secondary Roads Office in Richmond where a review is made of each project~ This is -done so various agencies can review same and when the timeacomes it will be e~igible for funding. He felt Al~e~a~&e County has greater needs than Route 637. He intends to, if not drop the project completely from the six year plan, push it back to the sixth year o£~ the plan. He noted that this project met considerable.opposition about five years ago and was dropped. He felt the same citizens in the area will oppose it again.. The applica~i~ ha~ not actually been made for federal funds. This is a preliminary step before applying for funds. Mr. Fisher was ~oncerned that~th~a~road project would be lost if not acted on now. He disagreed that the citizens in the area had opposed the reconstruction because a~fthe~public hearings held only one person spoke in opposition. Nr. Roosevelt said projects for a six year plan will be presented for the Board's commeh~ ~n~h~Pring of 1977. He feels strongly that Route 637 should be at the end of' the plan. Mrs. David did not feel this applica~i~w~m~d~$epDa~ize higher priorities but is~just the paperwork needed before final application is made for funds. Mr. Roosevelt said a~d~ign public hearing would be needed. Since the Highway Department is trying to obtain federal assistance for every project possible, the Planning District Commission will be receiving more of these in the future. Support will be determined by comments of the Board. Mr. Fisher asked if the Board had any objection to members serving on the Planning District Commission making favorable comments for the funding of Route 637. No objection was expressed. Agenda Item No. 2f. Highway Matters: Roads into the State System. Resolution to accept Terrybrook Subdivision Tn January, Mr. G. C. Gentry, attorney for Mr. and Mrs. Lester Terry, requested the Board to accept roads in Terrybrook Subdivision into the State Secondary System. At that time, Mr. Gentry was advised that in order for this to transpire, a final inspection of the roads.had to be made by the Highway Department stating the roads were ready for acceptance, as-built plans, final plats recording all drainage easements, and deed book page numbers where the plats were recorded have to be in the hands of the County Engineer before the Board will consider the request. Mr. Agnor said the as-built plans have been received. Mr. Roosevelt said the Highway Department has inspected the roads and a report given° to the Count~ Engineer. He noted Terrybrook Court from Crestfield Court to a dead end has no ~ ana ~s no~ e±~glD±e ~or acceptance. Mr. Roudabush then offered motion to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors ofI Albemarle County, Virginia, that the Virginia Department of Highways and Transportation be and is hereby requested to accept into the Secondary System of Highways, subject to final inspection and approval by the Resident Highway Department, the following roads in Section I, Blocks A and B, in Terrybrook Subdivision: Beginning at station 0+00 on Terrybrook Drive, a point common to the centerline intersection of Terrybrook Drive and State Route 649, as shown on the plan and profile of Terrybrook Drive, revised dated October 21, 1976, as prepared by W. S. Roudabush, Jr., and Associates; thence in a northeasterly direction 982.22 feet to station 9+82.22, the end of TerrybroOk Drive, this phase of Terrybrook Subdivision, and the centerline intersection of Crestfield Court.. Beginning at station 0+00 on Pineridge Lane, a point common to the centerline intersection of Pineridge Lane and Terrybrook Drive station 4+04.100, as shown on the plan and profile of Pineridge Lane, revised dated October 21, 1976, as prepared by W. S. Ro~d~bush, Jr. 450 ~b~emBer i0, 1976 AYES: NAYS: Beginning at Station 0+00 on Crestfield Court, a point common to the centerline intersection of Crestfield Court and Terrybrook Drive station 9+82.22, as'shown ~on the plan and profile of Crestfield ~ Court, revised dated October 21, 1976' as prepared by W. S. Roudabush, Jr., and Associates; thence in a southeasterly direction 897.07 feet to station 8+97.07, the end of Crestfield Court in Terrybrook Subdivision. BE IT FURTHER RESOLVED that the Virginia Department of Highways and TransportatiOn be and is hereby guaranteed a 50 foot unobstructed right of way and drainage easements along these requested additions as recorded by plats in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 542, page 323, Deed Book 544, pages 219 and 220; Deed Book 583, page 366; and Deed Book 584, page 185. Motion was seconded by Dr. Iachetta and carried by the following recorded vote: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Not Docketed. Mr. Dorrier asked Mr. Roosevelt to investigate complaints received about the bridge on Route 620 between Slate Hill and Woodridge. He said the bridge is hazardous since it is clOse to the creek and problems arise when it freezes or floods. Dr. Iachetta asked about the striping of Route 649 since is has been resurfaced. Mr. Roosevelt said this request has been referred to the Traffic Engineer. Dr. Iachetta asked about the drainage problem on Route 649. Mr. Roosevelt said he has met with Mr. Price, the owner of the downstream property, and his attorney. In a~l~tter received from the attorney, indication is that Mr. Price is willing to accept a monetary figure for the easement. Mr. Roosevelt said the profile on the landfill road project of Route 637 (I-64 South to the Landfill) has never been plotted. The highway department is working on a minimum plan concept. The right of way agents have inquired about procedures for negotiation without knowing whether the road will be raised or lowered. Mr. Roosevelt said the survey work for the profile has been completed. He has requested detailed plotting or.the profile so the right of way agents can use same. If objections are raised when the right of way work begins, condemnation may be required. This will require cross-sections which is about a two week job. Mr. Roosevelt requested approval for cross-sections to be made immediately so as to save time if condemnation problems arise. Mr. J. H. Bailey, County Engineer, was present and agreed with-Mr. Roosevelt's recommendations. No objections were expressed by the Board. Dr. Iachetta requested the brush and branches on Route 643 along Mr. Pritchett's property he, cut. Mr. Agnor said he had received a call from Mr. Sam Berry of Sperry Marine Systems expressing his concern about the egress and ingress highway plans for the proposed Fashion Mall.. Mr. Roosevelt said Mr. Berry had contacted him. The last traffic signal study conducted by the Highway Department at the Sperry entrance showed only 200 cars between the hours of 3:30 P.M. and 4:~0 P.M. At other times, there were only about 25 cars using the entrance. Traffic signals cannot be installed for problems which occur during only one hour of the day. The Highway Department has recommended only one cross-over for the Fashion Mall and this to be at a location where the Sperry entrance can be used and a traffic signal installed at that location. Agenda Item No. 2d. Highway Matters: Broomley Road. Mr. Fisher said he had received a memo from the Director of Planning, drafted at his request, showing approximately 552 acres of ~undeveloped land in an area primarily served by Broomley Road. Mr. Fisher said he understands that recently a subdivision of lots in excess of five acres each was put to record on land owned by the Mary White Estate. Because of the size of the lots, this subdivision of land is not controlled by the Subdivisio~ Ordinance of the County and there is no requirement that the developer upgrade Broomley Road. This is contrary to a condition this Board worked out with the owner last year. At that time, the owner had agreed to participate in the upgrading of Broomley Road to a certain extent. In that manner as each parcel of land on ~h~oadi.~eve!oped, Broomley Road would get to a standard so it might be taken over by the State Highway Department or at least made safer for the citizens. He was concerned that more developments of this type might occur, thus compounding an a~ready~se~ious problem for the people on Broomley ROad. If the Board does not require developers to upgrade the road, eventually the public will have to pay for this upgrading. Mr. St. John said in order to control this type of situation, the Board would have to amend the subdivision ordinance~to require~that each ~e~oper would have to upgrade the road in so far as his particular development occasions the nleed!~Eo~ the upgrading. But, in order to make such a requirement aPply to d'evelopments of this size, the lot size in ~the subdivision ordinance would have to be increased. There is an Attorney General's opinion on this question on file. Mr. St. John.said the Board can also take the position that this is a non-problem for the County because this subdivision of land does not fall under the County's existing laws. Mr. Roudabush said he does not feel anyone will ever be able to develop these 552 acres without new roads being required. This would then bring these subdivisions under the requirements of the ordinance. When the first such development comes before the the Board can face the question of what to do with Broomley Road at that time. Mr. Roudabush said ~before the Board takes any action on this matter, he felt a committee of the Planning Commission 'and the Board should have a meeting to discuss this sort of problem. He said there are two types of problems relating to this: l) developments on existing roads that the highway department maintains; and 2) developments on existing roads which the state does not maintain. November !0, 1976 4'5 . the motion and same carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. Agenda Item No. 3. Other Matters, NOt on the Agenda from the Public. discussed later in the meeting). (This will be Agenda Item No. 4. Public Hea~ing: An Ordinance to Amend the Albemarle County Code concerning fees for Soil Erosion Plan Review. (Advertised in the Daily Progress on October 22 and October 29, 1976.) The public hearing was opened. was closed. With no one desiring to speak, the public hearing Mr. Tucker noted the Planning Commission recommends approval of the ordinance as adverti At this time, Mr. Roudabush offered motion to adopt the following ordinance: AN ORDINANCE TO AMEND THE ALBEMARLE COUNTY CODE CONCERNING FEES FOR SOIL EROSION PLAN REVIEW BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY that the Albemarle County Code be, and it hereby is, amended by the addition, in Articles 7 and 18 thereof, respectively, of two sections 7-4(d) and 18-43(c), respectively, as follows: ChaPter 7' Article I, Erosion and Sedimentation Control, Section 7, Submission of plans and specifications, sub-section 7-4(d): Upon submission of any plan submitted pursuant to Section 7-3 hereof, the applicant shall pay to the County of Albemarle a fee of twenty-five dollars ($25.00) to cover the cost of the County to review and act upon such plan; provided, however, that in the case of any such plan involving, development for which site plan and/or subdivision~ap~rov~l is or would be required, a fee shall be paid for review of such plan required pursuant to Section 17-6-6 of the Albemarle County Zoning Ordinance or Section 18-~3(c) of the County Code, as the case may be. Chapter 18, Article IV, Division I, Subdivision of Land, Section 18, Fees, sub-section 18-43(c): Soil Erosion Plan: In the case of any soil erosion, control plan required pursuant to Article 7 of this Code, the approval of which is required as a prerequisite to the final approval of any final plan submitted pursuant to this Article, the developer shall pay a fee for the submission, review and approval of such plan, the amount of such fee to be determined by reference to the schedule of fees adopted pursuant to Section 17-6-6 of the Albemarle County Zoning Ordinance. The foregoinE~motion was seconded by Dr. Iachetta. Mrs. David abstained from voting QhLal~ythe ordinances to be heard today in order to enforce her viewpoint that items of this type can be handled in a way that is easier to understand. Roll was then called and carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. ABSTAINING: Mrs. David. Agenda Item No. 5. Public Hearing- An Ordinance to Amend the Albemarle County Code concerning fees for review of Preliminary Subdivision Plats. (Advertised in the Daily Progress on October 22 and October 29, 1976.) Mr. Tucker said the Planning Commission ~recommended approval of the ordinance as advertised. ~h~!pnblic hearing was opened. closed. With no one present to speak, the public hearing was Motions;was then offered by Mr. Dorrier to adopt the following ordinance: AN ORDINANCE TO AMEND THE ALBEMARLE COUNTY CODE CONCERNING~FEES FOR THE REVIEW OF PRELIMINARY SUBDIVISION PLATS BE IT ORDAINED by the Board of Supervisors of Albemarle County that Section 18-~3(a)(3) of the Albemarle County Code be, and it hereby is, amended to read as follows: Chapter 18, Article IV, Division I, Subdivision of Land, Section 18, Fees, sub-section 18-43(a)(3): (3) Each filing of a preliminary plat, whether or not a preliminary plat for the same property has been filed previously, shall be subject to the same requirements; provided, however, that no fee shall be required for the review of a preliminary plat of any subdivision involving three or fewer lots. 45,3, November 10, 1976 NAYS: None. ABSTAINING: Mrs. David. Agenda Item No. 6. Public Hearing: An Ordinance to Amend Section ll-5-1 Of the Albemarle County Zoning Ordinance concerning payment of costs of newspaper advertisement. (Advertised in the Daily Progress on October 22 and October 29, 1976.) The public hearing was opened. the public hearing was closed. With no one present to speak for or against the Mr. Tucker said the Planning Commission recommended approval ef the ordinance as advert~ zed. MoJtion was then offered by Mr. Roudabush to adopt the following ordinance: AN ORDINANCE TO AMEND THE ALBEMARLE COUNTT ZONING ORDINANCE CONCERNING PAYMENT OF COSTS OF NEWSPAPER ADVERTISEMENT BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Section ll-5-1 of the Albemarle County Zoning Ordinance be, and it hereby is, amended to read as follows: Except as herein otherwise provided, every application made to the administrator, the commission, or the governing body which requires notice and hearing in accordance with Section 15.1-431 of the Code, or in accordance with the policy of the governing body, shall be accompanied by a fee of $20.00 to defray the cost of publication in a newspaper of general circulation in the County. The f~regoinE~motion was seconded by Dr. lachetta and carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. ABSTAINING: Mrs. David. Agenda Item No. 7. Public Hearing: An Ordinance to Amend the Albemarle County Zoning Ordinance by amendment of Section 17-6-6 thereof concerning fees. (Advertised in the Daily Progress on October 22 and October 29, 1976.) The public hearing was opened. With no one desiring to speak, the public hearing was closed. Mr. Tucker said the Planning Commission recommended approval~of the ordinance as advertised. Motion was offered by Dr. Iachetta to adopt the following ordinance: AN ORDINANCE TO AMEND THE ALBEMARLE COUNTY ZONING ORDINANCE BY THE AMENDMENT OF SECTION 17-6-6 THEREOF CONCERNING FEES BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Section 17-6-6 of the Albemarle County Zoning Ordinance be, and it hereby is, amended to read as follows: 17-6-6 The governing body, by resolution, may establish from time to time a schedule of fees for the examination and approval or disapproval of site development plans submitted pursuant to this Article. In addition, the fees so established shall apply, according to their terms, to the submission, review and approval of any soil erosion control plan required pursuant to Article 7 of the Albemarle County Code in any case in which such plan is required as a prerequisite to the approval of any site development plan submitted pursuant to this Article. Such fee shall be paid to the County of Albemarle and shall be submitted one-half at the time of filing of the plan or plans for which such fees shall apply and the remainder prior to final approval. The foregoing motion was seconded by Mr. Dorrier and carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. ABSTAINING: Mrs. David. Agenda Item No. 7a. Resolution: To adopt fees for Section 17-6-6. offered by Mr. Dorrier to adopt the following resolution: Motion was BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the schedule of fees heretofore adopted pursuant to Section 17-6-6 of the Albemarle County Zoning Ordinance be, and it hereby is amended by the addition of the following: (a) Fees for review of soil erosion plans $0J002 per square foot of disturbed area or $40.00, whichever~ is greater. Mr. Roudabush seconded the motion and same carried by the following recorded vote: AYES: Messrs. Dottier. Fi~h~. Menl~v_ T~ab~tt~ ~ ~~_ November 10, 1976 453 Mr. Tucker said a schedule of fees for review of site plans needed to be established. Mr. Roudabush then offered motion to adopt the following resolution setting fees for review of site plans: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the schedule of fees heretofore adopted pursuant to Section 17-6-6 of the Albemarle County Zoning Ordinance be, and it hereby is amended by the addition of the following: (b) Fees for review of site plans (1) For site plans of less than five acres - $50.00; (2) For site plans of five to ten acres - $75.00; (3) For site plans of more than ten acres - $100.00 plus $1.00 per acre for each acre in excess of ten. Mr. Dorrier seconded the motion and same carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. ABSTAINING: Mrs. David. Agenda Item No. 8. Public Hearing: An Ordinance to Amend Section 15A-9-4 of the Albemarle County Zoning Ordinance, said section entitled "Sign Permits." (Advertised in'the Daily Progress on October 22 and October 29, 1976.) The public hearing was opened. With no one present to speak for or against the ordinance the public hearing was closed. Mr. Tucker said the Planning Commission recommended approval of the ordinance as advertised. Dr. Iachetta then offered motion to adopt the following ordinance: AN ORDINANCE TO AMEND SECTION 15A-9-4 OF THE ALBEMARLE COUNTY ZONING ORDINANCE CONCERNING SIGN PERMITS BE IT ORDAINED by the Board of Supervisors of. Albemarle County, Virginia, that Section 15A-9-4 of the Albemarle County Zoning Ordinance be, and it hereby is, amended to read as follows: 15A-9-4 SIGN PERMITS: No person shall erect or cause to be erected any sign, except auction and temporary event signs, in excess of five (5) square feet in area unless and until a permit therefor shall have been obtained from the zoning administrator. Such permit shall be issued upon the payment of a fee in the amount of ten dollars ($10.00) to cover the cost incident to the issuance of such permit and upon a finding by the zoning administrator that the proposed sign conforms to the requirements of this ordinance. Mr. Dorrier seconded the motion and same carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. ABSTAINING: Mrs. David. Agenda Item No. 9. Public Hearing: An Ordinance to Amend Section 14-1-1 of the Albemarle County Zoning Ordinance concerning fees for rezoning. (Advertised in the Daily Progress on October 22 and October 29, 1976.) The public hearing was opened. With no one present to speak for or against, the public hearing was closed. Mr~ Tucker said the Planning Commission recommended approval of the ordinance as advertised. Motion was offered by Dr. Iachetta to adopt the following ordinance: AN ORDINANCE TO AMEND THE ALBEMARLE COUNTY ZONING ORDINANCE CONCERNING FEES FOR REZONING BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Section 14-1-1 of the Albemarle County Zoning Ordinance be, and it hereby is, amended to read as follows: 14-1-1 By the filing with the zoning administrator of a petition by owners or contract purchasers of land proposed to be rezoned, which petition shall be accompanied by a fee to be determined as follows: a. For rezoning of less than five acres - $50·00; b. For rezoning of five to ten acres - $75.00; For rezoning of more than ten acres - $100.00 Plus $1.00 per acre for each acre in excess of ten. In addition, the foregoing fee schedule shall be applicable to any special ~rmit a~l~aat~on m~.d~ u~d~ ~at~nn P-7 ~nd .454 November'10, 1976 Mr. Dottier seconded the motion and same carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. ABSTAINING: Mrs. David. Agenda Item No. 10. Public Hearing: An ordinance regulating, limiting and restricting discharge of waste into sanitary sewer system of Albemarle County Service Authority. (Advertised in the Daily Progress on October~ 27, 1976 and November 3, 1976.) Mr. J. Harvey Bailey, County Engineer, introduced Mr. Graham, engineer for the Albemarle County Service Authority. Mr. Bailey.said the ordinance is in line with the rules and regulations of the Albemarle Connty~$~r~ce.i~Ui~hori~ The Federal Government has informed the Rivanna Water and Sewer~ Authority that protection must be provided for its treatment plants and sewage lines. The provisions of the regulations define what may or may not be introduced into the sewer lines, the rates at which they may be introduced and any pretreatme required in case a manufacturer has materials that are denied entrance into the sewers. A surcharge is also provided when extra strength sewage is introduced. Also provided is order inspection of manufacturer or commercial interests to determine that they continue to comply with the regulations. The Albemarle County Service Authority intends to have an agent to perform the work for them. The State Water Control Board ~nd federal regutatD~ry agencies have also reviewed the regulations and standards have been met. No abnormal rules or regulations are being imposed on the community. Speaking next was Mr. Gene Potter of the Rivanna Water and Sewer Authority. He said Pub Law 92-500, or the 1972 Clean Water Act, requires adoption of an Industrial Waste Ordinance by municipalities who receive construction grant funds for new sewage water facilities. The State Water Control Board;.adopted~in~J~y a regulation which required all municipalities to conduct an industrial waste survey. Without the ordinance, the authority does not have the mechanism whereby industries can be required to provide this information. Thus, From the regulatory standpoint, there are two requirements for. the adoption of an ordinance of this type. Mr. Fisher asked what responsibility the County has after adoPting the ordinance. Mr. St. John said the County is immune from enforcement of something ~ike this, thus, there is no pecuniary liability. The public hearing was opened. the public hearing was closed. With no one desiring to speak for or against the ordina~ Dr. Iachetta then offered motion to adopt the following ordinance, inserting November 10, 1976, as the effective date: AN ORDINANCE REGULATING, LIMITING AND RESTRICTING THE DISCHARGE OF WASTE INTO THE SANITARY SEWER SYSTEM OF THE ALBEMARLE COUNTY SERVICE AUTHORITY (To be known as Chapter 19.1 - WATER AND SEWER, of the Albemarle County Code.) BE IT ORDAINED by the Albemarle County Board of Supervisors, pursuant to Code of Virginia Sections 15.1-292 and 15.1-299, as follows: That the Albemarle County Board of Supervisors does hereby adopt and approve the following ordinance adopted for the purpose of regulating, limiting and restricting the discharge Of waste and pollutants into the sanitary sewer system of the Albemarle County Service Authority, and in the sewers tributary to the sanitary sewer system of the Albemarle County Service Authority, and thereby protecting the said sanitary sewer system and waste treatment facilities of the Rivanna Water and Sewer Authority, and the health of the citizens of Albemarle County. Section 19.1-1. Discharge prohib~ited Wit'hOut permit. No person shall discharge any industrial waste or pollutants into the sanitary sewer system of the Albemarle County Service Authority and in the sewers tributary to the sanitary sewer system of the Albemarle County Service Authority without having first obtained a valid permit from the Albemarle County Service Authority allowing for said discharge of industrial waste or pollutants, pursuant to the Rules of and Regulations of the Albemarle County Service Authority regulating, limiting and restricting the discharge of waste and pollutants into the sanitary sewer system of the Albemarle County Service Authority. 'Section 19.1-2. Violations; penalties.. Any person violating the provisions of Section 19.1-1 herein shall be guilty of a misdemeanor punishable by a fine not exceeding $1,000.00 or by imprisonment not exceeding 30 days or by both such fine and imprisonment. Each day such violation continues shall constitute a separate offense. The Board of Supervisors, in addition to other remedies, may institute an appropriate action or proceeding, at law or in equity, to prevent violation or attempted violation, to restrain, correct, abate such violation, or to prevent any act which would constitute such a violation of the provisions of Section 19.1-1 herein. Section 19.1-3. Effective date. This ordinance shall take effect and be in full force from and after the 10th day of November, 1976. Mr. Dorrier seconded the motion and same carried by the following recorded vote: .t -Y .ic e~ November 10, 1976 Agenda Item No. 3. Other Matters, Not on the Agenda, From the Public. Mr. Lloyd Smith, Chairman of the Library Board,~as present. He wished to speak about a resolution adopted by the Board of Supervisors on August ll, 1976, for acceptance of and State grants-in-aid of $50,443 and $70,597, respectively. The County's resolution stated that any Federal Funds received must be spent within the limits of the Library's total budget. Since some of the Counties did not appropriate the requested amount for FY 76-77, the Library's total budget is not known at this time. Mr. Smith said he interprets Federal regulations attached to the notice of these grants as saying that the funds must be supplementary to local funds and must be spent by December 15th or one-half of the funds will not be received. He felt Albemarle County's resolution is contrary to the Federal regulations. The Library Board has adopted a resolution to spend these~grants for books and items which were not anticipated to be purchased from the FY 76-77 budget. Mr. Smith Said the County's resolution seems to have stemmed from the feeling that the Library Board each yearaadds Federal F.unds into the base budget for the local jurisdictions in requesting appropriations for the next fiscal year. An examination of the Library's books indicates that this is not true. Federal regulations state that these funds must be spent over and above any local appropriation. Mr. Agnor said there is a difference in interpretation Of the Federal regulations. He interpreted the regulations to say that these grants cannot be used to reduce local appropriations below the appropriations from the previous fiscal year. Federal funds are to be used as a supplament to local funds. Mr. Agnor said the Library's budget request did not indicate any Federal funds would be received during FY 76-77 and he felt that if Federal funds are received, the Library's budget should then be amended to allow for expenditure of those funds. Mr. Fisher said before discussing this matter further, he would like to have an opinion, in writing, from the State L~brary Board, as to interpretation of the Federal regulations governing receipt and expenditure of these grants. Agenda Item No. ll. Request for Resolution of Intent to amend the Albemarle County Zoning Ordinance in reference to central well procedures. Mr. Tucker said this resolution follows action recently taken by the Board of new testing regulations to be used when approving central wells. This amendment will take the issuance of well permits out of the Zoning Ordinance and place these directly before the Board. Mr. St. John said State law requires that the Board review any well system which will service three or more connections. This review, in the past, has been carried out through the special use permit precedure outlined in the Zoning Ordinance. This has been based partly on definitions in the Zoning Ordinance describing these wells as public water supplies This is contrary to definitions in the State Code and is confusing. This procedure will now be placed in the County Code as Article 3, Chapter l0 and will be called central sewage and w~ter supply systems. An application will no longer have to go before the Planni~g~C~mmissio for a public hearing, but will make application directly to the Board. Mr. Roudabush said he did not like the language contained in a recommended s~endment to the Subdivision Ordinance, Section 18-20.1, entitled "Cost of Construction of Certain Facilities" and asked that this one amendment be deferred until December 8, 1976. Dr. Iachetta then offered motion to advertise for public hearing on December 15, 1976, an amendment to Article III, of the Albemarle County Code on ~entral sewerage and water supply systems and to further adopt the following ~e~Olm~ion: BE IT RESOLVED that the Board of SuperviSors of Albemarle ~ County, Virginia, does hereby state its intent to amend the Albemarle County Zoning Ordinance by the addition of the following sections: Section 16-18.01 Section 16-18.02 Section 16-69 Se~n~_16-70 Section 16-70.1 Central Sewerage System Central Water Supply Public Water Supply ~Pu~[ic Utility AND, FURTHER, intend to amend the Albemarle County Subdivision ~ ..... Ordinance by the addition of Section 18-2, Definitions and to refer the above items to the Planning Commission for their recommendations. Mr. Roudabush seconded the foregoing motion and same carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Henley,.Iachetta and Roudabush. NAYS: None. ABSTAINING: Mrs. David. Agenda Item No. 12. Certain Precinct Lines. Request for Resolution of Intent to Consider Changes of Mr. Robert Tucker said several months ago he informed the Board of the request from the Division of Legislative Services to realign precinct and election district lines that followed some arbitrary or physical boundary line. At this time, he presented to the Board a topographical map showing existing precinct lines. The purpose of the realignment of precinct lines is to help allocate population during the 1980 census. One line in question is the separation of the Free Union and Crozet precincts. He recommended a line which follows a state route. Another line in question is between the Covesville 456 November 10, 1976 Garden and the Nelson-Albemarle County line. This womld result in people voting in the Scottsville precinct instead of the Covesville precinct. The other line in questionis betwe the Porters and Scottsville precincts. He has recommended~a line following a state route down to the James River. Mr. Roudabush asked if the Electoral Board should make recommendations. Mr. St. John said that can be included in the resolution of intent. Mr. Roudabush then offered motion to advertise for public hearing on December 15 an ordinance to amend certain lines in the Scottsville, Monticello, Porter's, Covesville, Earlysville and Free Union precincts as permitted under Virginia Code Section 24.1-37 and requested concurrence by the Albemarle County Electoral Board. Dr. Iachetta seconded the motion and same carried by_the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier., Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 13. Set Public Hearing Date: Ordinance to Amend Chapter 12 of the Albemarle County Code by adding a section relating to parking motor vehicles in certain spaces on private property. Mr. Agnor said an organization known as Mobility on Wheels requested this ordinance. The City has also received the request. The ordinance relates to a motor vehicle parked in a parking space at privately Owned shopping centers or business offices which is reserved for handicapped persons. Under these provisi~ons, unless the operator ?or~ passenger in the vehicle is handicapped, the operator may be issued a summons without the necessity of a warrant being obtained by the owner of the establishment. Mrs. David then offered motion to advertise for public hearing on December 8, 1976, an ordinance to amend Chapter 12 of the Albemarle County Code by adding a section relating to parking motor vehicles in certain spaces on private property. Dr. Iachetta seconded the motion. Mr. Ozzie Osborne, with Mobility on Wheels, was present and expressed his concern that this ordinance~be adopted. He stated the ordinance is a repetition~of the State Code. Roll was then called, and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. .Not Docketed. Mr. Fisher said three members of the Board and himself attended the VACO meeting in Roanoke where State-mandated programs and their effect on local budgets were discussed. He understands that unless the Legislature adopts a new tax proposal to either increase the state incom,e~a~ or state sales tax, the Governor will be forced to cut back available funds to local governments for education and other services. If funds are reduced, the County will be forCed to decide whether the difference will be made up by increasing property taxes or reducing services. He urged concerned citizens to discuss this matter with their representatives to the legislature. At 12:35 P.M., the Board recessed for lunch1. The Board reconvened at 1:35 P.M. Agenda Item No. 14. Discussion: Solid Waste Collection System. This item was continued from the public hearing held on November 3, 1976, in order to further discuss the matter. Mr. Fisher read the following letter into the record: "November 9, 1976 Mr. Gerald Fisher, Chairman Albemarle County Board of Supervisors County Office Building Charlottesville, Virginia RE: Proposed County Wide Waste Disposal Pilot Program Dear Mr. Fisher: In follow-up to the public hearing held on the above matter last week, I would like to take this opportunity to once again express our opposition to the Pilot Program as proposed. Albemarle County is unique in that there are many private haulers servicing all areas of the County who provide effective and efficient service at extremely competitive prices. In addition to all those points~that were raised in opposition to the Program at the public hearing, we question whether there is a need for a public system. Private enterprise is doing its job and it would be difficult for the County to provide as'efficient service. klthoughi~t~¢ouldn't find all the pictures that I had taken last su~er, I didffind, one~a~d I~am~e~¢~sing it showing a typical scene I witnessed on my trip through Virginia, North Carolina, South Carolina and Georgia. I think you will agree that it is not very pretty. If the Board determines that there is enough interest in the program to continue considering its merits, I wo~ld suggest that a~committee be appointed November t0, 1976 457 haulers as well as citizens living in areas where this service may be introduced. This committee, together with help from the Planning Staff] could then consider the many other alternatives that are available. Once again, we would like to urge the Board to recognize that adequate service is now being provided in the County and to vote against implementation of the Pilot Program as proposed. If we can be of any further help to you in your deliberations, please do not hesitate to call on us. Sincerely, (Signed) Charles M. Rotgin, Jr." Mr. Roudabush then read the following letter from residents in the Rivanna District: "November 5, 1976 TO: The Board of Supervisors, Albemarle Co., SUB: Garbage Disposal. We, the residents of Rivanna District, and of Airport Acres, whose signatures appear below, feel that the present system of garbage disposal constitutes an undue hardship in this area due to the remoteness of the Ivy Landfill. Also, the expense of hauling in private cars amounts to approximately $2.00 per trip at present gasoline prices, furthermore the cheapest estimate available for commercial hauling is $96.00 per year. We therefore request that either a pick-up station be established in the Rivanna District, or that a system of Dumpsters be located in strategic locations. Respectfully submitted, (Signed by 29 residents)" Mr. Roudabush said a lot of residents are in favor of the program. The citizens feel the County has a large investment in the Ivy Landfill and access and use of the landfill should be broadened. They also feel the pilot program would help to provide better access to the people throughout the County. Dr. Iachetta felt the pilot program proposed is too expensive for the type of service to be offered. He did not feel dumpsters should be limited to one section of the County. He suggested instead transfer stations or a packer trailer where more~mate~ial could be handled than a road unit. These could be serviced on a regular basis with the trailer transporting the waste to the landfill. The size'of the trailer should be sufficient to handle a large amount of waste. A~rait~r costs about $30,000; thUs, the initial cost is more, blUr the operating cost thereafter is less. Dr. Iachetta then suggested that this idea be included in the study instead of the individual boxes. Mr. Roudabush agreed With the suggestion and felt private haulers would benefit from this service. Mr. Fisher felt it better than having so many scattered sites beside roadways. These could be better controlled and better screened. He was not ready to support the pilot program~as proposed. Mr. Henley was opposed to the program because he could not see spending thousands of dollars when the county is serviced by private haulers now. Mrs. David was concerned about citizens in sparsely populated areas where it is not possible to obtain the service of private collectors. She favored further research on the matter, but would not support the current proposal. Mr. Dorrier said citizens in the Scottsville District are concerned about the cost and do not feel the sites will be kept clean. He agreed with Dr. Iachetta and felt it should be county-wide instead of scattered. He felt with the current economy status, this was not the time to introduce new services. Mr. Robert Forman, of the Bureau of Solid Waste and Vector Control, was present. He said there are currently 55 counties in Virginia who are using the green box system. The County has some remote areas which need help. If the environment is going to be kept clean, the litter problem must be faced since it is a "people" problem. With this system, the problem would at least be centrally located. The law states that a county or city shal~ provide an opportunity for its citizens to.~ha~e access to a place to dispose of their waste. He felt Dr. Iachetta's suggestion was good, but does create problems with ~he weight limit. Dr. Iachetta then offered motion to abandon the concept of a pilot program for disposal of solid waste as proposed, and to study ways the County can provide refuse receiving areas in remote areas county-wide. Mr. Henley did not feel the study should be continued unless something will'be done. Mr. Roudabush seconded the motion. Mrs. David suggested consideration be given to appointing a committee as recommended in ~he letter from Mr. Rotgin Roll was then called and the motion carried by the following recorded vote: AYES: NAYS: Mrs.''David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None.- Mr. Fisher said 'the committee would be appointed next week and would consist of board members from rural and suburban areas, private haulers, some volunteers and a member from the Engineering Department or some other staff member. Agenda Item No. 15. Russ Linden: Director of Association for Retarded Citizens. Mr. John Pezzoli, Director of Mental Retardation Services for the Region X Community Mental Health Retardation Services Board, was present. He said November is National Retarded Citizens month. During this month, public education and awareness about the needs and interest of the mentally retarded are oresented to the oublic. He then November 10, 1976 improved with the assistance of the Association and he requested the Board to declare · November as Mentally Retarded Citizens Month for the County. Mr. Fisher requested authorizat to sign such a proclamation. Motion to this effect was offered by Dr. Iachetta, seconded by Mr. Dorrier, and carriedby the followinE recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 16. Report from County Executive. Re: Convention Bureau Contract. Mr. Agnor said a decision was made last year not to use public funds.for functions of this nature. Thus,'the requested appropriation by the Chamber of Commerce for continuation of the Bureau was deleted in the FY-77 budget. An opportunity was afforded ~to the Chamber for reconsideration of the appropriation request at renewal time of the contract. Due to a change in the office of County Executive, the contract was not executed until October 30, 197 One provision of the contract was that on or before August 30, 1976, the Chamber was to present a status report and an audit report with detailed expenditures. Mr. Agnor had sugges the Bureau submit a financial report along with the revised contract indicating the results of the FY-76 appropriation and the activities. This was compiled by Mr. Michael ~ Gleason, liasion officer~and Slh~w~d detailed expenditures through June 30, 1976 along with encumbrances before and after that date and a summary of the activities. Mr. Agnor then offered the following three recommendations: 1) Extension of the present~ contract to December 31, 1976, without additional funding. He felt, even though, the encumbrances are questionable, the Chamber is committed to the terms of the contract. 2) Consideration of a six month cQntract for January-June 1977, in order to retain a fiscal year cycle of contracts and appropriations. He felt a separate bookkeeping system would allow an audit each year in July without problems with the Chamber's calendar year audit of other operations. 3) Request the Chamber to provide a narrative report within sixty days after December 31, 1976. This report to include purposes for.. expenditures of funds, results obtained and a justification for continuance of the contract. Mr. John B. Hinch, President of the Chamber of Commerce, was present and supported the recommendations of the County Executive. Mr. Fisher said he has not seen audits for 1974-75 ori~r!9~5-76. The policy of the County is that any unexpended funds from an appropriation are to be returned intact~at the end of the fiscal year; thereafter, another appropriation will be considered. Mr. Michael Gleason said an audit was prepared in 1974-75~and the monies were spent as appropriated; any funds over the appropriation were encumbered. Mr. Fredl~rguson said an audit was presented to the Board for 74-75 and the only question raised was how many conventions coUld be held in a one year period of time. Motion was then offered by Mr. Dorrier to accept the three recommendations of the County Executive. Mrs. David seconded the motion. Mr. St. John said the only requirement of a contracting agency receiving an appropriatio~ is that the money be spent in accordance with the contract. If the monies are spent otherwise, this is a breach of contract, Mr. Ray Jones said the annual appropriation ordinance s~ts out the coUnty's policy for return of unexpended funds, but the contracb dOes not contain that language. Mr. Henley felt the i~i~al appropriation bf the County was to assist in starting the Convention Bureau and he did not anticipate any participation thereafter. Mrs. David did not feel the County Executive's recommendations would create any problem. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 17. Discussion: Land Use Assessment Values. In October, Mr. Ray Jones, Director of Finance, attended a public hearing of the new State Land Evaluation Advisory Committee in Richmond with some staff members from the Real Estate Office. Recommended values ~er~1977 were received at that meeting. The recommended Forestry values create a problem. The current (1976) values per acre are: Excellent $160; Good $125 and Fair $90. The recommended values for 1977 are: Excellsntl $265; Good $190 and Fair $125. This represents a substantial increase in per acre values. In prior years, action was taken by the Board on per acre values. From a legal standpoint, there is some question as to whether values on land use can be changed in any year without changing market values. He felt action on land use changes should be taken now; otherwise, it will have to wait until the 1979 reassessment. In checking with the State D~partment of Taxation, the County will have to send out a notice oFf. change in values to property owners. If these values are applied, there will be a 45% increase in the net taxable value. Initially, forestry values did not include the value of the finished products of standing timber which is measured over the life of the tree. Roughly, 40 years are used for oak, 30 years for pine, and 20 years for pulpwood. Albemarle County is included in the area east of the Blue Ridge Mountains which puts the C~m~Y into a better forestry area than the timber i~ actually contains.. ~¥~ ~ ~. Discussion followed on Albemarle County being compared to a region with a much better forestry area. Mr. Henley asked if any ~ction had to be taken on the matter today. Mr. Jones felt the Division of Forestry and the State Department of Taxation should be consulted on this matter. Mr. Henley expressed his interest in talking to the Division of Forestry. Thus, a committee composed of Mr. Henley was appointed to discuss this matter with the Division of Forestry, with this to be heard again on November 17 Agenda Item No. 18. Discussion: Participation by County in HoUsing Rental ion November 10 1976 459 Mr. Agnor said the Housing Rental Assistance Program is the only major program of its kind presently in operation in the State. The program is essentially a rent assistance p~0gram for low income families within the jurisdiction~in which the program is offered. Originally~ it was planned that $2,149,000 would be utilized for 1350 families and the funding would provide rent assistance for five years. The funds are calculated to serve 721 housing units for five years in the localities chosen. Albemarle County was chosen to be a recipient~of these funds along with thirteen other localities. The fourteen which was chosen constitute a contiguous area and have some of the greatest relative needs for this type of program. Data was collected in the 1970 census of families living in overcrowdedq conditions and paying more than 25% of their income in rent. Albemarle County has been allocated 135 units. The letter from the Virginia Housing Development Authority asks for two things: l) Immediately respond, within a week, informally, as to whether there is any interest in the program. Since the correspondence was received in between Board meetings and notification was needed immediately, Mr. Agnor responded favorably. 2) Then the governing body must respond formally as to its willingness to participate under one of three ~alternatives given. These three alternatives are: I) The State to allocate the program and to be administered jointly by the County and the Virginia Housing Authority. II) The program to be administered on a regional basis utilizing ~i organizations such as Planning District Commissions. Mr. Agnor did not feel present legislation allows this to be done. III) The program to be administered solely and directly by the Virginia Housing Development Authority. Mr. Agnor felt the program should be administered by the County through a Housing Coordinator and recommended Alternative I. Mr. Agnor said M~Karen Morris, Director of Albemarle County Social Services, concur~ with his recommendation. Mr:~Agnor felt the program has some unique features which are: 1) It relies on existing housing units in contrast to the traditional new construction programs. ~2) It does not require lower income families to live in a given neighborhoo~ in housing constructed with government funds, but allows them to stay where they are, or move into better housing which they select. 3) It operates through the private housing marke~ and assumes the feat~Ures of "free enterprise" conditions. 4) It'offers owners the o~portunity to rent one or more units to families participating in the program, but does not ~equire~ all of the owners' units to be involved in the program. 5) The owner's commitm~nt to the program is for the term of the lease, which is generally o property to a lengthy governmental program, in HoU~"ing Improvement Program (AHIP) offers assis exisbing structures. This new program offers a aligned to existing structures. County citizen relief from rising rents or utility expenses wi relocated. Families in crowded conditions can quarters which they otherwise could not afford. agreeing to this program an opportunity to make for it or retain the tenants with an increase,i possible. Mr. Agnor then recommended that the Authority of an interest in the program. He sa fourteen jurisdictions, would take those and re of housing units it will serve. If there are n program, they may have to do something within t ne year, and does not ~ommit his or her closing, Mr. Agnor sa~.d the Albemarle tance to owner-occupie(, housing and serves ssistance to rental ho~.sing and is likewise s on fixed incomes can be provided some thout the necessity of moving and being ~ossibly afford to move into more adequate Very remotely, it ofgers a property owner certain improvements ~n order to be eligible rent that would not Board advise the Virgi id the Authority,~.~ft~ allocate the program ot enough jurisdiction~ he area they have plam ,therwise be economicall ~ia Housing Development hearing from the terms of the number interested in the ~ed to serve. Mr. Fisher felt the program was needed and recommended that the Board indicate their interest in participation of the program under Alternative I as recommended by the County Executive. Mr. Agnor said some of the money ca~ be used for the administration of the program. Dr. Iachetta then offered motion to accept the recommendation of the County Executive. The motion was seconded by Mrs. David and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Rcudabush. None. Agenda Item No. 21. Discussion: Authority to purchase two radio pagers for Director and Coordinator of Emergency Services. (Discussed out of order.) Mr. Agnor said the Emergency Services Coordinator has requested ~uthorization to purchas~ two radio pagers so the Director and Coordinator of Emergency Services can have immediate acc~ to communicat&ons. There is a paging device in the Sheriff's Office which would enable the S~iff to be in constant contact with the two if an emergency should arise. The cost for the pagers, including a charger, is $350.00 each. Hera.noted that funds for this purchase ' are available in the present budget. He had inquired about funding f~om the State for this purchase but has not yet received a response. Mrs. David then offered motion to approve the purchase of the two radio pagers. The motion was seconded by Dr. Iachetta and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and ROudabush. None. Agenda Item No. 19. for deputies concerning Heart Hypertension Bill. Sheriff George Bailey said the General Assembly in 1975 passed a BilI. The bill requires that an officer have a physical examination If the officer is free of any heart defects, upon examination, and th~ trouble,~he can retire on two-thirds of his salary. He suggested tha~ payment of the cost of the physical examination_ M~li:.Fisher asked th~ examinations. Sheriff Bailey did not know the ~xact amount. Mr. Fi~ S~er!ff's budget has enough money to cover this cost. Sheriff BaileY just needed authorization of the Board to use the funds for this purp¢ Discussion: Request from Sheriff for requiring physical exams Mr. Dorrier then offered motion to approve the request of the Sh~ asked if deputies would have to have the exam i~ they did not want sa~ Heart Hypertension fter July l, 1976. n develops heart the Board approve cost of these er asked if the felt it did. He se. riff. Mr. Fisher e. Sheriff Bailey 460 November 10, 1976 said they would not be covered by this Heart Hypertension Bill if they did not take the exam. Mr. Fisher felt the motion should be to authorize the Sheriff to require the deputies to take the physicals at the County's expense as he has requested. Mr. Dorrier amended his motion to include such. Mr. Roudabush seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. (CLERK'S NOTE: The proper resolution required by Virginia Code Section 51,122~:~was never returned for Board action.) Sheriff Bailey said~since 1970 he has had twelve special deputies making up an auxiliary force. Recently, the Attorney General ruled that the County could not have special dep~ties. He met with the State Compensation Board on November 3, 1976, and was informed that if requested by the Board of Supervisors, they would consider a request for twelve deputies-to serve without compensation. He does require Darter!me, depUties carry their own liability insurance and he requested approval of this request. Mr. Henley offered motion to approve the request of the Sheriff for twelve part-time deputies to serve Without compensation. 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. 20. Request for Resolution of Board determining participants in Law Enforcement Early Retirement Program. Mr. Agnor said when the early retirement program was authorized for the Sheriff's office, no interpretation was given for the phrase "who are employed in law enforcement positions comparably hazardous to that of a State Police Officer." The Clerk corresponded with the State Retirement System and asked if the benefit applied to all deputized personnel in the Sheriff's Office. This includes deputies, court services, process servers, three dispatchers and one secretary. Mr. John R. Street of the virginia Supplemental Retirement System responded and said the determination of such must be by the locality until the General Assembly further directs. Sheriff Bailey recommended that road deputies, courtroom bailiffs and process servers be eligible for the program. Motion was then offered by Dr. Iachetta to adopt the following resolution: WHEREAS,-the Board of Supervisors of Albemarle County, Virginia, adopted a resolution on August 11, 1976, requesting that personnel in the Sheriff's Department be included for special benefits for law enforcement officers under the Virginia Supplemental Retirement System; and WHEREAS, Section 51-111.37 of the Code of Virginia provides that benefits are applicable to personnel "who are employed in law enforcement positions comparably hazardous to that of a State police officer"; NOW, THEREFORE, BE IT RESOLVED, that in order to clarify which positions should be included under this section, the Board of Supervisors of Albemarle County, Virginia, does hereby authorize the following positions, as listed in Albemarle County's Pay/Classification Plan, be included: Sheriff, Deputy IV, Deputy III, Deputy II, and Deputy I, (excluding Dispatchers). Mr. Roudabush seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 23. Fire Protection Study Report. (Discussed out of order.) Chief Julian Taliaferro was present and introduced the members of the Fire Station Committee who were Joseph W. Bunts, Edgar Pugh, Warren jOnes, Calvin Moyer, Richard Roane, ant Lloyd Wood. After the iniiial presentation by B.his committee several years ago, the committee was requested to fnrther review their recommendations. The revised recommendations are: l) One add~tiona! engine~company which would be housed within a City station. Basical] this would require an additional e~even positions which would be funded by the COunty. It would also require the purchase of one additional fire department pumper. 2) The urban area surrounding the City would receive a two engine company response from the closest available unit. 3) Service beyond the urban area would be provided by a single county engine company on initial response. ~) Urban operation be under the administration of the City of Charlottesville. 5) Proceed with plan to acquire a station site near the intersecti, of Route 29 and Rio Road. 6) County companies would be available for service and use throughou~ the county as needed. Basically, the cost involved in this proposal would be $314,000. The benefits of this would be a reduction of a~out 50% in response time for the northern corridor of the County. Areas around the city to the west, south and east would receive a two company response. The productivity of this group would increase considerably because they would be able to make inspections at business and commercial properties. The other benefit would be two pumpers responding together which greatly improves fire fighting capabilities. Also, the City would be in position to furnish aerial ladder service in commercial and apartment districts. The committee tried to address the need all around the city with a plan to serve the total needs of the community in an economical way. Possibly the plan could be put into effect in ninety days~ Mr~.~Fisher asked where a pumper could be purchased in 90 days. Mr. Taliaferro said the city equipment could be used until other arrangements are n November 10, 1976 Speaking next was Mr. Calvin Moyer. He felt the acquisition of land and equipment should be put in a high priority for revenue sharing funding so as to get some protection in the northern part of the county. Mr. Lloyd Wood said the committee arrived at the agreement by a consensus. He agreed with Mr. Moyer of the high priority consideration for revenue sharing funds. He felt the citizens in the area were ready to assist with this agreement. Mr. Fisher did not feel the Board was ready to act today and felt the Jefferson Country Firemen's Association should be included in this discussion. Mr. Dottier asked if there has been any response of the volunteer fire companies. Mr. Wood said the response has been great and citizens are willing to organize and lend any efforts necessary. He felt many volunteers will be available. Dr. Iachetta agreed with the need for a fire station in the northern part of the County. The report was received and no action was t~ken at this time. Agenda Item No. 22a. Appropriation: ESEA Title I. Mr. Agnor said the ESEA Title I program is federally funded. The budget for FY 76-77 was approved for $302,655 and $314,300 has been received. Mr. McClure is requesting authorization to spend the increase of $11,655. Mrs. David then offered motion ba~adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $11,645 be, and the same hereby is, appropriated from the School Operating Fund and coded to 1TN - ESEA Title I, Low Income. Mr. Roudabush seconded the motion and same carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, and Roudabush. NAYS: None. ABSENT: Dr. Iachetta. Agenda Item No. 22b. Appropriation: Constitution Highway Association. Mr. Agnor said the Association is located in Orange and was formed last year for the purpose of securing a designation for Virginia State Route 20 as "The Constitution Route" and promoting the use of ROute 20 by tourists traveling through this part of Virginia. The Association is composed of members representing various governmental units and Chambers of Commerce along Virginia State Route 20. There is no independent means of support for their projects, but they are attempting to secure assistance from the Virginia Outdoor Recreation Association and applicable federal agencies in order that State Route 20 will become a major tourist route for those visiting Virginia~bebw~n~now an~ the 200th anniversary of the United States Constitution in 1987. The Association plans to print ~20,000 brochures u~ costing approximately $2,000.00. They are requesting $300~00 ~from Albemarle County for this printing. Mr. Fisher did not feel the citizens of Albemarle County would benefit from this and could not recommend it to the Board. Mr. Dottier fel~t it would help to attract some tourists to the County. Mrs. David felt it appropriate to ask the Chamber of Commerce for some assistance, but not from the County. Mr. Dorrier then offered motion to approve an amount of $200.00. With no second, the motion died. Mr. Dorrier then offered motion to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $100.00 be, and the same hereby is appropriated from the General Fund and coded to 18A.16 for the Constitution Highway Association for printing of brochures. Mr. Roudabush seconded the motion~and same ~arried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Henley and Roudabush. Messrs. Fisher and Iachetta. Agenda Item No. 22c. Appropriation: Resource Recovery Study Commission. Mr. Agnor said the Resource Recovery Commission has received a grant of $50,000.00 which is to be matched by the City, County and University. The Chairman of the Commission haS requested the County to remit their share, $16,666.67. Mr. Ray Jones has indicated that this amount is not available in one lump amount, therefore, he suggests~remitting funds as needed. Mr. Fisher noted that Board action was taken in previous years guaranteeing ~cai funding if federal money was received. Dr. Iachetta then offered motion to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, ~Virginia, that $16,666.67 be, and the same hereby is appropriated from the General Fund and coded to 18A.13 for the Resource Recovery Study Commission; same to be drawn against only as needed. Mr. Roudabush seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta nd Roudabush. None. Agenda Item No. 22d. Albemarle High School. Appropriation: Funding and Completion of Western Mr. Ray Jones outlined a memo dated October 13, 1976, which is on permanent file in the Clerk's office and contains tb~ follow~ qmfn~m~nm_ m~ e~m~mm ne *b~ ~*~ November 10, 1976 1972 bond issue had an allocation of $250,00Ofor the purchase of sites fo~ Walton BchOol and Western Albemarle High School. The sites for these two schools cost $138,964.50 which left an excess of $111,035.50 which was available for the Western Albemarle High School. The original bid for construction of the building was $6,125,000 but was reduced to $5,656,'89 by change orders. The projected total cost is $6.95 million or $450,000 in excess of the 1975 Bond proceeds and Literary Loan proceeds. An appropriation of $290,992.79 is needed to complete the project. The appropriation is to come from the School Construction Fund with at least $161,830 being earned in interest on investments during the current fiscal year, a grant of $32,657 from State Driver Training funds being approved and with the balance coming from the excess of the 1972 bond issue. Dr. Iachetta then offered motion to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $290,992.79 be, and the same hereby is transferred from the School Construction Fund to the following codes: 19.26-403, $100,000.00; 19.26-499, $190,992.79 for funding and completion of Western Albemarle High School contingent upon the following conditions: l) At least $161,830 be earned ih interest during the current fiscal year from investments of the School Construction Fund. 2) The g~ntr~on the driver training range be approved. 3) Distribution as to line items be made by the Director of Finance and the School Superintendent. Mrs. David seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 22e. Appropriation~ Attorneys. Mr. Agnor said as a result of the United Land Corporation vs. Hartwel! P. Clarke and George St. John suit, bills have been received from the attorneys involved.~on~bill for $1,465.80 from Mr. Francis Lawrence and one from Mr. Paul M. Peatross, Jr., for $553.00 have been received. Motion was offered by Mrs. David to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $2,018.80 be, and the same hereby is appropriated from the General Fund to Code lA-103 for professional services. Dr. Iachetta seconded the motion and same carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Iachetta and Roudabush. NAYS: None. ABSENT: Mr. Henley. Agenda Item No. 22f~ Appropriation: Auditors. Mr. Agnor said there was an appropriation of $18,50'0.00 for the annual audit made in the budget. When the bill for the~mudit~was received from Dulaney and Farmer, included were the expenses incurred for the revenue sharing suit for a total of $21,500.00. Thus, an additional $3,000.00 is needed for the payment. Dr. Iachetta offered motion to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia that $3,000.00 be, and the same hereby is appropriated 2r~m~i~a~ the General Fund to Code 1A-202 for payment of the County audit. Mrs. David seconded the motion and same carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier,~ Fisher, Iachetta and Roudabush. NAYS: None. ~ ABSENT: Mr. Henley. Agenda Item No. 24. Appointments. (Deferred until December 8, 1976.) Mr. Fisher was in receipt of a letter from the Charlottesville-Albemarle Association~ for Retarded Citizens regarding appointments to the Region X Mental Health and Retardation Services for January. The AsSociation suggested the names of Mr. Harman Williams and Mr~ Art Waddell for these appointments. He requested Mr. Dorrier to talk to Mr. Linden about these appointments. Mr. Agnor noted letter received from Mr. Harlan F. Manweiler regarding his resignation from the Land Use Tax Advisory Board due to his moving out of state. Dr. Iachetta offered motion to accept the resignation of Mr. Manweiler and the Chairman to send a letter expressi~ the Board's appreciation for services rendered. Mr~ Dorrier seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 25. Information: Report of the Department of Social Services for the month of September, 1976, was received in accordance with Virginia State Code Section 63.1-52 Agenda Item No. 26. received as information. Report of the County Executive for the Month of October, 1976~was .37 463 November 10, 1976 Agenda Item No. 27. Statements of Expenses for the Director of Finance, Commonwealth's Attorney and Sheriff's Department for the month of October, 1976, were presented. On motiSn by Dr. Iachetta, these statements were approved as read. 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. 28. Statement of Expenses for the Regional Jail for the month of October, 1976, were presented. On motion by Mrs. David, seconded by Dr. Iachetta, this statement was approved as read. The motion carried by the following recorded vote; AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 29. R~gin~l Jail Report (State Department of Corrections) for the month of October, 1976. Statements of expenses incurred in the maintenance and operation of the Regional Jail for the month of October, 1976, along with statements of prisoner days, paramedic salaries, jail physician and salary of the classification officer were received. On motion by Mrs. David, seconded by Dr. Iachetta, these statements were approved as read. The motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 30. Lottery Permit Applications. Motion was offered by Dr. Iachetta to approve a Lottery Permit for the Post Conviction Assistance Program, in accordance with adopted rules of the Board for the issuance of such permits. M~. Dorrier seconded the motion and same carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. Charlot t eS~i. tl~Al~e~a~t~i~_~o~s~_~ ~, i~'Lmer ~ At the November33, 1976 meeting, Mr. Fisher questioned the issuance of the permitffor in advance of the calendar year. The question ha~ihg been cla~iE~i.e~dby the County Attorney, motion was offered by Mr~.'~David and seconded by Dr. Iachetta to approve ~for the calendar year 1977, a Lottery Permit for the Charlottesville-Albemarle Post 7~, American Legion in accordance with the adopted rules of the Board for the issuance of such permits. The motion ca~ried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 31. Claim Against the Dog Tax Fund. Claim was received from Mr. W. F. Collier for one white face heifer killed by dogs on October 28, 1976. On motion by Mr. Henley, seconded by Dr. Iachetta, this claim was approved for the amount of $112.50. The motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 32. Other Matters, Not on the Agenda, from Board Members. Mr. Dottier noted that Mayor Thacker of Scottsville is making an application for federal money for the Town of Scottsville to replace the water and sewer lines. Approval of the County is needed and Mayor Thacker would like to present this request to the Board as soon as possible. Mr. Fisher said he understands Mayor Thacker has also applied for federal funds for an ambulance for the Scottsville Rescue Squad. This matter was brought~-to the Planning District Commission without the Board being advised f~st. The water and sewer system will be discussed on November 17, 1976. Dr. Iachetta felt the fire protection study presented earlier in the day should be discussed further as soon as possible and the Board should consider assisting the committee in order to get some results. Mr. Henley felt the catalyst would be providing a tract of land. Mr. Fisher noted an invitation from the Martha Jefferson Hospital for a luncheon and tour of the Hospital on November 15.. At ~:38 P.M.,~he Chairman requested an executive session to discuss legal matters. was offered by Mr. Roudabush to this effect, seconded by Dr. Iachetta and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. The Board reconvened at 5:55 P.M., and upon proper motion immediately adjourned the meeting.