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1975-04-09NGeneral Fund General Operating Fund School Operating Fund Cafeteria Fund Textbook Rental Fund School Construction Capital Outlay Fund General Operating Capital Outlay Fund Joint Security Complex Fund Commonwealth of Virginia: Current Credit a/c Town Scottsvilte: Local Sales Tax 357,33~. ~8 892,950.90 31,609.01 ~,~1~.23 7,060.33 182,552.45 46,978.37 3,595.76 197.38 $1,543,361.28 The meeting was adjourned at 9:00 P.M. Chairman Present: Wood, Jr. 4-9-75 (Night) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on April 9, 1975, at 7:30 P.M. in the Albemarle County Courthouse, Charlottesville, Virginia. Messrs. Stuart F. Carwile, Gerald E. Fisher, William C. Thacker, Jr. and Lloyd F. Absent: Messrs. J. T. Henley, Jr. and Gordon Lo Wheeler. Officers present: County Executive, T. M. Batchelor, Jr.; County Attorney, George R. St. John; Deputy County Attorney, James Bowling; and Assistant County Planner, Robert Tucker .... The meeting was called to order by Mr. Thacker, Vice-Chairman. No. 1. ZMP-316 and SP-446. from March 12, 1975.) (NOTE: Holy Comforter Catholic Church. (Action on these mattar deferred Mr. Carwile abstaining during di'scussion and vote.) Mr. Tucker said the applicant has again requested that these petitions be deferred for at least one month. Motion was offered by Mr. Wood, seconded by Mr. Fisher, to defer any action'until May 28, 1975. The motion-carried by the following recorded vote: AYES: Messrs. Fisher, Thacker and Wood. NAYS: None. ABSENT: Messrs. Henley and Wheeler. ABSTAINING: Mr. Carwile. No. 2. Marshall Manors Subdivision: Request for restricted road and waiver of lot size requirements for individual well and septic systems. (Deferred from March 12, 1975.) Mr. Tucker said there are 41 lots shown on the plat. Five have already been recorded. There are eight lots in the subdivision which are below the minimum requirements of 60,000 square feet and these lots require a waiver. The property is zoned R-!. The average lot size if 2.3 acres, with the minimum lot size being 1.14 acres. This restricted road is for Rima~-Ridge Road and will serve only three lots. The Planning Commission approved the waiver of minimum'lot size and they also recommend approval of the restricted road with the following conditions: 1) and 2) The County Engineer's approval of road plans for the restricted road; County Attorney-'s approval of'the deed restrictions concerning the restricted road. Mr. Fisher asked the minimum acreage required by' the Subdivision Ordinance for Ri. Mr. Tucker said it is 1.38 acres or 60,000 square feet. Mr. Fisher asked if these lots were put to record before adoption of the new ordinance. Mr. Tucker said no. There was a preliminary plat on file, but it expired a year ago. Mr. William Roudabush was present to represent the applicant. He said the preliminary plat was presented several years ago, based on the subdivision ordinance in existence~at that time. The final plat was drawn and ready to be submitted, but Mr. Marshall decided to build the roads to state standards, at his leisure. During that .time, requirements changed. The roads have now been completed, but without final stone and surface treatment. The plat has been redrawn to alter lot lines to conform to the 60,000 square feet requirement where this could be done without losing lots. Mr. Roudabush said percolation has been no problem. The wells drilled do deliver a sufficient quantity of water. This request is for a restricted road to serve lots 11, 12 and 13. The remainder of the roads in Marshall Manors will be State-maintained. The Highway Department has approved plans for the road. Motion was offered by Mr. Wood to approve a waiver of minimum lots sizes as recommended by the Planning Commission and a restricted road, with deed restrictions approved by the County Attorney's. Office. The motion was seconded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwi!e, Fisher, Thacker, and Wood. NAYS: None. ABSENT: Messrs. Henley and Wheeler. No. 3'. Lewis Hill Subdivision: lots zoned A-1. Restricted road located on east side of Route 678 to serve seven Mr. Tucker said this request was approved by the Planning Commission. The road plans have been approved by the Count'y Engineer and the deed restrictions by the County Attorney. Motion was offered by Mr. Wood, seconded ~b~ Mr. Fisher, to approve a restricted road for Section 1 of Lewis Hill Subdivision, as recommended by the Planning Commission. The motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Thacker and Wood. NAYS: None. ABSENT: Messrs. Henley and Wheeler. No. 4. Jessie and Geneviewe Shiflett, Jr. Subdivision of lots !'and 2 containing 0.462 and 1.115 acres located on the north side of Route 674. Request for waiver of lot size requirements for individual well and septic system and Waiver of 25 feet dedication for road purposes. Mr. Tucker said this land was rezoned to R-1 by the Board of Supervisors on June 26, 1974. Lot 1 is the minimum size required by the Zoning Ordinance, or 20,000 square £eet. Lot 2 is Just over one acre. The Planning Commission approved' the waiver of the 60,000 square foot requirement of the Subdivision Ordinance for an easement for a sewer/septic system across Lot 2. They also-approved a variance of the shed located on the property line conditioned on the variance being approved by the Board of Zoning Appeals. Mr. Shiflett was presenT. He said the land was rezoned ~.by ~he Board last year. His daughter wanted to buy one of the lots and before it could be surveyed, it was put into another zone. Motion was offered by Mr. Carwile to approve the waiver of the lot size as recommended by the Planning Commission, based on the applicant obtaining a variance from the Board of Zoning Appeals, or if this is not granted the shed is to be moved or relocated, and a waiver of the 25 feet dedication for road purposes. The motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker and Wood. None. Messrs. Henley and Wheeler. No. 5. Deed: R'ivanna~Water and Sewer Authority. Mr. Batchelor said this deed of easement is across land owned by the County. The location is the lagoon in Woodbrook and the easement is needed for the sewer interceptor line presently bein~ built. Motio~ was offered by Mr. Wood, seconde~ by Mr. Carwi!e, authorizing the conveyance and authorizing the Chairman and Clerk to sign the appropriate deed. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwi!e, Fisher, Thacker and Wood. None. Messrs. Henley and Wheeler. THIS DEED made this 2!st day of'March, 1975, by and between Albemarle County, hereinafter called the Landowner, party of the first part, and the Rivanna Water and Sewer Authority, hereinafter called Authority, party of the second part, W I TNE S SE TH : That for and in consideratiom of $100.00 ~in cash paid and other valuable considerations, receipt of which is hereby acknowledged, the Landowner hereby GRANTS and CONVEYS with SPECIAL WARRANTY OF TITLE unto the Authority the perpetual right of way and easement to construct, install and maintain a sewer line consisting of pipes and appurtenances for the transmission of waste water in and upon the Landowner's lands lying in Albemarle County, which lands are shown on Sheet 8, of Project 2188, prepared by John McNair & Associates, showing a portion of the property of the Landowner, which sheet is attached to and is a part of this deed. The easement hereby conveyed is 30 feet in width e~tending 15 feet on either side of the center line outlined in RED on the said sheet hereto attached. As a part of the said easement, the Authority shall also have the r~ght to enter upon the Landowner's lands for the purpose of installing, constructing and maintaining said waste water line and for making connections thereto. Whenever it is necessary to excavate earth within said easement, the Authority hereby agrees to backfill such excavation in a proper and workmanlike manner so as to restore the surface condition as nearly as practicable to the same condition existing prior to such excavation. There is also granted an additi6nal temporary easement of 15 feet on either side of the permanent easement hereinbefore granted for the use of the contractor during the installation of said waste water line. This easement Will terminate upon completion of installation thereof. WITNESS the following signature and~ seal: ALBEMARLE COUNTY By: William C. Thacker, Jr. ATTEST: Lettie E. Neher No. 6. Report: Juvenile Gourt Facilities. Mr. Wood said he hoped this committee ~ould be able to make a final report by April 17 and the matter was ordered carried over. Notification of property owners: Proposed Zoning Ordinance. Mr. Batchelor said there have been numerous changes made in the proposed Zoning Ordinance by the Planning Commission since they held their public hearings. The Planning Commission is now in the process of sending notices to those property owners who wrote and requested changes in their zoning classificiations. The abolishment of the conservation zone will necessitate further notices. Mr. John Humphrey, County Planner, estimated another notice, like the one sent in January, will cost $6,230. Mr. Batchelor said the staff recommends sending another notice to all property owners in the County before the Board of Supervisors begin their public hearings on the ordinance. Mr. Thacker noted that this was presented for information only and the Board would consider it at a later meeting. No. 8 ANNUAL HIGHWAY MEETING. (Held pursuant to Section 33.1-70 of the Code of Virginia.) Notice of this public hearing was advertised in the Daily Progress on March 26 and April 2, 1975. Mr. Charles Perry, Assistant Resident Highway Engineer, was present. (1) Beagle Gap Road - New Addition. Miss Ellen Nash was present to rep.resent Mr. Walter Your on this matter. She said this has been brought to the Board several times. In the past, this request was denied because of the inabi$ity to get al! property owners to sign for the proper right of way. She had in hand a deed from a portion of the property owners along Beagle Gap Road, and a deed of easement from Mr. Elwood Shifflett. Mr. Thacker said the request would be accepted and passed on the Road Viewers for their recommendation. (2) Route 785 - Request for improvements. Mrs. Viola Quest presented to the Board a petition containing 39 signatures of persons requesting proper drainage and Surfacing of Route 785. She also mentioned the numerous blind curves and said there have been a number of accidents on this road. Mrs. Quest also p~esented pictures and said the road is not wide enough for adequate movement of schools buses. Also speaking to these same problems were Norma Hines, Jessie Sexton, Raymond Spears Shirley Kennedy, David Hines, and Linde Birckhead. Speaking against the 'improvements was Bill Wood. Mr. Lloyd Wood said the Board is required by the Code of Virginia to hold this meeting each year. Mr. Wheeler invited Senator Michael, Delegate Michie and Delegate Murray to appear~tonight to hear the public's comments, but they were not present. This Board can only recommend that certain improvements be made to the Highway System. No local tax dollars are used for the improvement of roads. -'The money for these improvements comes from the Highway Department and the Highway Depart- ment is partially funded b~ the General Assembly. Mr. Wood said the Board of Supervisors could use citizen support in Richmond. (3) Route 656 - Georgetown Road. the proposed bushes. Improve the alignment of the curve. Move post and eliminate Mr. Jim Kosiewicz said a petition was presented to the Board last November requesting a traffic light at the corner of Hydraulic and Georgetown Roads, widening of Georgetown and improvements to the blind curve at the intersection of Inglewood Drive. At that time, there had been a death on the curve and the road itself has a long history of accidents. Mr. Wood and Mr. Carwi!e met with citizens in the area and with Dr. B. H. Word, who owns land adjacent to the curve. Dr. Word agreed to clear brush from the curve and there was a significant improvement. Since that time, Dr. Word has added posts to the curve and the citizens are worried that trees will be planted and the curve will again be covered. Mr. Garland Canter also spoke and said he is worried that when the Barracks Road connection to the Route 250 By-pass is completed, there will be additional traffic added to Georgetown Road. Mr. Robert Carey said Georgetown Road furnishes direct access to three public schools off of Hydraulic Road and it is important to take some action. He thought that at one time Dr. Word had agreed to give additional right of way to the Highway Department and the offer was refused. Also speaking on the same subject were Janet Weary and Jean Wheby. Mr. Wood said he is sympathetic toward the Words. After the brush was cleared from the right of way, people stole the firewood from under their carport, threw trash all over their property and rode motor bikes through their yard. He said the Word's have been wronged by the citizens of the County abusing their property. He had never heard of a donation of right of way and does not feel the Highway Department would ever turn down such an offer. Mr. Wood said at one time in the Board's priorities on Hydraulic Road, Georgetown Road was included. As funds have diminished, it now appears that Hydraulic Road will take the major portion of secondary funds allocated to the County and the work may have to be done in portions. If that is the case, Georgetown Road will be a spur and have to be included at a later date. (4) Routes 627, 727, 708 and 795. surface treat. Request for improvements; grade, drain, stabilize, and A Mrs. Robertson said these roads in the southeast corner of the County have long been neglected, They are in bad condition and are typical of roads which cause problems for school buses. Also speaking was Paul Robertson, Leslie Jones and Bill Haney. (5) Route 667 (From Route 601 to Route 665). Request for improvements; grade drain, stabilize. It was noted that all rights of way were donated three years ago. Mr. Max Evans said the road has bad alignment in certain places and also poor drainage. This road serves 12 familes and four other families off of feeder roads. The vehicle count per day should qualify the road for improvement, not particularly hard surfacing, but to simply roll back the slopes and widen the road in critical areas. Also speaking was David Lamb and an unidentified gentlemen. (6) Route 769. Request for improvement; grade, drain and stabilize. Speaking were Robert Wilkerson, Jeanette Wilkerson and Dan Seal. Pictures were presented to the Board. It was noted that 15 families live on this road and there are many others owning property here who use their land for cattle raising. The blind curves and danger to school children were mentioned. Statements were also presented from the school bus driver and-the postman. (7) Route 643. Request to continue construction. Mr. George Golden mentioned that at one time there was money included in the Highway Depart- ment's budget for this improvement. Mr. Perry said the Highway Department has been-unable to obtain all rights of way-and had to temporarit~ drop this project. (8) Route 649 - ?roffit Road. curve restricts sight distance~ Two safety hazards; (1) drainage problem and (2) steep vertical Mr. Allen Collier, Jeffer~son Village Association, read into the record a letter which was presented to the Board on January 16, 1975, and which is noted in Minute Book 12, page 436. The letter basically mentioned a drainage problem and requested either a reduction in speed or a center line be painted on the road. Mr. Perry said the Highway Department is waiting for an Attorney General's opinion on the drainage problem and a traffic survey will 'be required before any recomm, endatio~ can be made on a reduction of speed. (9) Route 620. Request for new addition. Mr. Clarence E. McKamey presented a petition asking that a road off of Route 620 be taken into the Highway system. The request will be given to the Road viewers. (10) Request for bicyc, le paths along Route 29 from Woodbrook Subdivision toward the City. Presenting the request was Richard Gregory. Mr. Thacker said the County is not ignoring this matter and recommended that Mr. Gregory work with the County Planning Staff on his request. (11) Route 672. Mr. Rice Green said he lives 3/10 of a mile beyond the end of State maintenance on Route 672. He understands the road was a part of the Highway system many years ago and asked that this 3/10's of a mille be scraped. At 9:33 P.M., motion was offered by Mr. Wood, seconded by Mr. Fisher, to adjourn this meeting until 7:30 P.M. on April 16, 1975, in the Albemarle County Courthouse. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker and Wood. None. Messrs. Henley and Wheeler. Chairman 4-16-75 (Night) An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held April 16, 1975, said meeting being adjourned from April 9, 1975. Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. Absent: None. Officers present: County Executive, T. M. Batchelor, Jr. and County Attorney, George R. St. John. The meeting was called to order at 7:30 P.M. in the Albemarle County Courthouse. Because of the large crowd expected for the annual budget hearing, morion was offered by Mr. Henley, seconded by Mr. Fisher, to adjourn this meeting to the Albemarle High School auditorium at 8:00 P.M. The motion was carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley and Wheeler. NAYS: None. ABSENT: Messrs. Thacker and Wood. At 8:00 P.M. the Board reconvened in the Albemarle High School auditorium; Mr. Thacker and Mr. Wood present at that time. This was a public hearing on the 1975-76 budget advertised in the Daily Progress on April 8, 1975,pursuant to Code of. Virginia, Section 15.1-162. Mr. Wheeler began by stating that the department heads and agencies had submitted their requests for the 1975-76 budget year to the County Executive and his staff in early December. These requests were reviewed and then in the middle of February a budget was presented to the Board of Supervisors with recommendations by the County Executive. At the time the initial budget was requested in November, the county, the state, and the country were in an economic slowdown with the highest rate of unemployment since World War II. This fact influenced the staff in arriving at a budget. The budget which is the subject of this'public hearing is a concensus budget of the Board. Not all areas have been agreed upon and a final decision will not be made until~-after hearing public comments Mr. Wheeler said this is the largest crowd at any public hearing during hi-s eight years as a member of the Board of Supervisors'. He said in budget preparation, revenues must be considered. Most revenues are set by law. The only variables are real estate and personal property taxes which the Board can either raise or lower according to the wishes of the citizens. He then opened t. he_'floor for comments from the public. Comments began with Pat Harris. Ms. Harris said she is concerned about the talk of not giving teachers a raise. She finds it embarrassing that some teachers in Albemarle County are eligible for food stamps and others have to "moonlight" to provide for their families. She urged that teachers be given an increase in salary. Next to speak was Bob Shreve. Mr. Shreve said his wife is a teacher with ten years of service. If she is allowed an increase in salary, she will be within $500 of what a grocery checker, at Safeway, makes after two years experience.