1975-04-17a-16-75 (~±gHt)
~-t7-75 (Day)
Thacker said the funding for this pay plan was included in the 1974~75 budget adopted last year. The
aatual inarease was approximately $15,000 less than the amount appropriated. Mr. Wheeler said a
pay/classification plan was mandated by State law. Although there was one in effect, it was out of
date and this was a new plan.
Willis Carson said the budget message included a statement that this budget contained only a 12%
increase, or enough to cover the cost of inflation. He feels the Board should be able to adopt a
budget in a lesser amount. He mentioned other areas of concern such as, repair and maintenance of
equipment in the Finance Department, attorney's fees, salaries of supervisors and other personnel in
the Planning Department. Mr. Carson said a study was made several years ago which showed that each
house built in the County costs the taxpayer several thousand dollars a year. He asked why the Board
has not passed an ordinance to get more money from the developers to help alleviate this problem. Mr.
Carson said the teachers have been lobbying strongly tonight and he has heard only one comment against
an increase in teacher salaries. The teachers have had a yearly increase for the past 11 or 12 years
and they should be parsimonious in their demands, although he did not mean to indicate they should
receive no increase.
Allen Freeman said it is true that teachers have received an increase for the past 11 years, but
it is also true that a teacher can work in Albemarle County for 10 years and make barely over $107000.
This is not considered a large salary. He also mentioned that some neighboring localities pay life
insurance premiums for their employees.
Mr. Walter Young said the County is building a school which will cost 6.5 million dollars or $6,500
per pupil for a school housing 1000 pupils. A neighboring county is building schools for $1,000 a
pupil. He mentioned the fact that McIntire School is presently vacant and suggested that Burley is
only being used to one-half capacity.
Mr. CharleS Hill said the western Albemarle high school is to house 1350 students. You cannot
compare City and County school sy.stems. There are too many variables. The petitions signed by
teachers indicated that 56% of those signing live in the County. ThErefore the other 44% must live
in the City and they have to pay the same expenses as other residents of the City, plus extra travel
expenses to get back and forth to work.
Sam Paige said he is a farmer and his income last year was 60% less than the previous year. He
supports Ms. Rosenblum in her statement that other sources of revenue are needed other than the real
property tax.
Willis W~lliams said he is an etection official. He suggested that the money spent to feed and
pay election officials for their services be deleted. He asked how many times a month the Board of
Supervisors eats on County money. Mr. Wheeler said he was not sure, it might be two times a month.
Mr. Williams said it does not sound like much, but soon the bucket is full. He feels the County
should be run more efficiently.
Marian Marshall said she is a high school drop out and makes more than most of the teachers.
is employed by Safeway.
She
Mr. Wheeler then closed the public hearing and asked for comments from Board members.
Mr. Henley said his horoscope today said to be diplomatic and a good listener.
speech.
That ' s his
Mr. Thacker said it was a pleasant change to see so many people take an interest in the budget.
Mr. Carwile said with respect to teachers salaries, the Board is dealing with the most important
resource in Albemarle County, its children. The teachers mold the future of the children and this
must be taken into account when lOoking at the School Board's budget.
Mr. Wood said there have been many work sessions held on this budget and he is prepared to
vote on it as presented.
Mr. Wheeler said he appreciated comments on the budget procedure. He said the Board
should have made some drastic recommendation before. He said it is the desire of the Board to
represent the true feelings and thoughts of the citizens. A vote will be taken on the budget next
week and the Board will try to provide the citizens with a budget that will give ample services.
At 10:15 p.m., the meeting was
adj our~~
Chairman
g-'i7-75 (Day)
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on
April 17, 1975, at 9:00 A.M. in the Board Room of the County Office Building, Charlottesville, Virginia.
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 Executiva, T. M. Batchelor, Jr.; County Attorney, George R.
Deputy County Attornies, Frederick Payne and James Bowling.
St. John;
No. 1 and No. 2.
Wheeler.
The meeting was called to order and began with The Lord's Prayer led by Mr.
4-17-75
No. 3. Approval of Minutes. Motion was offered by Mr. Carwile, seconded by Mr. Fisher, to
approve the minutes of the meetings of January 16, January 22 (afternoon), January 22 (night),
February 12, and February 20, 1975. The morion carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
No. 4. Report and appropriation, Ivy Landfill. Mr. J. Harvey Bailey, County Engineer, was
present. Mr. Bailey said the landfill operators have had difficulty with high winds scattering
paper and there is a good deal of clean up work to be performed. There have been a number of accideni
on Route 637 which having nothing to do with the landfill operation itself. Mr. Robert Warner of
the Highway Department sai'd he has receive
the Board and Highway Department for upgra
crew to work on this project. Mr. Wheeler
Bailey said it will probably be June 1st b
At that time, negotiations can begin on ac
unable to obtain these rights of way, peti
table is yet available.
Mr. Wood said David Carr, Chairman of
a letter concerning used car parts which a
to professional scrap people. He asked Mr
were confined to the body of the car witho
to handle. He understands it is a long st
accepted but he will discuss the mavter wi
the City has any objections. Mr. Fisher s
this~practice is forbidden. Mr. Batche!or
ago. There are problems inherent in takin
There should be several alternatives avail
The Board then returned to discussion
the staff requests several transfers and a
of a memo handed to the Board, Mr. Fisher
BE IT RESOLVED by the Board of S
the sum of $37,212.42 be, and the sam
funds and transferred to the codes ii
1) $1,900.00 to be appropriated
General Operating Fund and coded to 1
2) $27,561.45 to be appropriate
to the General Operating Fund and cod
a pit burner and a crane.
3) $7,750.97 to be appropriated
General Operating Fund and coded to 1
fill fire which occurred during Augus'
BE IT FURTHER RESOLVED that $488
Code t0J.2-601 for seeding of the lanl
The foregoing motion was seconded by Mr. C~
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Th~
None.
f from the District Highway Office the~:agreemen~:between
fling of Route 637. He wi'll now request another survey
asked when this project will be put out to bids. Mr.
sfore plans are received from the District Highway Office.
~uisition of rights of way. If the Highway Department is
ions for condemnation will have to be filed. No time-
the Albemarle County Planning Commission, has written him
'e not accepted at the landfill and aZs-o arc,not acceptable
· Bailey for his suggestions'. Mr. Bailey said if this
~t the engine~, he did not' think it would be too difficult
~nding policy of the County that these parts will not be
~h Mr. Guy Agnor, City Director of Public Works, to see if
~ggested that the County's ordinances be checked to see if
said the staff had discussed this problem several months
~ cars at the landfill; mosquitos, rodents, expense.
~ble and the solution will not be a quick one.
of subject matter Under Item No. 4. Mr. Batchelor said
ppropriations for items at the Ivy Landfill. After reading
~ffered motion to adopt the following resolution:
lpervisors of Albemarle County, Virginia, that
hereby is appropriated from the following
~ted:
from the General Fund and transferred to the
~J.2-406, Materials and tools.
from Revenue Sharing Funds and transferred
d to 10J.1-602 for purchase of a tire splitter,
from the General Fund and transferred to the
)J.1-299 for final payment of suppression 0f-~Iand~
and September, 1974.
67 be transferred from Code 10J.2-602 to
lfil! site.
~rwile and carried by the following recorded vote:
~cker, Wheeler and Wood.
No. 6a. Street sign request-Batesvil~e Road. Mr. Batchetor said a Mr. Fisher from Holiday
Trails had~ requested a street sign be erecSed on Route 6~2 stating that the road is named Batesville
Road. Mr. Warner said he had referred Mr. Fisher to the County Planner because he knew the County
had done preliminary work on naming roads in the County. He said although this request has validity,
there are many local roads in the county wt~ich do not have a local name. Mr. Gerald Fisher said h'e
did not think street signs should be erect~d without having some type of plan established first. He
asked for a deferral to allow him time to
upon by most of the area's residents. Mot~
Carwile, seconded by Mr. Wood and carried
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Th
None.
No. 6b. Request to accept streets in
(Mr. Carwile abstaining during discussion
Mr. Warner said normally the Highway
one total unit, but in view of the economi
once the residency requirements have been
Motion was then offered by Mr. Wood,
BE IT RESOLVED by the Board of C
that the Virginia Department of Highws
the Secondary System of Highways, subj
Resident Highway Department, the foll¢
Subdivision:
Robin Lane - beginning at Statio~
line intersection of Station 27+40.62
Robin Lane in a northwesterly directi~
Lane in Hollymead-Section Two.
~sk local residents if Batesville Road is the name agreed
.on to defer this request until May 15 was offered by Mr.
~y the following recorded vote:
.cker, Wheeler and Wood.
Hollymead subdivision into the State Secondary System.
.nd vote on this matter.)
,epartment prefers to take in' roads in a subdivision as
situation, they can agree to take in such roads individual
.et.
econded by Mr. Thacker, to adopt the following resolution:
unty Supervisors of Albemarle County, Virginia,
ys be and is hereby requested to accept into
ect tm final inspection and approval by the
wing roads in Section Two in Hollymead
0+00 of Robin Lane, a point common to the center
of Hollymead Drive (State Route 1520); thence with
n 879.48 feet to Station 8+79.48, the end of Robin
Poe's Lane - beginning at Statio 0+00 of Poe's Lane, a point common with the center
line intersection of Statio~
~-17-75
BE IT FURTHER RESOLVED that the Virginia Department of Highways be and is hereby
guaranteed a 50 ft. unobstructed right of way and drainage easements along this requested
addition as recorded by plats in the Office of the Clerk of the Circuit Court of
Albemarle County in Deed-Book 531, page 313 and Deed Book 531, page 311.
The foregoing motion carried by the following recorded vote:
AYES: Messr's. Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
ABSTAINING: Mr. Carwile.
No. 6c. Four Seasons Road Bond. Mr. Frederick Payne said he was not prepared to speak on this
matter today and asked that it be carried forward.
No. 6c. Hessian Hills Roads in the section on the west side of Georgetown Road. Mr. Warner
said Mr. Daley Craig has agreed to patch, resurface and perform other work needed to bring these
roads up to State standards. The only major problem which has not been resolved is that of a cul-
de-sac on tturbridge Road.
Mr. Carwile read the following paragraph from a letter dated March 20, 1975, addressed to Mr.
Wheeler from Mr. Craig: "At the March 20th Board meeting you requested that you be provided prior
to April 17th a date by which we expect to have the Hessian Hills sections 5 and 6 road acceptable
for adoption by the Virginia Department of Highways for state maintenance. That date is July 31, 1975."
Mrs. Mary McNi~t was present. She said that Mr. Craig had patched .the roads one time and the
job was inadequate. When this matter was discussed at last month's meeting, Mr. Craig had indicated
that the roads would be patched one time before the final paving. She did not think the State would
accept the roads in their present condition. Mr. Warner said any interim measure taken by Mr. Craig
would be alright, but the Highway Department will no~ accept the roads until completely resurfaced.
Mr. Carwile said there is presently a bad situation in Hessian Hills, Sections 5 and 6, regarding
the roads. However, the residents will have to bear with the Board until the permanent treatment is
put on the roads. It is difficult for the Board to force Mr. Craig to patch the roads in any permanent
manner at this time, but the County does have a procedure by which to require that the roads be
resurfaced and brought into the State System. Mr. Craig has agreed to do this by July 31 and if it
is not done, the Board will take action to see that the work is completed.
Mr. Wheeler suggested that this matter be continued on the agenda until the roads are completed.
No. 6c. Georgetown Green Road. Mr. Warner said hopefully some drainage items will be completed
next week and~ at that time the roads will be ready for acceptance. The work will be reviewed by the
ho~meowner's association to ascertain that the work has been completed in a satisfactory manner.
Mr. Tom Wilson, Georgetown Green Homeowner's Association, was present. He said since his last
appearance before the Board, he had met with Mr. Warner and iL of the 17 items which were substandard
have now been completed. The homeowner's have now paid $13,800 to complete the remaining items. He
presented the following petition to the Board:
"April 16, 1975
"We the undersigned, officers of the Georgetown Green Homeowners~' Association, Inc.,
do hereby~request, in accordance with the law and the recommendation of Robert G.
Warner, Highway Engineer, that the Board of Supervisors petition the State Highway
Department to take into the State highway system the road through Georgetown Green,
amounting to one-quarter (~) mile, more or less, contingent upon final road s~andards
being completed and approved by the State, said work to be completed within approxi-
mately three weeks from date.
"The homeowners in Georgetown Green wish to express their appreciation of the efforts
of the Board of Supervisors in this matter.
Attest: Joyce C. Carron, Secretary
Luther A. Shuping, President
Stephen T. Yandle
Mr. Thacker then offered motion to adopt the following resolution:
BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia,
that the Virginia Department of Highways 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 road located in Georgetown Green, Albemarle County:
Georgetown Green - from State Route 743 around loop to point where loop connects
together - length 2030 feet
BE IT FURTHER RESOLVED that the Virginia Department of Highways be 'and is hereby
guaranteed a 50 ft. unobstructed right of way and drainage easements on this requested
addition las recorded by plat in the Office of the Clerk of the Circuit Court of
Albemarle County in Deed Book 440, page 93.
The foregoing motion was seconded by Mr. Carwile and carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
Mr. Warner noted that work is being performed on roads in Four Seasons and will be concluded
within the time frame agreed upon.
6d. Highway matters from the public which are not on the agenda. Mr. Carwile said he and Mr.
Wood have received a number of complaints about Georgetown Road and asked that citizens present be
allowed to make comments. Mrs. McNitt said on the curve of Georgetown Road the shrubbery was all
o~, ~e~ h~_ ~he~e have now been fence posts erected and she under-
4-17-75
of the shubbery the sight alignment problems had been solved. However other problems were created
by citi.zens going onto Dr. Word's property. The Word's worked with the-'Highway Department to try to
get some of their protection back and the posts were erected. A meeting has been scheduled for this
afternoon at 4:30 P.M. to again discuss the problem. Mrs. McNitt asked if there had been any consid-
eration given to cutting away the bank at the dead end of Hydraulic Road since the bank appears to
be of no significance. Mr. Warner said the Highway Department has considered this and although it
seems insignificant, it was of significance when the owner was contacted to give permission for the
work. Mrs. McNitt asked if the public's was considered. Mr. Warner said yes, but he must have
concurrence from the land owner before doing any work.
Mrs. Mary Masloff said she is concerned with the shoulders on the north side of Georgetown
Road. Another lady asked if anyone had considered planting trees on the curve and setting the posts
back further from the road. Mr. Wood said this has gotten to be a very touchy subject. There is a
meeting scheduled for this afternoon with Mrs. Word. They will discuss setting the posts back a
reasonable distance. Mr. Wood said this matter will stay on the agenda until sosething is finalized.
6e. Highway Matters, from Board members, no~ ox the agenda. Mr. Wood said he had discussed
with Mr. Charles Perry, Assistant Highway Engineer, Proffit Road from Route 29 North to Jefferson
Village. Mr. Perry mentioned that due to federal changes, there is a possibility federal money may
be available to pay for painting lines on the road and correction of a..~drainage problem. Mr. Warner
said the Highway Department has been working on the water problem for a long time. Although the
property owner involved does not feel it is his responsibility to eliminate the prob!em~he is cooper~
Mr. Thacker noted that he had requested the Highway Department to check a traffic hazard on
Route 20 South near Wood's Store. Mr. Warner said they have looked at the problem.
Mr. Wood said there has been discussion with Sperry Rand in reference to the crossover right in
front of Sperry. This problem is being studied by the Highway Department's Traffic Engineer and
hopefully a solution will be forthcoming in the near future.
Mr. Wheeler said there are two petitions to be reviewed by the Road Viewers. He suggested that
the following persons be reappointed as Road Viewers for the 19~5 calendar year: Messrs. John O.
Higginson, Edgar Paige, Franklin W. Yancey, H. Edward Chapman and William L. Rennolds. Motion to
appoint these persons was offered by Mr. Fisher, seconded by Mr. Wood and carried by the following
recorded vote:
AYES:
NAYS:
Messrs. Carwila, Fisher, Henley, Thacker, Wheeler and Wood.
None.
No. 7. Continuation of Public Hearing on amendment to Section 2-4 of the Albemarle County Code
regarding "Composition of Members of the Planning Commission."
Mr. Wood said this matter was deferred because he was not present-at the last meeting,
views regarding compensation for the Board of Supervisors member serving on the Plannin'g Commission
have not changed. The Planning Commission has been meeting as often as eight times a month. He
felt the Board should vote on the matter as advertised. Mr. Wood then offered motion to adopt the
following ordinance:
AN ORDINANCE TO AMEND SECTION 2-4 OF THE ALBEMARLE COUNTY CODE SO AS TO DECREASE MEMBER-
SHIP OF THE ALBEMARLE COUNTY PLANNING COMMISSION FROM ELEVEN MEMBERS TO TEN MEMBERS:
BE IT ORRAINED by the Board of Supervisors of Albemarle County that Section 2-4 of the
Albemarle County Code be, and the same hereby is, amended and reenacted as follows:
Section 2-4. Composition; appointment, terms and compensation of members.
The Planning Commission of the County shall be composed of ten (10) members, one of whom
shall be appointed by the Board of Supervisors from its own membership to serve in an advisory
capacity without voting rights and nine (9) voting members who shall be appointed by the
Board of Supervisors for terms of four (4) years each. Each magisterial district shall be
represented when practicable. Ail members of the Planning Commission shall receive compensatio~
at the rate of twenty-five dollars for each meeting actually attended, payable monthly, but
no member shall receive more than one hundred dollars a month. Voting members only shall be
counted for purposes of determining a quorum.
Mr. Wood's motion was seconded by Mr. Carwile.
Mr. Fisher said he feels that since the salary of the Board members has been increased and all
have extra obligations which they are performing outside of Board meetings, he cannot support the
motion.
Mr. Henley said he can sympathize with Mr. Wood on the number of meetings he has to attend, but
since the Board members raised their own salaries he feels that ssould be sufficient. He suggested
that the Board's membership on the Planning Commission be rotated since he would not personally want
to serve this appointment for four years. He said a lot of staff members also attend these meetings
and they receive no additional compensation for their attendance. Mr. Wheeler then called for a
vote on the motion and it carried by the following recorded vote:
AYES:
NAYS:
Mess~s. ~iCarwile,__Thacker, Wheeler and Wood.
Mr. Fisher and Mr. Henley.
Mr. Wheeler left the meeting at approximately 10:15 A.M. Mr. Thacker took the chair.
No. 8. Public Hearing as advertised in the Daily P~ogress on April 2 and April 9, 1975, to
amend and reenact Section 15-4 of the Albemarle County Code regarding "Transporting refuse, etc. in
vehicles.
No one from the public spoke for or against the amendment.
4-17-75
Although there was a general feeling among Board members that the ordinance might be a hardship
to certain citizens, it was the concensus that this was the best available wording at this time.
There'fore, motion was offered by Mr. Wood, seconded by Mr. Carwile, to adopt the following ordinance:
AN ORDINANCE AMENDING SECTION 15-4 OF THE ALBEMARLE COUNTY CODE:
WHEREAS, the Albemarle County Board of Supervisors wishes to insure that trash being
transported to the Albemarle County landfill is not blown, spilled, or leaked from vehicles
transporting the same to the landfill;
NOW, THEREFORE, BE IT ORDAINED by the Albemarle County Board of Supervisors that the
Albemarle County Code, Section 15-4 is amended and reenacted as follows:
Section 15-4. Transporting refuse, etc. in vehicles.
No person shaI1 transport any rubbish, tin cans, trash, garbage, or any other waste or
refuse substance upon the streets, roads or highways in the county in an open or uncovered
vehicle, unless the rubbish, tin cans, trash, garbage or any other waste or refuse sub-
stance is transported in a-covered container within the vehicle.
The foregoing motion carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Carwile, Fisher, Henley, Thacker and Wood.
None.
Mr. Wheeler.
Mr. Wheeler returned to the meeting at 10:25 A.M.
No. 9. Public Hearing: An ordinance to amend the Albemarle County Code by adding in Chapter
2 an Art±cle numbered XI containing Sections numbered 2-57 and 2-58 relating to the establishment of
terms for the Charlottesville-Albemarle Regional Jail Board. Notice of this public hearing was
advertised in The Daily Progress on April 3 and April 10, 1975.
No one from the public spoke for or against adoption-of this ordinance. Motion was then offered
by Mr, Henley, seconded by Mr. Wood, to adopt the ordinance as advertised. The motion carried by
the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, ~Thacker, Wheeler and Wood.
None.
(The complete wording of the ordinance as adopted is set out below.)
AN ORDINANCE TO AMEND THE ALBEMARLE COUNTY CODE BY ADDING IN CHAPTER 2
ARTICLE II CONTAINING SECTIONS 2-57 and 2-58 RELATING TO THE ESTABLISH-
MENT OF TERMS FOR THE CHARLOTTESVILLE-ALBEMARL~ REGIONAL JAIL BOARD
BE IT ORDAINED by the Board of Supervisors of Albemarle County that the
Albemarle County Code, be amended to contain Article XI, Sections 2-57 and
2-58 as follows:
Section 2-57. Members of the Charlottesville-Albemarle Regional Jail Board.
The Charlottesville-Albemarle Regional Jail Board created pursuant to a
resolution duly adopted by the City Council of the City of Charlottesville on
April 9, 1974, and by the Board of Supervisors of Albemarle County on April 18,
1974, shall consist of seven (7) members. The Board shall include the sheriffs
of the City of Charlottesville and County of Albemarle who shall serve for a term
consistent with their respective terms as sheriff; one member of City Council
to be appointed by the Council and who shall hold office at the pleasure of the
Council, but no longer than h±s term of office on City Council; one member of
the Board of Supervisors to be appointed by the Board of Supervisors and who
shall'hold office at the pleasure of the Board of Supervisors, but no longer
than his term of office on the Board of Supervisors; one private citizen from
the City and one from the County, to be appointed by the respective governing
bodies for'terms of three years, and one additional private citizen to be
appointed jointly by the governing bodies for a term of three years.
Section 2-58. Same; vacancies; maximum number of terms.
Members of the Board in office on March 10, 1975, shall continue in office
until the effective date of their replacement appointments provided for in Section
2-57. Vacancies on the Charlottesville-Albemarle Regional Jail Board shall
thereafter be filled for an unexpired term in the manner in which original
appointments are required to be made. Continued absence of any member for
regular meetings of the Board shall, at the discretion of the City Council and
Beard of Supervisors, render such member liable to immediate removal from office.
No private citizen member of the Board shall serve more than two consecutive
three year terms.
Not Docketed. Mr. Henley informed the Board that the City had received a $100,000 grant for
capital expenditures when the Jail first opened. The Jail Board has voted to use part of that money
for the fencing requested last year and also for conversion of an existing multi-purpose room into a
recreational facility for prisoners. Any money in the capital budget which is not spent will be
reverted to the City and County. Mr. Wheeler congratulated the Jail Board ~for finding a way to pay
for the fencing without making supplemental requests to the governing jurisdictions.
No. 12. Approval of Lease - Jailer's P~sidence. Motion was offered by Mr. Wood, seconded by
Mr. Carwile, authorizing the Chairman to sign the following lease when same is approved by the Judge
of the Circuit Court. The motion carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
4-17-75
LEASE AGREEMENT
This agreement, made this day of 1975, by and between Albemarle County, Virginia,
hereinafter referred to as Lessor, and the Albemarle County Service Authority, hereinafter referred
to as Lessee.
WI TNES SETH :
That fori~amd~in_conside~ation of the premises hereinafter set out and mutually agreed upon,
Lessor does hereby lease and demise unto the Lessee for a term of five years the following premises:
.... The space located in that building known as the "Jailer's House", off the intersection of Park
Street and East High Street, consisting of approximately 800 square feet belonging to said Lessor,
constituting all of the ground floor and right to use bathrooms in said building together with
access thereto by the stairway affording such access, as shown on a plat entitled "Jailer's House",
dated January 7, 1975, on file in the Office of the County Engineer, Albemarle County, Virginia,
hereinafter called the Jailer's House.
1. The rent for the five year term of this lease shall be the Lessee reimbursing the Lessor
in an amount up to but not exceeding $15,000.00 for costs incurred by the Lessor in the renovation
of the Jailer's House, including cleaning up and painting or papering, carpentry work, rewiring, air
conditioning the premises, other inside repair and decorating, outside refurbishing, and other
miscellaneous remodeling necessary to make the Jailer's House an adequate office building for
Lessee's and other's office use. If the necessary cost incurred by the Lessor in remodeling the
Jailer's House for Lessee's and other's use exceeds $15,000.00, those costs of renovation above
$15,000.00 shall be the sole responsibility and obligation of the Lessor. Renovation of the Jailer's
House shall be undertaken by the Lessor. However, the Director of the Albemarle County Service
Authority shall have the right to oversee and direct the renovation in such manner as he sees fit,
with the power to require changes and corrections which he considers necessary to make the Jailer's
House an adequate office building for Lessee's use.
2. Lessee covenanvs to pay the renovation expenses of the Jailer's House up to a total of
$15,000.00 within thirty days after renovation bills are ~presented to it, with verification of
expenses incurred, by the Lessor.
3. Lessor covenants that it will be responsible for all water and utility bills, including
heating and air conditioning expenses, gas bills, and electric bills, for the length of'the lease.
Lessor shall be responsible for supplying janitorial services and shall further be responsible for
replaaement of light bulbs, floor tiling, and windowpanes which may be in need of replacement, for
the length of the lease.
4. Lessor covenants to maintain the premises, keeping the premises in good repair, including
repair of all heating and air conditioning mechanisms, plumbing, electrical systems, carpentry Which
may prove necessary, for the tength of the lease.
5. Lessor shall be responsible for meeting all federal, state and local health, safety, and
building requirements concerning the renovation of the premises and the use of the premises by the
Lessee.
6. Lessor covenants with the Lessee for its peaceful possession and quiet enjoyment of the
demised premises during the term of this lease.
7. The Lessor shall permit the Lessee and its invitees, to have the exclusive right to park
automobiles in three parking spaces located adjacent to the Jailer's House for the term of this
lease. In addition, the Lessor shall provide and maintain the driveway to be used by the Lessee and
others from East High Street to said parking area and to other parking areas, and shall by appro-
priate signs, posted notices, and ground marks keep such driveway and parking spaces free from
obstructions.
8. Lessee covenanvs to save the Lessor harmless from all loss, costs, damage and expense of
any kind whatsoever arising out of any accident, damage or injury, or any claim, suit or action for
damage or injury from any and every cause whatever, either to person or property, occurring in or
upon the leased premises in connection with the use or occupation of the premises by the Lessee.
9. The Lessor covenants that it will maintain its own fire and extended coverage insurance on
the building in quastion and that such insurance will not accrue to the benefit of the Lessee. In
the event the leased premises are destroyed by fire or other casualty during the five year term of
this year, such that they are not tenable, it shall be optional with the Lessor as to whether or not
to repair the demised premises. But Lessor shall provide Lessee alternative office space with equal
or greater contiguous floor space than said office space in the Jailer's House, adequate for Lessee
to carry out its public duties while Lessor decides, within ninety days from the date of any fire or
other casualty, whether or not to repair the demised premises. If Lessor decides to repair the
premises within the ninety day period, it shall provide Lessee with alternative office space with
equal or greater floor space ~han said office space in the Jai.ler's House until such times as repairs
on the Jailer's HoUse are effectuated. If Lessor decides nov to repair the premises, or makes no
decision within ninety days from the date of any fire or other casualty, it shall provide Lessee
with alternative office space~ having equal or greater contigugus floor space than said office space
in the Jailer's House, adequate for Lessee to carry out its public duties, and pay all rental costs
of said alternative office space upon the same terms and conditions herein set forth, including all
water and gas, electricity, and other utility bills, heating and air conditioning expenses, all
janitorial services, and three parking spaces, until such time as said five year period from the
commencement of this lease is terminated.
10. The commencement date of this lease shall be that date on which Lessor's designated
Albemarle County official and the Director of the Albemarle County Service Authority supervising the
renovation of the Jailer's House for use as an office building shall certify in writing to the
Lessor and Lessee that the Jailer's House and all its facilities are substantially complete and
ready for use by the Lessee, except for that personal property required to be installed or supplied
by the Lessee. The Lessee shall have the right prior to the commencemen~ date to enter upon the
leased property at reasonable times for the purpose of installing the furniture, furnishings,
fixtures, and equipment which the Lessee is going to use on said premises during the term of this
lease.
il. The Lessor and the Lessee recognize that at some time in the near future Albemarle County
hopes to move from the present Albemarle County Office Building to more adequate facilities and
there exists a need for close cooperation and coordination between Lessor and Lessee such that t~e
4-17-75
County moves from the present County Office Building to other more adequate facilities, the Lessor
covenants to provide Lessee with office space in such new Albemarle County facility in exchange for
office space in the Jailer's House, containing equal or greater contiguous floor space than that of
the Jailer's House, adequate for Lessee to carry out its public duties, upon the same terms and
conditions herein s~t forth until such five year period from the commencement of this lease has
terminated. Lessor shall move, without any cost to Lessee, all personal property of Lessee from the
Jailer's House to the new facilities and reinstall, without cost, all equipment of Lessee in said
new facility. Lessor shall also provide Lessee, without cost, at least three free parking spaces at
the new-facility.
12. At the end of five years from the commencement of this lease, Lessee shall have the option
to extend this lease for separate and successive periods of one year each by giving written notice
of each one year renewal at lea'st three months prior to the expiration of the then current lease
term, upon the same terms and conditions herein set forth, except that the rent for the extension of
said lease beyond the initial five year term shall be determined by agreement as hereinafter provided.
If the Lessee exercises its option to extend said lease beyond the initial five year term, the
annual rent for the premises shall be set by agreement among the Chairman of the Albemarle County
Service Authority, the Director of the Albemarle County Service Authority, the Chairman of the Board
of Supervisors of Albemarle County, and the County Executive of Albemarle County, who shall meet for
said purpose within one month after the Lessee has exercised its option to extend this lease. If
these parties are unable to agree among themselves as to the fair rental value of the premises, for
the purpose of fixing the annual~rent for the renewal term, they promptly shall select a competent
real estate appraiser, who, after consultation with the said parties, shall set the annual rent for
the renewal term which shall be binding on the Lessor and the Lessee. ~The renewal lease shall
contain the same conditions as those contained in this lease, except as to annual rent.
13. Lessor and Lessee recognize that Lessee, because of rapid expansion of services and
customers, may require additional office space to carry out effectively its public duties. The
Lessee shall have the option, at any time within five years after the commencement of this lease, or
if Lessee exercises its option to extend this lease beyond its five year term, as set out in paragraph
twelve, at any time thereafter, to lease the remaining Office space contained in the Jailer's House
if the Lessee finds it needs said space to carry out effectively its public duties, provided that
Lessor is reasonably able to relocate any facilities, department or personnel then using the additional
space of the Jailer's House not a part of this lease. Such option is given upon the following terms
and conditions:
(a) If the Lessee exercises this option to lease additional space, the Lessor and Lessee
shall enter into a written agreement modifying this lease. Such modification shall reflect and be
governed by the terms of this lease, with appropriate adjustments fOr the additional rental area.
(b) The Lessor shall use reasonable diligence to make such additional space available to
the Lessee as soon after Lessee exercises its option as it can. The Lessor shall not be liable for
the failure to give possession of the additional space by reason of the holding over or retention of
possession of occupants nor shall such failure impair the validity of this lease, nor extend the
term hereof.
(c) The annual rent for the additional space shall be at a rate per square foot to be set
by agreement between the Chairman of the Albemarle County Service Authority, the Director of the
Albemarle County Service Authority, the Chairman of the Board of Supervisors of Albemarle County,
and the County Executive of Albemarle County. If these parties are unable to agree upon a rent,
they shall promptly select a competent real estate appraiser who, after consultation with said
parties, shall set a fair market rent for said additional space which shall be binding on the Lessor
and the Lessee.
14. Lessor shall provide Lessee with office space and personnel to Lessee's Director until
such time as the Jailer's House is renovated and this lease commences.
15. It is further agreed that no waiver of any breach of any covenant, condition or agreement
herein contained shall operate as a waiver thereof on any subsequent breach thereof.
IN WITNESS WHEREOF, Lessor has caused this lease to be executed in its beha!f by Gordon L.
Wheeler, Chairman of its Board of Supervisors, and its se~l to be affixed and attested to by Lettie
E. Neher, its-Clerk, and Lessee has caused this instrument to be executed on its behalf by Myron E.
Tremain, its Chairman, and its seal to be affixed and attested to by T. M. Batchelor, Jr., its
Secretary.
ATTEST: ALBEMARLE COUNTY
By:
Lettie E. Neher, Clerk
Gordon L. Wheeler
Chairman of the Board of Supervisors
of Albemarle County
ATTEST:
T. M. Batchelor, Jr., Secretary
ALBEMARLE COUNTY SERVICE AUTHORITY
By:
Myron E. Tremain
Chairman
No. 17. Resolution to empower George R. St. John to file pleadings in defense of two suits
filed by James N. Fleming, et als. (Note: Brought on decision of Board on SP-435)
Mr. St. John noted that the suit filed by Jeroyd X. Greene on behalf of Mr. Fleming is for one
million dollars in damages against each individual member of the Board and one million dollars
against the County. The suit brought by Haugh and Helvin asks for no damages. Pleadings on the
Greene suit had to be filed wihin 20 days after service and this has been done. This action now
needs to be ratified by the Board.
Mr. CarWile then offered motion, which was seconded by Mr. Thacker, to ~dopt the following
resolution:
RESOLVED, we the undersigned Board of Supervisors of Albemarle County,
hereby authorize George R. St. John, County Attorney of Albemarle County, to
file such responsive pleadings as he may deem appropriate, and take any and
all action as County Attorney which in his judgment is appropriate in behalf of
~h~ ~n~d nf S~ervisors of Albemarle County~ in defense of the two suits
4-17-75
said Plaintiffs in the United States Court for~th~~ Western District of Virginia
by the law firm of Greene and Poindexter, and the other having been brought by
the same Plaintiffs in the Circuit Court of Albemarle County by the law firm of
Haugh & Helvin.
FURTHER, we the undersigned both individually and officially empower and
engage the said George R. St. John, as counsel for each of the undersigned
individually, in the above described suits, being advised and being of the opinion
that there is no conflict of interest in the said George R. St. John acting in
behalf of the Board of Supervisors as such, and in behalf of the individual members
as well.
FOR SIGNATURE OF: Gordon L. Wheeler, Lloyd F. Wood, Jr., Stuart F. Carwile,
J. T. Henley, Jr., Gerald E. Fisher and William C. Thacker, Jr.
Mr. Fisher asked if language in the first sentence of paragraph two obligated the Board members
as individuals to pay part of the cost of the suit. He ~a!so asked if other Board members had
considered the possibility of taking separate counsel. Mr. St. John said a paragraph could be
added stating that the Board finds that the act for which it has been sued is an act in the Board's
official capacity. He said the County is obliged to provide counsel and pay legal expenses incurred
when the Board of Supervisors is sued for an act done within the scope of the Board's.authority.
There has been no allegation within the pleadings that the Board violated their duties as the Board
of SuperVisors. It is also within the discretion of individual Board members to seek their own
counsel and if individual counsel is sought, it is still lawful for the County to pay for that
counsel.
Mr. Thacker said he understood Mr. St. John's service would be part of his officia~l duties and
any compensation would be part of ~his official salary. He recommended that the words "as part of
his official duties" be added to the last sentence in paragarph two. This amendment was accepted by
Mr. Carwile.
Mr. Wheeler said this is a monumental court case. It is not just a decision of the Board of
Supervisors that is being challenged, but also the Comprehensive Plan and the County Zoning Ordinance.
The motion, as amended, then carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
No. 14. Set public hearing date to amend the Albemarle County Code, Sections 1t-39 and 11-85,
known as Albemarle County License Tax Code. Motion to advertise these amendments for a public
hearing on May 15, 1975, at !0:00 A.M. was offered by Mr. Thacker, seconded by Mr. Wood and carried
by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
No. 15. Sale of dog tags by outside agencies. Mr. Ray Jones, Assistant Director of Finance,
was present to request a change in Section 4-'18 of the Albemarle County Code to allow for t~he sale
of dog tags by outside agencies. Motion to advertise this amendment for a public hearing on May 15,
1975,-at 10:15 A.M. was offered by Mr. Thacker, seconded by Mr. Carwile and carried by the following
recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
16a. ~-iRefund: personal property tax.
to adopt the following resolution:
Motion was offered by Mr~. Wood, seconded by Mr. Fisher,
WHEREAS, the Assistant Director of Finance of Albemarle County, Virginia,
has appeared before this Board and certified that Edwin L. Leake was erroneously
assessed on the wrong model of a 1972 Toyota for 1974 personal property taxes
on Ticket No. 107073; and
WHEREAS, the County Attorney has examined supporting evidence and consents
that such assessment was erroneous;
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the Code of Virginia,
Section 58-1142, the Board of Supervisors of Albemarle County, Virginia, does
hereby direct a refund of $28.86 be issued to Mr. Leake.
FURTHER, all supporting papers verifying this request are to be filed in
the permanent records of the Board of Supervisors.
The foregoing motion carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
16b. Refund: Business License Tax. Ordered carried over.
16c. Refund: Real Estate Tax. Motion was offered by Mr. Wood to adopt the following resolution
WHEREAS, the Assistant Director of Finance of Albemarle County, Virginia,
has appeared before this Board and certified that Franklin O. and Frances M.
Ferneyhough were disqualified in error f~nm__receiving a refund of taxes, during
roll-back of taxes in 1974, due to the addition of a new barn on their property;
and
WHEREAS, Franklin O. and Frances M. Ferneyhough should have received a
refund on Parcel No. 91-8B, for 1972 in the amount of $21.83; for 1973 in the
amount of $21.83; and for 1974 in the amount of $27.38; and
a-17-75
AYES:
NAYS:
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the Cede of Virginia,
Section 58-1i42, the Board of Supervisors of Albemarle County, Virginia, does
hereby direct a refund of $71.04 be made.
FURTHER, all supporting papers verifying this request are to be filed in
the permanent records of the Board of Supervisors.
The foregoing motion was seconded by Mr. Thacker and carried by the following recorded vote:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
Not Docketed: Mr. Wood said for those years on which the Board ordered tax refunds, namely
1971, 1972 and 1973, every taxpayer received'a refund of their tax, but no refunds were made on
the penalties paid for late payment of taxes. He asked if this could be done.
Mr. St. John said Mr. Batchelor, Mr. Jones, Mr. Harry Frazier, Mr. John Ashton and himself had
searched the Code of Virginia to see if there was any authority for giving back the penalties on
taxes which the Supreme Court had ruled were unlawful, but which, nevertheless, had been paid, but
were paid late. There is nothing in the Code which speaks to this matter, either giving aUthority
for repayment or saying the penalties cannot be refunded. Mr. St. John said it is his opinion that
if there is no specific authority for this, it should not be done.
Mr. Wheeler said there are two sides to this question. There were thousands of taxpayers who
did pay these "unlawful" taxes on time and the County did not pay them any interest for the length
of time the County held their money.
Mr. Batchelor said there are precedents for not refunding penalties. If a citizen~_pays his
State income tax late, he is charged a penalty for late payment, however, if later this tax return
is amended and the citizen receives a refund on the amount paid, no refund is made on the penalty
for late payment. He said this matter needs more staff consideration before a definite answer can
be given.
Mr. Wheeler suggested that this be included on another agenda.
No. 10. Housing Committee Report. Mr. Jason Eckford, Chairman of the Housing Committee, was
present. He said the Housing Committee requests approval of a job description for a housing
coordinator so this person can be hired immediately. Although there has been difficulty in getting
precise statistics on low and middle income housing needs for the County, the Committee feels
housing is of vital importance to County residents. Figures compiled since 1970 show that of the
10,541 housing units in the County, 2,000 do not have complete plumbing facilities; 1500 do not have
complete kitchen facilities; ~and 839 have more than one person living in one room. Not much progress
has bean made in the five years since 1970 to alleviate these conditions. Mr. Eckford said the
Housing Committee is looking for a person who has knowledge of available programs, such as Community
Action, CHIP, etc. rwha would act as a go-between or catalyst in:trying to carry out the wishes of
the Board on this program.
Mr. Henley asked if the County would have to provide this person with an office, a secretary,
etc. He feels the County already has a large enough staff. Mr. Batchelor said ever'yt±me a new
program is started, the same thing is said. There is no staff time available for this program. Mr.
Henley said he is willing to support having a person who can help people do a lot of the leg work,
but is not ready to set up another bureaucracy.
Mr. John English, a member of the Committee, said it is the committee's intention to try this
program as a trial for one year or so. Mr. Eckford said he understands funds have already been
appropriated for this position. At this time, there is no way to know how the program will turn
out. The Committee does not feel there is a need for a large staff. This is mainly for a person
to work through existing programs, such as Farmer's Home, Community Action, Charlottesville-
Albemarle Housing Foundation, CHIP, etc. The Committee makes no firm recommendation at this time,
but may well return to the Board at a iater date and request a housing foundation be formed. This
is an entirely .different idea but may be more in l±ne with what the Board of Supervisors wants.
Motion was then offered by Mr. Carwile, seconded by Mr. Woo.d, to adopt the job description
which follows and to employ such person:
HOUSING COORDINATOR
Definition
Following the priorities as established by the Housing Committee of the Board
of Supervisors, to plan and coordinate efforts to obtain low and moderate cost
housing for residents of Albemarle County.
Typical Tasks
Through community and institutional contacts, locates land suitable for either
Si~g!.e.i~nit. i~or multiple unit sites in the County; obtains clear title to such
lands; obtains suitable financing through available financing programs. Reviews
requirements of planning, zonin~g, h~a!th and building and legal codes to determine
suitability of sites. Prepares information for and appears before proper County
Boards and Commissions should variances, special permits, etc. be necessary.
Pursues and facilitates the actual, construction and occupancy of housing on such
sites. Coordinates rather than duplicates efforts of existing organizations and
sources to make home sites available to low and moderate income housing seekers.
Performs necessary public relations functions to make services known to the public.
Employment Standards
Graduation from an accredited college or unive'rsity, and at least two years signifi-
cant work experience in the field of housing, planning, real estate or rural develop-
ment, or a related field. Work experience may be substituted for educational require-
ments. Ability to work with public and civic organizations. Ability to comprehend
wide variety of tasks and programs. Ability to speak and write to financial, business,
governmental and community groups. Must be conversant with legal problems involved
and able to supervise and expedite development.
Mr. Fisher asked the salary range for a person with these qualifications. Mr. Eckford said
4-17-75
Mr. Thacker recommended that the wording of' the'second sentence under "Typical Tasks" be
changed to read "aid in clearing title" and the wording in the th'ird sentence be changed to read
"aid in obtaining suitable" Amendment was accepted. Motion then carried by the following recorded
vote:
AYES: Messrs. Carwi!e, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: ~None.
Mr. Wheeler thanked the committee for their efforts and said the Board will look forward to
their next report.
No. 11. Scottsville Flood Management and Economic Revitalization Program application to HUD.
Mayor Raymon Thacker was present along with Mr. Tom Bruce, Council member, Mr. Donald J. BaIzer
of Balzer and AsSociates, and another representative of his firm.
To begin, Mr. 'J. Harvey Bailey, County Engineer, read some of the staff's concerns, drafted in
the form of a letter, regarding this program.
"We have received your request that the Flood Management and Revitalization Program
proposed by the Town of Scottsville, for which a preapp!ication for Federal
Assistance has been made, be endorsed by a resolution of the Board of Supervisors
of Albemarle County. The County staff has also met with officials from the Town
and the consultant who prepared the program. From this meeting, the staff gained
the following understanding of Scottsville's position and progress on its Flood
Management and Revitalization Program.
The plan prepared by Balzer and Associates is conceptual in scope and has minimal
engineering study. However, the cost figures cited are intended to comprehend all
cost incidental to the proposed development, including land, utilities and other
costs.
Uniroyal has an opportunity to contribute to the scope of the plan. The C & 0
Railroad Company and Fluvanna County have not been approached by the Town.
HUD is the prime mover in securing grant funds. HUD is now ready to make available
funds for the engineering and construction of the Mink Creek phase of the development.
It is the intention of Scottsville to proceed with the flood control facilities on
Mink Creek while the details of the floodwall, roadways and pavilions are being
prepared. We understand that whatever monies are surplus to the needs of the Mink
Creek phase of the project may be applied to the later phases of the project - for
design and construction.
HUD is also attempting to interest other agencies in financing the various parts of
the plan, particularly, the Department of Highways and Transportation.
Prior to the approval of~any contracts for construction, an environmental impact
study is to be made and approved.
Although this meeting between the staff 'and Scottsvitle officials clarified the
staff's understanding of the proposed plan on several points, there remain other
areas of concern on the part of the County relative to the plan's preparation,
execution and the operation of the facilities the plan will bring into existence.
It seems prudent on the part of the County that it satisfy itself on the following
points, prior to giving its approval to Scottsvi!le's request for endorsement:
The County of Albemarle, County of Fluvanna, Albemarle Service Authority,
Rivanna Water and Sewer Authority, C & 0 Railway Company, Appalachia~
Power Company, Central Telephone Company, and any other utilities
affected by the proposed construction be given full opportunity to state
their needs and preferences to the planning consultants.
The County of Albemarle reserves the right to protect the interest of its
taxpayers against damage from the construction of the proposed facilities.
A feasible plan for financing the operation and maintenance of the proposed
facilities be adopted by the Town of Scottsville~
The cost of the proposed plan be shown commensurate with the benefits
derived therefrom.
Thisei~i~d~edda~massive undertaking on ~the part of Scottsville. Despite certain
assertions made in the report prepared ~by Balzer and Associates, we wonder if
alternatives to Scottsville's situation have been fully weighed against the proposed
solutions."
Mr. Thacker asked if the Board, at a pravious meeting, had not approved an endorsement for the
preapplication of funds. The answer was yes. Mr. Humphrey said his basic concern had been that
impact studies and basic engineering be accomplished prior to any construction. During the staff's
meeting with representatives of Scottsville, it was understood that this will done with "front
money" available for the entire project.
Mr. Balzer said this is one of two projects in Virginia selecte'd by the Federal Regional Council~_
for coordination with other Federal agencies. He understands that for the Mink Creek Reservoir,
which is the first phase, an environmental assessment, then an environmental impact study must be
made before any draw down of funds for desi~gn of the dam. If the Town is then allowed to proceed,
they will need on-site management and EDA has indicated they do have funds available for this as
long as there is a favorable expression from Albemarle County and the Thomas Jefferson Planning
District Commission.
Mr. Wheeler asked if any of the utilities mentioned had been contacted about replacements and
changes and who will pay for these changes. Mr. Ba~zer said he understood when Mr. Bailey read the
memo that he was referring to much later stag~s of the project. The Mink Creek Reservoir does not
affect any utilities.
4-17-75
The staff had cer.tain questions and he is plaased to see that all parties have met to try and
determine answars to thoae questions.
Mr. Fisher asked if the Board w~as being requested to approve the final application for funds.
Mr. Balzer said the final application is being prepared. Zt does require zpproval of the T. J.
Planning District Commission, but does not specifically require approval of the Board. However, he
did think the Planning District would be looking to the Board for their feelings regarding this
project. Mr. Fisher asked if a plan for financing the operation and maintenace of the dam will be
addressed in the final application. Mr. Balzer said no. The first step, after money is appropriated,
is the environmental assessment and impact statement. After that first step, money will become
available for preliminary engineering of such things as soil investigation, surveying, thickness of
the dam wall, complications anticipated in maintenance of the dam, etc. The dam is being considered
not only as a water impoundment for flood protection but also as a desirable aesthetic feature for
the Town. Ail other questions will be addressed in a later application.
Mr. Wheeler asked who will operate and maintain the dam in the years that follow construction.
Mr. Balzer said a system will be set up but has not been worked out at this time. Mr. Thacker said
the Board does not know whether the Town of'Scottsville will be able to maintain and operate the
facility or if they will be looking to the County to fund the operation. Mr. Wheeler asked Mayor
Thacker to answer this unresolved question. Mayor Thacker said he did not know the answer at this
time. Mr. Tom Bruae said on the first phase, the Town will be able to maintain it, but will have to
wait for final engineering studies to determine what the exact maintenance costs will be.
Mr. Fisher said he feels the question of long term responsibility and liability for the dam
should be addressed at this time. Who will be responsible if the dam washes our and destroys downstream
properties? Who will rebuild the dam if that happens?
Mr. Carwile said it is correct for the Board to express their concerns now, but he also understands
the Town's position in attempting to receive funding so they can go into further detail. The Town
must come back for approval from this Board, before construction, to determine that the facility is
designed in accordance with the Comprehensive P~an. It is premature to expect the Town to tell the
Board exactly how they are going to solve these problems.
Mr. Bruce'said the Town is aware of the problems. The whole program will have to be supervised
by a steering committee which will be represented by the County staff, P.D.C. 10 and the Town.
A gentlemen from Balzer and Associates said t~is plan was developed as a concept whereby numerous
problems would be solved. The preliminary engineering design still must be done. After that,
it will be submitted to the various agencies which will be financially and legally ±nvolved. Even
after this design is reviewed by all these agencias, no construction money will have been spent.
The project must be economically feasible before receiving money for construction.
Mr. Balzer said he has been concerned about one aspect of the Mink Creek Reservoir. This
project is outside of the Town limits and he does not think the Town has-eminent-domain power to
acquire property. He has recently written to Lindsay Dorrier, who has not replied, but has in
effect endorsed assurances in the application that the Town of Scottsville has the legal authority
to carry out Stage I. There is also a question that if the County did use eminent domain power if
the County would own the dam and who would be responsible for its maintenance.
Mr. St. John said it can be arranged that Scottsville is responsible if that is the concensus
of the Town and the County. The application at this time does not make the County responsi~!~
for maint'enance or damages to downstream owners. There was a suit of this nature, but the Judge
ruled that the County is immune to this sort of liability.
Mr. Batchelor said the staff encourages the Town in their final application to request funds
for the engineering feasibility of the remainder of the project, not just for the Mink Creek stage.
The staff feels strongly that now is the time to get financing for that information so there will
not be a last minute crunch.
At this point, the subject was dropped.
18a. Land Use Ordinanoe: Readoption of ordinance. Miss Page Godsey, Administrative Assistant,
said the Chairman had asked that this be placed on the agenda in order to make a statement or answer
questions from the public about tha~Board's intention to continue this ordinance in effect for 1976.
For purposes of notification, Mr. Thacker offered motion to continue the Land Use Tax Ordinance
in effect for the year 1976. The motion was seconded by Mr. Henley.
Mr. Wood said he would vote for the motion, but the record should show that the Board has been
receiving opposition to the ordinance and the amount of money it is costing. This ordinance will
have to be scrutinized in the future to see that it does not become too large a burden on the other
taxpayers. Mr. Fisher agreed with Mr. Wood but said it will probably be three'years before any
definite answer can be obtained. Motion then carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None. '
18b. Land Use Ordinance: Revalidation requirements. Miss Godsey said the staff studied the
possibility of sending every landowner presently covered by this ordinance a revalidation form
asking if they have changed the use of their land. However, upon re-reading enabling legislation it
was found that if an affirmative answer was received, the Land Use Office is still required to send
that person an application form to be filled in and returned. The staff has two questions for the
Board: (!) Does the Board agree to the revalidation procedures; and (2) Since State law requires a
new application form be filed by anyone changing use of their property, is that person to pay
another filing fee or should filing fees only be charged for new applicants?
Mr. Wheeler said State law requires applicants to notify the Land Use Office of any change in
use of property, therefore, he feels the revalidation iS unnecessary and only makes additional staff
work.
Miss Godsey said the staff felt that administratively the revalidation procedure would be good
since some people are not aware that if they change the use of their land they must reapply or be
penalized. Mr. Carwile suggested that a notification be included on the real estate tax ticket.
4-17-75
18c. Land Use Ordinance: Refund of Filing Fee. Miss Godsey said two landowners had applied
for land use tax assessment and paid the $15.00 minimum filing fee. It was later determined that
neither of these owners qualify because the land does not have a five year history of'qualifying
use. The applications were taken during the rush period just prior to November 1 and there was not
time to discuss requirements with the applicants. The staff has discussed the circumstances and
there was no attempt to misrepresent facts by the applicants. Motion was then offered by Mr. Thacker,
seconded by Mr. Wood, to make refunds to Robert Thraves and Conway F. Stanley in the amount of
$15.00 each. The motion carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile,~ Fisher, Henley, Thacker, Wheeler and Wood.
None.
The Chairman, at this time, recognized several Albemarle High School Students who were present.
13. Licensing and Registration of Magazine Salesmen. Sheriff George Bailey was present. This
matter was deferred from March 20 to allow the County Attorney time to draft an ordinance on the
question.
Sheriff Bailey noted that he had been photographing persons registering with the Sheriff's
Office for two years. In a letter from the County Attorney, dated January 13, 1975, it is stated
that the Attorney General held that a county could require magazine salesmen to register with the
Sheriff, by the authority granted it under Code of Virginia, Section 15-8, f~r[~the purpose of
identification, prior to selling magazines, provided no unreasonable conditions or limitations were
placed upon registration. The ordinance drafted by the County Attorney calls for fingerprinting,
but since fingerprinting was set up for crimes, he questioned whether this is reasonabl-e. ~Sheriff
Bailey said he had discussed the or~dinance with the Commonwealth'.s Attorney and asked h±m'~to write a
letter to the Board giving his opinion.
Mr. Wheeler said the Board has received no such letter. In October, the Board passed a resoluti¢
asking Mr. Haugh to appear before the Board. In December, he wrote saying he had been too busy to
answer the resolution and today, April 17, the Board still has not received a reply. Mr. Wheeler
then requested that the proposed ordinance be read into the record:
ORDINANCE AMENDING AND REENACTING SECTION 13-15 OF THE ALBEMARLE COUNTY CODE,
REQUIRING MAGAZINE. SALESMEN _TO REGISTER WITH THE SHERIFF OF ALBEMARLE COUNTY
AND PAY A REGISTRATION FEE
Section 13-15. Magazine Salesmen-Registration Required, Payment of Fee.
It shall be unlawful for any person to sell or solicit subscriptions to magazines
in the County unless such person shall have firSt registered his name, address and by
whom employed with the Sheriff of the County and been photographed and fingerprinted
by the Sheriff of the County. A registration fee of $ shall be required from
such person to cover the cost of the registration. The provisions of this section shall
not be applicabl~ to school children of the County.
Mr. St. John said the Board must establish a fee for the ordinance and the fee must be directly
related to the Sheriff's cost of registration. It cannot be revenue producing. Mr. Batchelor said
35.00 should be adequate. Mr. Fisher asked who would collect the fee. Sheriff Bailey said he would
do this and give a receipt. Mr. St. John said the ordinance cannot say the Sheriff may do this
because a legislative decision cannot be put into the hands of the Sheriff. The ordinance must be
mandatory and a criminal offense if not complied with.
Motion was offered by Mr. Wood to advertise the above ordinance for a public hearing on May 15,
1975, at 10:30 A.M., with a $5.00 registation fee. The motion was seconded by Mr. Thacker and
carried by the following recorded vote:
AYES:. Messrs,. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None?.
The Cl~ark was requested to send a copy of the ordinance to the Commonwealth's Attorney.
At 12:09 P.M., the Board recessed for lunch, but at the same time, at the request of the Chairma~
Mr. Fisher offered motion to adjourn into executive session at 12:30 P.M. to discuss legal matters.
The motion was seconded by Mr. Wood and carried by the fotlowin~ recorded vote:
AYES:
NAYS:
Messrs. _Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
The Board reconvened at 1:40 P.M.
Not Docketed: Mr. Wheeler declared May t, 1975, as Law Day and asked that the following
proclamation be read into the record:
LAW DAY
PROCLAMATION
It is especially fit~i~g~on~the occasion of the dual observances this year of
Law D~y ~.S.A. on May 2, and our nation's Bicentennial celebrations in 1975 and 1976,
that every citizen reflect on the role of the rule of law in safeguarding individual
rights..
This year will mark the 18th annual nationwide observation of Law Day.
theme selected in recognition of this important event is:
The
America's Goal -
Justice Through Law
Equal justice under law has been-an American goal ever since Alexander Hamilton
wrote~'192 years ago that an independent judicial system is "the best expedient which
can ~be devised to secure a steady, upright and impartia~l administration of the law."
4-17-75
NOW, THEREFORE, I, Gordon L. Wheeler, Chairman of the Albemarle County Board of
Supervisors, do hereby proclaim Thursday, May 1, 1975, as LAW DAY U.S.A. in Albemarle
County, Virginia, and urge all the citizens of this community to recognize this
special day and to join in its observance through court visitations and by attending
bar association~spo~sored Law Day programs.
19. Piedmont Virginia Community College Parking Ordinance. Mr. James Bowling, Deputy County
Attorney, said he had talked with Mr. P. J. Jenkins at Piedmont and he will use means presently
available under Albemarle County Code Section 12-84 to alleviate the situation.
20. Notification of Property Owners regarding proposed zoning ordinance and map. Mr. Carwile
asked if the Planning Commission had made many changes in the ordinance since their public hearings.
Mr. Wood said yes.
Since there was some misunderstanding as to the cost of an additional notice, the matter was
deferred until Mr. John Humphrey, County Planner, could be called to the meeting.
21. Report: Juvenile Court Facilities. ('Mr. Thacker abstaining.) Mr. Wood said the committee
has not met but they hope to meet next Tuesday. Mr. Fisher said he had talked to the City's member
of the committee and Council is still concerned that the County departments may not be out of this
building by January. Mr. Wood then offered motion to adopt the following resolution:
WHEREAS, the Board of Supervisors of Albemarle County, and the City Council
of the City of Charlottesville, have been engaged in finding a suitable building
for the Juvenile and Domestic Relations Court; and
WHEREAS, a joint committee appointed by these bodies has recommended that all
of that certain lot or parcel of land with improvements thereon situated on High
Street in the City of Charlottesville, near the Courthouse and adjoining the Oscar
Reierson House, and being the same which was conveyed to T. J. Wills, et als, trustees
of the Charlottesville Lodge No. 389, Benevolent Protective Order of Elks, by deed of
George S. Shackelford and Virginia R. Shackelford, his wife, dated JUly 2, 1902, and
recorded in the Clerk's Office of the Circuit Court of the City of Charlottesville,
Virginia, in deed book 13, page 113, and all appurtenances including easements, rights
of way or access, ingress and egress and all other appurtenances whatsoever apper-
taining to the said property; and
WHEREAS, following the recommendations of this joint committee the two governing
bodies signed a purchase option on February 7, 1975, for said property;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County,
Virginia, that should a final decision be made to exercise this purchase option for
use of this building as a Juvenile and Domestic Relations Court, the Board of
Supervisors guarantees that the County departments of Planning, Zoning, Engineering,
and Building Inspections will be removed from the premises no later than December 31,
1975.
Mr. Wood's motion was seconded by Mr. Fisher and carried by the following recorded vote:
AYES: Messrs. Carwite, Fisher, Henley, Wheeler and Wood.
NAYS: None.
ABSTAINING: Mr. Thacker.
22. Resolution: Parks Study.~ Mr. Robert Sampson, Director of Parks and Recreation, said the
Board had requested, at the last day meeting, that they be furnished a copy of a study made by the
State Office of Recreation. This was mailed. The Parks Committee is requesting a resolution to the
State asking for a study of parks and recreational needs in Albemarle County for use as a basis for
long range planning. The study will be conducted at no cost to the County, Mr. Sampson also noted
that during the previous discussion of this matter, he had said the State Office is experienced in
making such studies. He has ~ince found that they have made only one study; that for the City of
Bristol. Mr. Carwile suggested that the Bristol study be used as a reference guide for establishing
parameters for county recreational facilities. Mr.'Sampson said the Parks Committee has talked to
these people and other people across the State and feel this study is needed.
Mr. Wheeler said the Chairman of the Parks Committee should make this request to the Board. He
is not in the mood to create jobs for State people. Mr. Henley said he feels this is the wrong year
for the County to create another bureaucracy. The matter was deferred.
23a. Appointments: Economic Development Commission. Carried over.
23b. Appointment: Joint Airport Commission. Carried over.
23c. Appointment: Albemarle County Service Authority. The Chairman noted that Mr. E. E.
Thompson had resigned in order to accept appointment as the Director of the Service Authority. Mr.
Sampson said the matter of Mr. Thompson switching from Board member to Director was cleared through
the Commonwealth Attorney's Office. Motion was offered by Mr. Henley, seconded by Mr. Wood, accepting
Mr. Thompson's resignation and directing a letter of appreciation be sent. The motion carried by
the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
20. (Deferred from earlier in the day.) Mr. Wheeler asked the cost of another *notification
before the Board's public hearing on the proposed zoning ordinance and map. Mr. Humphrey said this
would cost approximately $6,200.00. Mr. Thacker asked if the Planning Commission has finished their
work sessions with individual property owners. Mr. Humphrey said no, but they hope to complete this
work by April 31st. The staff will then need an additional 30 days in which to complete work on the
4-!7-75
Motion was then offered by Mr. Fisher, seconded by Mr-. Thacker, authorizing a second notice be
mailed to all property owners i.n Albemarle County, relative to their classification'~of land under
the proposed zoning ordinanc~e. The motion carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
It was the concensus of the Board members that this notice should not be sent'prior to the
Board's receiving a final copy of the ordinance
Not Docketed. Mr. Wheeler said he had received a letter from Citizens for Albemarle sa~ing:
~iWhen zoning decisions on properties adjacent to or near schools are under consideration by the
County, the vitally interested members of the School Board and school staff are not notified because
they do not fall within the requirements of being property owners. Yet, their responsibilities
extend to the health, safety, and welfare of the student's within their charge; particularly regarding
traffic hazards. The opportunity for the School Board and staff is necessary f'or carrying out their
responsibilities. We strongly urge that our School Board and the prinicipa! of the local School be
regularly notified of any rezoning request in their adjacent area, up to and including the nearest
intersections in all directions."
Mr. Humphrey said the Planning Department had also received a copy of the letter. The staff
takes exception to the statements contained therein. The Planning staff works with the School staff
on projected population figures.
30. Zoning Violations Report. Mr. Hartwell Clarke was present. He noted that Mr. H. H.
Tiffany (V-74-54) was in his office this date and had said he would comply with conditions before
this matter comes to trial.
V-75-05. Bridal and Formal AffAirs Center. Mr. Clarke said he understood this business would
not be considered a "new use" since the property is being used as it had been used in the past with
no changes being made in parking facilities. Thez
shop. Mr. Wheeler said he has been told that wedd
and there have been as many as 200 cars parked on
Mr. Carwile said the matter of who should fil
opinion that when "change of ownership" occurs, wi
that a citizens should not have to file a site pla
e has never been a site plan submitted on this
ing receptions are also being held in this building
the lot.
e a site plan is a valid question. It was his
thout any physical' changes-being made on the property
n. Mr. Wheeler and Mr. Thacker agreed.
V-75-21. Black Industries. Mr. Clarke said the Attorney for Black Industries, Mr. Puryear,
has requested a three-week delay on this matter in order to file a civil action against the Count
His request has been granted by Mr. Helvin of the Commonwealth Attorney's Office. Mr.Bat.chelor Y'
asked if the County Attorney was advised of this action. Mr. Payne said he was present at the
meeting where the delay was granted. In this case, the action is appropriation because it is a fact
question as to whether or not they are in violation.
V-74-54. H. H. ~iffany. Mr. Fisher asked if t-his-~'was the violation on conditions of the
permit, or the sign'violation. H$'thought one matter was brought'before Judge Pickford's court
several months ago. Mr. St. John said that suit dealt with the~nature of the business, but the
trial was postponed because there were about 73 witnesses and it was difficult to find a date when
all witnesses could be present.
V-74-42, James Shisler.
notice was extremely rude.
Mr. Wood said Mr. Shisler called him and complained that the violation
Mr. Wheeler said it has recently been brought to his attention that many of the mobile home
permits issued during the past seven years have lapsed and no one is premently living in these homes.
In one case where the home is in violation the owner was trying to sell the mobile home but because it
is an older mobile home the offers received 'ware f
mobile homes cannot be used for storage and he ask
Mr. Clarke said that the law governing mobile
Commission, Virginia Industrialized Building Commi
Code. The Commission has ruled that mobile homes
regulations of the governing locality, but have al
Code. Ail buildings, on other than working farms,
homes can be used for habitation, but cannot be us
accessory buildings must meet the Building Code.
rethinking.
Not Docketed. Mr. Clarke said American Pre-S
but must sign a lease immediately for a building.
B-1 allows for educational uses with a special per
their chances on getting the permit approved if no
definitely be denied. M~ Batchelor reprimanded M
since they could make no reply.
or storage purposes. Mr. Clarke has said these
ed the reason for this ruling.
homes in Virginia falls under the State Corporation
ssion, and their rules override the BOCA Building
can be used for habitation, subject to zoning
so stated that mobile homes do not meet the Building
must meet the Building Code. Therefore, mobile
ed for accessory or storage buildings because
~r. Wheeler said he felt this law needed some
~hool Centers has applied for a special use permit
The building they propose to use is zoned B-1 and
mit. They are willing to sign a lease and take
one on the Board knows of any reason why they would
r. Clarke for bringing suah request to the Board
24. Report of the County Executive for the month of February, 1975, was received as information.
25. Statements of Expenses of the Director o[ Finance, the Office of the Commonwealth's Attorne
.and the Sheriff's Office for the month of March, ! 75, were presented. Motion was offered by Mr.. Y'
Carwile, seconded by Mr. Henley, to approve the re~or6s as read. The motion carried by the following
recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
None.
Mr. Wood.
26. Statement of expenses for the Joint Security Complex for the month of March, 1975, was
presented. Motion was offered by Mr. Henley, seconded by Mr. CarWile, to approve the statement as
read. The motion carried by the following recorded vote:
2-17-75
28. Joint Security Complex Report. Statement of expenses incurred in the~maintenance and
operation of the Joint Security Complex was presented, along with statement of paramedic salaries and
statement of the Jail Physician. On motion by Mr. Henley, seconded by Mr. Wood, these statements
were approved as read. The motion carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
Mr. Henley noted that the Jail Board had been notified by the University of Virginia Hospital
that each visit by an inmate will be charged at $44.00 each in the future. The Jail Board is working
on a plan to get a~resident from:Zhe 'Hospital to visit the Complex in order to help cut these costs.
At the present ~time, the University has about 20 residents working in the F&~ily practice program.
27. Motion was offered by Mr. Henley, seconded by Mr. Fisher, to approve a lottery permit for
the Loyal Order' of Moose, Crozet Lodge #2164, in accordance with the Board's adopted policy. The
motion carrZed by the following recorded vote:
AYES: Messrs.,~Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
29. Report of the Department of Soc. iat Services for the month of February, 1975, was presenned
as information in accordance with Virginia Code Section 63.1-52.
31. Claim against the Dog Fund was received from Roy L. Bailey for one (1) lamb killed by dogs
on February 27, one (t) lamb killed on March 1 and one (1) lamb killed on March 3, 1975. On motion by
Mr. Henley, seconded by Mr. Wood, Mr. Bai~ley was allowed $65.00 for this claim. The motion carried by
the following recorded vote:
AYES:
NAYS:
Messr.s. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
Not Docketed. (Mr. Thacker abstaining). Mr. Wheeler said the Board had received a letter from
Joseph G. Howe, Jr. of Thacker Construction Company, in which Mr. Howe requests Board review of a site
plan approved by the Planning Commission on March 17, 1975. In particular he objects to the condition
placed on the site plan requiring"2~reening along the south fence line. Mr. Fisher bffered motion
that the Board should hear this request after normal public hearing procedures have been accomplished.
The motion was seconded by Mr. Wood and carried by the following recorded vote:
AYES: Messrs.~ Carwile, Fisher, Henley, Wheeler and Wood.
NAYS: None.
ABSTAINING: Mr. Thacker.
Not Docketed. Mr. Wheeler said that some time ago-the Board had reviewed a request to have a
portion of a road in Wakefield SUbdivison abandoned to public use. The property owners involved have
again made this request and he asked that this matter be placed on the May 15 agenda for discussion.
Not Docketed. Mr. Wheeler noted that the term of Mrs. Sally Thomas as a member of the Thomas-
Jefferson Planning DistrictiC~mmission expires on June 4. He asked that this matter be included on
the May 15 agenda.
Not Docketed. Mr. Fisher said he had received a memo from Mr. Robert Abbott of the T. J. Planning
District~Com~iss~onceencer~ing~ha'Manpower Council which is meeting tomorrow' at 11:00 A.M. at Piedmont
College to divide monies for the Manpower program. Mr. Abbott is concerned that the people who are
making the decisions on this program are the ones who are getting the money and there is almost no
local input-. Mr. Abbott Strongly-recommends that anyone who can attend this meeting.
Mr. Batchelor said Mr. Michael Carroll of the county staff who is a member of the Council had
reported that this was happening some time ago. The county made two sizable requests and is not
recommended for funding. Mr. Carroll explained that the Council feels that the agencies that train
people for employment should hav. e a priority. He agrees with this theory, but not to the extent that
it is being done in this region.
Not Docketed. The Clerk reminded the Board members that they are to ride in the Dogwood Festival
Parade on Wednesday, April 23, 1975.
Not Docketed. Mr. Wheeler reminded the Board members that Albemarle County Youth in Government
day will be May 7, 1975.
........... ~6~':'~d~P[M.., motion was offered by Mr. Wood, seconded by Mr.. Carwile, to adjourn this meeting
until 7:30 P.M. on April 22, 1975, in the Albemarle County Courthouse, for a final decision on the
1975-76 County budget. The motion carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
Chairman