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1975-09-189-15-75 (Afternoon) 9-18-75 (Day) 317 At 5:20 P.M. meeting was 'reconvened. Mr. Wheeler said very few Counties the size of Albemarle, are as fortunate in having so many well qualified employees, to be considered for the position of acting County Executive. He added that the Board had finally reached a decision, and was pleased to recommend that Mr. J. Harvey Bailey be appointed acting County Executive until such time as the new Board is organized and decide to make an appointment of a new County Executive. Motion was offered by Mr. Wood, seconded by Mr. Carwile, to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, pursuant to Code of Virginia, Section 15.1-595, J. Harvey Bailey is hereby appointed County Executive of Albe- marle County. Role was called, and motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. (NOTE: Mr. Fisher prefaced his vote by stating he had felt strongly that Mr. Ray B. Jones should have this position, but would support the motion and pledge his full support.) Mr. Wheeler proceeded to pledge the Board's full support, and stated he expected Mr. Bailey to make decisions, and not be afraid of making mistakes. Mr. Bailey is supported by a good team of Department Heads, and has the full support of the Board. Mr. Bailey related the experience of this appointment to a Biblical passage, and said he will do the job as well as he possibly can. He said he is confident in the Board's support and the support of a competent staff which has only the welfare of Albemarle County on its mind. He con- sidered it a singular honor to have even been considered in the deliberations. At 5:30 P.M., meeting was adjourned. Chairman A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held at 9:00 A.M. in the Board Room of the Albemarle County Office Building on September 18, 1975. PRESENT: Messrs. Stuart F. Carwile, Gerald E. Fisher, William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. ABSENT: Mr. J. T. Henley, Jr. OFFICERS PRESENT: Messrs. J. H. Bailey, County Executive; Robert Sampson, Assistant to the County Executive; George St. John, County Attorney; Ray Jones, Director of Finance; John Humphrey, County Planner; and Ashley Williams, Assistant County Engineer. At 9:20 A.M., Mr. Thacker said the start of the meeting would have to be delayed due to lack of establishing a quorum. He said Mr. Henley would not be attending the meeting, and that Mr. Wheeler and Mr. Wood were expected at approximately 10:00 A.M. Mr. Wheeler arrived and called the meeting to order at 9:55 A.M. No. 3a. Greenbrier Drive Industrial Access Money. (Mr. Carwile abstained from discussion and vote 9n this item.) Mr. Jim Hill, representing Dr. Charles Hurt, said a bond in the amount of $23,600 has been posted for one year, covering Dr. Hurt's portion of industrial access money for Greenbrier Drive, Peyton Drive and Commonwealth Drive. He now understands that the Virginia Depart-.- ment of Highways and Transportation in Richmond had no intention of approving industrial access money for these roads. He therefore, requested return of the bond. Mr. Charles Perry of the Virginia Department of Highways and Transportation was present, and said he had received a letter from Mr. Brown and Mr. Dodd of the Governors Office stating they had reviewed the roads, and were against appropriating industrial access funds at this time. They were of the opinion that funds would no~ be made available until Commonwealth Drive is extended into Hydraulic Road, allowing access to and from Stromberg-Carlson. Mr. John Humphrey pointed out on the map roads in the Commonwealth Drive area that are and are not in the State Secondary System, indicating only three roads not in the State system; those being Commonwealth Drive, Peyton Drive and Greenbrier Drive. Mr. Thacker asked what work was necessary to get the portion of Greenbrier Drive from Whitewood Road to Peyton Drive into the Secondary System. Mr. Perry said two drainage structures and some minor repairs to the pavement. Mr. Thacker said he felt that with this delay, it was appropriate to offer a motion to adopt the following resolution: BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that resolution adopted on October 24, 1973 requesting the Virginia Department of Highways to allocate Industrial Access Funds for improvements on Greenbrier Drive, Peyton Drive, and Commonwealth Drive, be and is hereby rescinded, and that bond posted in May, 1969 by Charles W. Hurt in the amount of $23,600 be returned to Dr. Hurt. Mr. Fisher seconded the motion, then asked if the b~nd being held by the County was adequate to accomplish the necessary repairs. Mr. Humphrey said a bond in the amount of $23,000 was being held and felt this was more than adequate. There was no further discussion, role was called, and re- solution was adopted by the following recorded vote: AYES: Messrs.Fisher, Thacker and Wheeler. NAYS: None. ABSENT: Messrs. Henley and Wood. ABSTAIN: Mr. Carwile. - _N o. 3b.~ Woodbrook Subdivision Roads. Mr. Humphrey said Mr. C. Timothy Lindstrom was present to discuss the bankrupt condition of Woodbroo~ Subdivision with regard to roads. Mr. Humphrey added that the roads in Sections 9 and 10 are not in the State Secondary System. He said the roads have 318 9-18-75 (Day) Mr. Lindstrom said that as trustee, he does not have any jurisdiction ultimately over property that will realize equity for the general creditor. There was a substantial amount of secured debt, especially on the subdivision. Securities in excess of the appraised value of the property, must be abandoned, which puts the property back in the hands of the secured creditors, namely the Equitable Life Assurance Society. Mr. Lindstrom added that Equitable Life would be presenting a petition to the Bankruptcy Court to have Subdivision Section 10 abandoned to it, and would then be allowed to complete any road problems or construction necessary. He understands that the bond is sufficient to accomplish this work. Regarding Section 9, there is no secured indebtedness, and all but two homes have been sold. He was not sure who would take over the responsibility, the Woodbrook Association, the lot owners share proportionately, the bankruptcy estate, or the bond posted with the county. Mr. Charles Perry said that Section 9 requires minimal work to complete, and that Section i0 needs considerable work and estimated at least $5,000 would be needed to bring the road to State Standards. Mr. Carwile offered motion to place a building permit moratorium on Sections 9 and 10 so that Equitable would be forced to dispose of the lots, and get the road into the system. Mr. Thacker seconded the motion, and said it was his intent that the moratorium apply only to lots not held by individuals. Role was called and motion carried by .the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker and Wheeler. None. Messrs. Henley and Wood. Mr. Wheeler instructed Mr. Lindstrom to notify Equitable Life Assurance Society of the mora- torium placed on Sections 9 and 10 by the Board'. Mr. Carwile then asked who held the financing on the uncompleted houses. Mr. Lindstrom said Equitable also held these. Mr. Carwile then offered motion that the County staff be instructed not to issue occupancy permits on homes which have been started but not yet completed, which are owned by the bankrupt estate, until the roads are completed to State Standards or adequate bond is posted with the County. Motion was seconded by Mr. Thacker, and carried by the folIowing recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker and Wheele~. None. Messrs. Henley and Wood. No. 3c. Vacation of part of Hessian Hills plat, Section Six. Mr. Humphrey said it was his understanding that the Highway Department would like to make the temporary turn-around on Sturbridge Road permanent. As the plat is recorded, there is a 50 foot right-of-way, undeveloped, which ex- tends to the property line, which needs to be vacated by the Board. Mr. Humphrey added this can be handled either by a public hearing, or by a petition from the property owners. Mr. Carwile stated it was being requested by the adjoining property owners and the developer, and that it is required by the Virginia Department of Highways and Transportation in order to get Sturbridge Road into the system. Mr. William Roudabush said that Sturbridge Road originally projected to the outer boundary of Hessian Hills property. A temporary turn-around was constructed at the end of Sturbridge Road until it' could be-completed through to Old Forge Road. He added the Highway Department reviewed the roads, and recommended the temporary turn-around be made permanent and appropriate drainage fac- ilities be placed there. He said curb and gutters have already been placed, and in negotiating with owners of l'ots #9 and #10, the owners were told the land in that street going to the boundary would be vacated and would revert to them. Mr. Wheeler said he was willing to let this go to public hearing, but believed the vacating of this portion of the plat would landlock property owners on Old Forge Road. Mr. Carwile offered motion to advertise this request for a public hearing for October 16, 1975 at 9:30 A.M., and that the adjoining property owners be notified. Motion was seconded by Mr. Fisher, and carried by the following recorded vote: (Mr. Wood arrives, and participates in vote on this matter, 10:30 A.M.) AYES: NAYS: ABSENT: Messrs. Carwi!e, Fisher, Thacker, Wheeler and Wood. None. Mr. Henley. No. 3d. Route 637, review of plans for improvements. Mr. Ashley Williams presented two cost estimates to the Board made by the Virginia Department of Highways and Transportation, one had just been completed and the other was dated February, 1975. Mr. Charles Perry said the latest estimates reflect increases basically in three areas. First, earth work, where the estimate went from $60,000 to $261,000. The reason this estimate increased was due to the location of rock. The second area of increase was drainage, which was up by about $20,000 to include additional pipes. Third, was road base and shoulder design, which was increased by about $200,000. The first estimate included a prime and double seal surface treatment, the re-evaluation includes "plant-mix" (asphalt). Mr. Wheeler recommended that Mr. Fisher set up a meeting date with property owners, and that he and Mr. Bailey meet with the City of Charlottesville, and bring their findings back to the Board on October 16, 1975. Mr. J. Harvey Bailey presented a petition from Mr. John H. Bailey for Road Viewers to visit road beginning at Route 758, ending .4 miles west at Afton. The petition was signed by two of the four property owners on this road. Mr. Charles Perry said there was still money in the Road Viewers Fund, but he would be glad to review the condition of the road before recommissioning the Road Viewers to do the job. No future date was set for viewing or discussion by the Board. Mr. Bailey presented the following letter taking roads into the State Secondary System: "August 25, 1975 Board of Supervisors of Albemarle County Charlottesville, Virginia 22901 9-18-75 (Day) 319 ADDITION ORCHARD ACRES SUBDIVISION Cling Stone Lane: From Peach Tree Drive to Orchard Drive. Peach Tree Drive: From 0.10 Mi. N.W. of Route 1219 to the intersection with Cling Stone Lane. Orchard Drive: From 0.08 Mi. N.W. of Route 1219 to the intersection with Route 684. Sincerely, (signed.) J.E. Harwood, Deputy Commissioner & Chief Engineer" LENGTH 0.10 Mi. O.O5 Mi. 0.22 Mi. Mr. Bailey presented a letter from Mr. C. B. Perry of the Virginia Department of Highways and Transportation dated August 22, 1975 as follows: "In reference to the Resolution passed on March 20, 1975, this is to advise that a thorough study of the traffic condition on Route 29 in the vicinity of the Charlottesville Shoppers World and Berkeley Subdivision entrances has been made. The first item that was studied was the speed at which the traffic was traveling on Route 29 in the north and south bound lanes. During the morning peak hour and the afternoon peak hour the sheer volume of traffic tended to keep the motorist traveling at a relatively safe and consistent speed. During the off peak hours when the volume of traffic was down, the speed at which they were traveling increased. Our traffic survey indicated that the 85 percentile speed in the north-bound lane was 50 mph, and 49 mph in the southbound lane. Considering the speed limit is 45 mph, our study shows that 35 percent of the motorist exceeded the posted speed limit in the northbound land and 28 percent of the motorist exceeded the speed limit in the southbound lane. Based on these results our Traffic and Safety Offices in Richmond and Culpeper did not feel that a reduction in speed was warranted. The second part of the study consisted of a traffic signal evaluation at the intersection of Route 29 and Route 851. This study lasted for 12 hours. The results indicated that Route 851 failed to meet the minimum warrants for signalization. In order to take in the total picture, we reviewed the accidents which took place in this area from January 1, 1972 through September 30, 1974. This was approximately 33 months. During this time there were four reported accidents with no injuries; and property damage only amounting to $600.00. In realizing that the development of the Charlottesville Shoppers World is generating more traffic, additional observavion is certainly in order. Our Traffic and Safety office in Cul- peper will continue to review this location for any changes that might take place. Even though there are slight delays experienced by the motorist while entering and leaving the Shopping Center it is felt that no changes are required. In summation, the Traffic and Safety Offices both in Richmond and Culpeper are recommending that the speed limit not be reduced on Route 29 since the traffic volumes at this particular location have a better than usual accident picture, and as soon as the Charlottesville Shoppers World has been in existence for another few months a more realistic accident picture can be obtained and will be reviewed. Very truly yours, (s±gned) C.B. Perry, Asst. Resident Engineer" Mr. Perry said "Vehicle Turning" signs have been placed in the vicinity of Shoppers World, at the request of the Planning Commission, to alert motorists on Route 29. Mr. Perry presented the Board copies of the approved 1976 Secondary Budget for Albemarle County, and the revised Federal System Alignment and maps. He added they are under a tight time schedule, and would appreciate the Board reviewing this and hopefully approving before November 10, 1975. Mr. Thacker made motion to conduct a work session to review the budget and maps to be held at 4:00 P.M. on October 8th, and that final action be taken by the Board at the regular meeting of October 16th. Motion was seconded by Mr. Fisher, and carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. None. Mr. Henley. AYES: NAYS: Mr. Fisher requested the Highway Department to contact C & 0 Railroad about the condition of a bridge on State Route 677. Mr. Perry said the C & 0 Railroad had been contacted twice, and no action had been taken. He then suggested a resolution by the Board to help facilitate matters. Motion was offered by Mr. Fisher, seconded by Mr. Thacker to adopt the fOllowing resolution: WHEREAS, Railroad Bridge #6066 on State Route #677 in Albemarle County, Virginia, is deemed to be in dire need of repair to bring this bridge up to minimum safety standards; and WHEREAS, the Board of Supervisors of Albemarle County, Virginia, have on many occasions requested the Virginia Department of Highways and Transportation to intercede and help facil- itate repairs to this bridge, and received no positive results; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that they do hereby request the C & 0 Railroad Company to make the following repairs to the above cited bridge at the soonest possible date: 1) Surface paving on bridge is in highly deteriorated condition. Role was called, and motion carried by the following recorded vote: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. None. 32O 9-18~Z5 (Day) Mr. Thacker requested a stop or yield sign be placed at the intersection of Route 627 and 727 to control the traffic problem. Mr. Wood offered motion requesting the following resolution be sent to the Southern Railroad Company regarding the Railroad bridge on State Route 651, as all previous requests by the Virginia Department of Highways have not accomplished anything. Motion was seconded by Mr. Carwile. WHEREAS, Railroad Bridge #6124 on State Route 651 in Albemarle County, Virginia, is deemed to be in dire need of repair to bring this bridge up to a minimum safety standard; and WHEREAS, the Board of Supervisors of Albemarle County, Virginia, have on many occasions requested the Virginia Department. of Highways and Transportation to intercede and help facili- tate repairs to this bridge, and received no positive results; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that they do hereby request the Southern Railroad Company to make the following repairs to the above cited bridge at the soonest possible date: l) 2) 3) The existing wood floor should be replaced due to excessive wear. The area around the footings of the east abutment and several piers need backfilling. Replace missing and deteriorated railing. Replace deteriorated timber members of piers. Role was called, and motion carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. None. Mr. Henley. Mr. Wood and Mr. Wheeler requested the Virginia Department of Highways to make much needed repairs to the road surface of Route 649. Mr. Wheeler said a request for road and easement repairs was received from Mr. Dan Barney of Earlysvitle Heights. Mr. Perry said he had already spo.ken to Mr. Barney, who claims there is a cul- de-sac which is not properly placed compared to where it was platted, and ditches not placed within drainage easements. Mr. John Humphrey said the area being discussed was in the old section of Earlysville Heights, and that only reduced bonds were still being held. Mr. Wheeler suggested Mr. A. P. Williams, developer of Earlysville Heights, oome before the Board on October 16th at 9:30 A.M. to discuss this situation with the Board. Mr. Carwile reported on a meeting held in Culpeper with the Virginia Department of Highways and Transportation District Office, regarding the new subdivision road standards, which were adopted by the Board on August 15, 1975. He stated that certain changes were suggested by the Highway Depart- ment officials, and that a final policy should be ready for Board adoption sometime in the near future. No. 5. Jefferson Area Board for Aging: Miss Diane Ansley, Executive Director, was present. She referred to the Joint Exercise of Powers Agreement (unanimously adopted on January 22, 1975, Minute Book 12, pg. 473-477), and stated she was before the Board to come into compliance with the Federal Government's change in fiscal year, which is October 1st through September 30th. Miss Ansley stated the program has been slightly modified to handle funds for nutritional programs, and transportation of senior citizens. She added that all she was requesting from the Board at this time was the endorsement of the "Annual Plan for Aging Services, Jefferson Area Board for Aging-- Planning District Ten" dated October 1, 1975 through September 30, 1976, and change the fiscal year from March, 1975 through June 30, 1975 (as noted in minutes of December 19, 1974, Book 12, pages 414-415) to October 1st through September 30th. After some brief discussion as to programs undertaken by this agency, Mr. Thacker offered motion to endorse the Annual Plan for Aging Services October 1, 1975 through September 30, 1976 and extend the fiscal year to September 30, 1976. Motion was seconded by Mr. Fisher, and carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. None. Mr. Henley. No. 8. Student Drug Survey Report. Mr. Charles Woodbury, Planner with the Thomas Jefferson Planning District Commission Drug Abuse Council, was present, and described the results of the report in brief. He said 27% of the students surveyed reported using drugs, and two-thirds reported using alcohol. Mr. Woodbury said the survey was conducted in 14 of the 19 schools in Planning District 10, using grades 7 through 12, in both public and private schools. He then requested the appointment of 12 to 15 county citizens to an Ad Hoc Committee for the remainder of the fiscal year, to take the findings of the survey, and construct a program to aid students and teachers in educa- tion of drug abuse and counseling. Mr. Woodbury reco.mmended several people who expressed interest in such a committee. Mr. Wheeler requested Mr. Fisher and Mr. Thacker to coordinate a list of names for appointment to this Ad-Hoc Committee, and to present the list at the October 1, 1975 meeting. Mr. Fisher requested Mr. Woodbury to submit his list of names in writing to the Board as soon as possible. No. 12. Refund, personal property tax: Fisher to adopt the following resolution: Motion was made by Mr. Carwile, seconded by Mr. WHEREAS, the Director of Finance of Albemarle County, Virginia, has appeared before this Board and certified that Roper Enterprises, Ltd. was erroneously assessed on a 1969 International Truck which was also assessed on a return under Tom Thumb Enterprise Ltd., personal property tax Ticket No. 110318; and WHEREAS, the County Attorney has examined supporting evidence and consents that suoh 9-18-75 (Day) 321 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 Roper Enterprises, Ltd. FURTHER, all supporting papers verifying this request are to be filed in the per- manent records of the Board of Supervisors. Motion was carried by the following recorded vote' AYES' NAYS: ABSENT: Messrs. Carwile, Fisher, Wheeler and Wood. None. Messrs. Henley and Thacker. No. 13. Sale of County Property: Mr. Ray Jones said the Board requested he investigate ownership of a 2 acre parcel of land (Tax' Map 93, Parcel 3), acquired by the County for taxes in September, 1947. Mr. Jones noted the land was adjacent to Mr. Garrett Kirksey's property at Milton Road. Mr. Robert Sampson, Parks Director, said Mr. Kirksey was contacted, but refused to trade this parcel for a parcel of equal size nearer the proposed Milton Road boat launch site. Mr. Wheeler asked Mr. St. John what the County had to do to sell this property. Mr. St. John said the court's approval was required. The land by either first having the property appraised and sell to an adjoining land owner, or conduct an advertised public auction. Mr. Jones said the parcel would be land-locked if sold to other than an adjacent landowner. Motion was then offered by Mr. Thacker, seconded by Mr. Carwile to adopt the following resolution: BE IT RESOLVED, by the Board of Supervisors of Albemarle County, Virginia, that the Director of Finance is hereby authorized to have Tax Map Section 93, Parcel 3 appraised and solicit offers for sale of said parcel. Mr. Jones said he would try and report some results at the October 16, 1975 meeting. then called, and resolution was adopted by the following recorded vote: Role was AYES: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. NAYS: None. ABSENT: Mr. Henley. No. 16b) Appropriation--Maintenance Shed at Ivy Landfill: Mr. Jones reported that the Engin- eering Department received four bids. The low bid was received from the Ivy Construction Company in the amount of $52,797. He noted that the project will be shared jointly~with the City of Char- lottesville, and that they have approved this amount and appropriated funds. Mr. Jones then re- quested an appropriation by the County for $27,500, stating the added cost covers well and septic system. Mr. Bailey, said the estimated cost for this shed a year ago was $40,000, but the low bid received was still within the budget. Mr. Thacker asked for a description of the structure proposed. Mr. Bailey said it would be cinder block measuring approximately 50' by 50' with heated office area, and toilet facilities. Mr. Thacker felt the bid figure was high, stating $20 per square foot was double an estimated figure his firm had just prepared on a similar structure. Mr. Wheeler then suggested this item be deferred until the meeting of September 24, 1975, and requested Mr. Thacker to check out the building plans compared to bids received, and report back to the Board. No. 14. Report on Summer Operation of Parks. Mr. Roberv Sampson, Parks Director, presented the 1975 report to the Board on Chris Greene Lake and Mint Springs Lake Parks. He summarized statisti( saying they were open 85 days, With attendance at Chris Greene reaching 41,000 and Mint Springs 15,000. Income derived during this period was $35,000 from Chris Greene and $11,900 from Mint Springs, not calculating revenues from concessions. Sale of season passes showed an increase from $4,300 in 1974 to $7,900 in 1975 at Chris Greene and from $1,865 in 1974 to $4,000 in 1975 at Mint Springs. Costs attributable to runn-ing the parks are $14,000 in payroll at Chris Greene and $8,700 in payroll at Mint Springs. Maintenance costs are approximately $5,000 per lake. Total operational costs for both facilities are, therefore, $27,700 as compared to gross receipts of $46,900+ for a net income in excess of $19,200. Estimated revenue for the Fiscal 1976 budget was $35,000. Mr. Wheeler and Mr. Thacker agreed that with this increased public interest, the Parks Committee should look into possibly expanding Chris Greene Lake or searching the County for possible future locations for additional park facilities. Mr. Fisher asked about the comfort station at Beaver Creek, questioning the lack of water. Sampson said they werehaving difficulty with the contractor of the water system, but that he has been making repairs, and the system is now functioning. ? No. 16c) Appropriation--Totier Creek Park Development. Mr. Sampson presented plans drawn by Mr. Tom Wyant, architect. He said four bids were received on the comfort station, low bid of $17,900 received from Gelletly Company, Inc. The remainder of the facility, inciudin.g grading of ball field, turn-around area, boat ramp, boat dock, and parking faCilities was bid at $24,382 50 by Deerfield Enterprises. The Parks Department estimates $3,278 for istallation of well and septic system. The total estimate comes to $48,460.50. He added that $50,000 was ear-marked a high pri- ority item for Revenue Sharing funds of which $1,050 has already been appropriated for planning purposes. A final bill from the architect has not yet been received, so he asked for an appro- priation in the amount of $52,000; minus the figure already appropriated of $1,050, leaving a requeste( appropriation amount of $51,950. Mr. Thacker asked if the proposed bids include performance bonds. Mr. SampsoTM said it is required by State Code to include Such bond. Mr. Thacker thenoffered motion to approve the bids received and to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle' County, Virginia, that $51,950 be and the same hereby is appropriated from the General Fund and transferred to the General Oper- ating Capital Outlay code 19.10L.1, for use ~0nS~r.~ctI'ng-~TQt~er~ Creek Park, such funds to be transferred from Revenue Sharing Funds at the time of actual expenditure. Motion was seconded by Mr. Carwile, and carried by the following recorded vote: AYES: MesSrs. Carwile, Fisher, Thacker, Wheeler and Wood. NAYS: None. 32 ~ 9-18-75 No. 24. Report on Inspection of Beaver Creek and request for appropriation. Mr. Wheeler suggested this item be deferred until October 16, 1975, as the park is located in Mr. Henley's district, and he is not present. No. 17. An Evaluation and Plan of Improvement for the Albemarle County, Virginia Sheriff's Department: Sheriff George Bailey was present, and presented a report submitted by Mr. Ferris E. Lucas, Executive Director of the National Sheriffs' Association, dated August 28, 1975. He said the study took three months to conduct, and he agreed with the recommendations made on how to improve the department. He added the report was most critical of deputy training programs and the problem of space. Mr. Wheeler said he read through the report, and felt the recommendations relating to per- sonnel, training and management of pers~nne! was the Sheriff's responsibility and that any requests he felt were necessary should be brought to the Board's attention. Mr. Wheeler added the Board recognizes his space needs, and hopefully will be able to take care of that problem in the near future. Mr. Thacker said the report recommended approximately 3,000 square feet of space in a separate facility, near but not connected to the Courthouse. Mr. Th~acker asked if the Sheriff felt it nec- essary to be located in the Courthouse for protection of the Judge and jurors. Mr. Bailey answered the Judges seem satisfied with the present system of one officer in the courtroom, and a buzzer system into the Sheriff's office as an emergency alarm. Mr. Thacker said the Court would have to be contacted as to their space needs, so as to better deal with the problem of space in the Sheriff's Office. Mr. Wheeler said the Board recognized the short comings regarding space, and that the Board was willing to work with him to carryout the recommendations of the report. Not Docketed: Mr. Wheeler said that due to the joining of Louisa County with the Region Ten Planning District Commission, it was necessary for Albemarle County to appoint an additional rep- resentative. Mr. Wheeler then recommended Mr. William Thacker for that appointment. Motion was offered by Mr. Wood, seconded by Mr. Fisher, and carried by the following recorded vote: AYES: NAYS: ABSENT: Me~ssrs. Carwile, Fisher, Thacker, Wheeler and Wood. None. Mr. Henley Mr. Wheeler requested that from 12:30 P.M. until 2:00 P.M., the Board go into executive session to discuss legal, personnel and purchase of property matters. Mr. Wheeler also requested the pre- sence of Mr. Thomas Wyant during this session. Motion to this effect was offered by Mr. Thacker, seconded by Mr. Wood, and carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. None. Mr. Henley. At 2:25 P.M., the Board reconvened. feeling well. Mr. Thacker assumed the Chair, stating Mr. Wheeler was not No. 6. Emergency Services Organization: Mr. George St. John reported reviewing a proposed "Ordinance To Provide For An Emergency Services Organization, Designation Of A Director Of Emergency Services And His Responsibilities, Provision FOr Emergency Plans, Provision For Declaring A Local Emergency During A Disaster Or Emergency Or An Impending Disaster ©r Emergency, And Provision For A Coordination Of Emergency Services, Pursuant To The Authority Of The Commonwealth Of Virginia Emer- gency Services And Disaster Law Of 1973." as submitted to his office by staff member, and stated it complied with the State Statute (Section 44-146.16(6)) but that the Board would have to establish a line of duccession by resolution. He added the plan has been made manditory by the State Code. Mr. Fisher said he was confused, as the County has already established an office of emergency services, which is operated jointly with the City. Mr. Robert Sampson added this document puts in writing the agreement established verbally with the C~ty. Mr. J.H. Bailey then said that the Dir- ector of this emergency services office, Mr. Ron Dower, resigned as of September 17, 1975. Mr. Fisher asked if anyone on the County staff reviewed the document other than Mr. St. John. Mr. Sampson said in his conversations with Mr. Dower, this document is just a formalization of the proceedings of the last year. Mr. Thacker suggested the staff review the ordinance, and bring their findings back to the Board on October 16, 1975. No. 7. Emergency Medical Services Contract: Mr. Fisher reported that this was a part of the joint emergency medical services system being formed under the Planning District Commission with funds from the Robert Wood Johnson Foundation. This would provide radio communication between ten rescue squads to the emergency room of hospitals and provide means for rescue squads of different localities to communicate with each other and with Sheriff's departments for approximately two years. He added that there were no costs anticipated to Albemarle County prior to January, 1977, monies up to that time being provided by the R.W. Johnson Foundation. The total amount of the contract for the six jurisdictions is $876 per year or $146 for Albemarle County. Mr. St. John said he reviewed the contract, and although he did not agree with the wording, he felt this was a minor problem and recommended it be signed since it was already approved by four other counties. Motion was then offered by Mr. Wood, seconded by Mr. Carwile, authorizing the Chairman to sign the following contract: AGREEMENT FOR DELEGATION OF ACTIVITIES IN SUPPORT OF MANAGEMENT AND OPERATION OF THE CENTRAL CONTROL STATION FOR THE EMERGENCY MEDICAL SERVICES COMMUNICATIONS SYSTEMS, DISTRICT #10 THIS AGREEMENT, dated September 1, 1975, by and between the County of Fluvanna, here~- inafter referred to as "Delegate", and the undersigned local participating government agencies, hereinafter referred to as "Grantees", shall govern the activities related to Federal Commun- ication Commission licensing, equipment accountab±lity, operation and maintenance support of Central Control Station, for the District Communications System sponsored by the Robert Wood Johnson Foundation. The Control Station, which is an essential element of the system design, 9-18-75 (Day) 323 The Delegate and the Grantees agree as follows: 1. WORK TO BE PERFORMED. The Delegate shall perform all activities related to Federal Communication Commission licensing under the Federal Communication Commission Rules and Regulations including specifically: a. Apply for processing and management of the Federal Communication Commission License for the Central Control Station and manage said license after issuance; b. Account for and maintain appropr±ate records for equipment; and act as ,liaison between WCCV and the Grantees in connection with the site rental contract and ren- egotiate annually such contract with WCCV. c. The Delegate shall be responsible for the operation and maintenance of the Central Control Station. 2. RESPONSIBILITY FOR EXPENSES. Ail costs and liabilities for the Central Control Station shall be borne equally by the Grantees. Delegate shall be paid by Grantees in advance on an annual basis at least 30 days prior to the renewal of the site rental and maintenance contract. 3. TERMINATION. The Delegate or any Grantee may terminate this agreement by giving written notice to the other ~parties one year prior to the execution date of the lease and maintenance contract and specifying the effective date of termination. In the event that the Delegate is the terminating party, all the remaining Grantees shall insure that ad- equate arrangements have been made for the transfer of the Delegate's duties and respon- sibilities to another Delegate. In the event of any Termination, all property and fin- ished or unfinished documents, data, studies, funds, and reports purchased or prepared by the Delegate under this agreement shall be the property of the Grantees. IN WITNESS THEREOF, the Grantee and the Delegate have executed agreement~as of the date first above written. Role was called and motion was carried by the following recorded vote' AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker and Wood. None. Messrs. Henley and Wheeler. No. 10. Equalization of Pay Ordinance: Mr. Wood offered motion to advertise for a public hearing on Thursday, October 16, 1975 at 10:30 A.M., to amend the Equalization of Pay Ordinance Section 2-53 of the Albemarle County Code, to delete the Joint Jail Board. Mr. Ray Jones requested the Land Use Appeals Board be added to this ordinance at the same public hearing. MX. Wood thereby amended his motion to include the addition of the Land Use Appeals Board into the Equalization of Pay Ordinance. Motion was seconded by Mr. Carwile, and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Thacker and Wood. NAYS: None. ABSENT: Messrs. Henley and Wheeler. No. 9. Soil Erosion Report: Mr. Hartwell Clark, Zoning Administrator presented a report on erosion enforcement. Mr. Clarke said regulations resulting from the fourteen day Reservoir Com- mittee, and statements by various members of the Board for stricter enforcement indicate a need to re-evaluate the inspection program. Mr. Clarke stated that only one excavating company in the area uses good erosion control measures presently, and that for each violation, the inspector and admin- istrator have to be in court (average time two hours). Mr. Clarke concluded by saying the new ordinance requires a preliminary check of all data and plans submitted for consideration by the Soil Erosion Advisory Committee, and that if the Board would accept a training period for inspectors and developer/contractors, he recommended the addition of one erosion inspector to the staff at a cost of $18,000 per year. Mr. Clarke presented a budget breaking down this $18,000 per year cost. Mr. Wood said the $18,000 cost for the inspector was still a savings to the County in comparison to costs to reclaim land destroyed by erosion. Mr. Wood then offered motion to authorize the hiring of one erosion inspector, and to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County Virginia, that $18,000 be and the same hereby is appropriated from the General Fund and transferred to the General Operating Fund for salary and expenses of one additional soil erosion inspector, said costs for remainder of the 1975-76 fiscal year to be coded to 10E.! Motion was seconded by Mr. Carwile, and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Thacker and Wood. NAYS: None. ABSENT- Messrs. Henley and Wheeler. No. 11. Revise Board's Rules of Procedure: Mr. Bailey reported that when the Board took action eliminating the position of tie breaker, they neglected to change the Rules of Procedure for the Albemarle County Board of Supervisors to reflect this change. He proposed the rules be changed in Section B.l.(e) to read: Tie Vote: Any tie vote shall defeat the motion, resolution, or issue voted upon. (Virginia Code Section 15.1-540). Motion to adopt the change in the Rules of Procedure was offered by Mr. Fisher, seconded by Mr. Wood, and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Thacker and Wood. NAYS: None. ABSENT: Messrs. Henley and Wheeler. No. 15: deferral. Space Needs Committee: Mr. Thacker stated the report was not ready, and suggested No. 16a. McIntire Site Plan: Mr. Robert Sampson said at the present time no appropriation was needed, and suggested deferral to an indefinite future date. No. 18. Reportof the Department of Social Services for the month of July 1975 was received in accordance with Virginia Code Section 63.1-52. ' '~ No. 19. information. Reports of the County Executive for the months July and August, 1975, were received as No. 20. Statement of Expenses of the Director of Finance, the Office of the Commonwealth's Attorney and the Sheriff's Office for the month of August.., 1975, were received. On motion by Mr. Wood, seconded by Mr. Carwile, these statements were approved as presented. The motion carried by the following recorded vote: AYES: . Messrs. Carwile, Fisher, Thacker and Wood. NAYS: None. ABSENT: Messrs. Henley and Wheeler. No. 21. Statement of Expenses of the.Joint Security Complex for the month of August, 1975, was presented. On motion by Mr. Wood, seconded by Mr. Carwile, this statement was approved as read. Motion carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker and Wood. None. Messrs. Henley and Wheeler. No. 22. Statements of expenses incurred in the maintenance and operation of the Joint Security Complex, along with statement of prisoner days, statement of Jail Physician_and statement of par- amedic salaries, for the month of August, 1975, were presented. On motion by Mr. Wood, seconded by Mr. Fisher, these statements were approved as presented. The motion passed by the vote which fol- lows: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker and Wood. None. Messrs. Henley and Wheeler. No. 23. Audit Flood Damages: Audit relating to damages resulting from the Flood of October 5- 10, 1972, Project Application OEP-359-DR-1, for the period October 9, 1972 through August 24, 1973, as prepared by the Auditor of Public Accounts, Richmond, Virginia, was received for the record. No. 25. Appointments: Library Board: Mr. Thacker requested this appointment be deferred. Advisory Council on Aging: Mr. Carwile offered the name of Miss Christine Rhodes, who, although living in the City of Charlottesville, is employed by the County Social Services Department. ~Mr. Fisher said he had no objection, and seconded the nomination. Role was called, and Miss Rhodes was appointed to a two year term on the Thomas Jefferson Advisory Council on Aging by the following recorded vote: AYES: Messrs. Carwile, Fisher, Thacker and Wood. NAYS: None. ABSENT: Messrs. Henley and Wheeler. c) B.O.C.A. Board of Appeals: Mr. Bailey said Mr. Bland M. Wade was appointed on August 21, 1975, but did not meet the qualifications required to sit on this Board. Mr. Thacker recommended the appointment of Mr. Henry J. Browne in his place. Motion was offered by Mr. Carwile, seconded by Mr. Wood, and carried by the ~ol!owing recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker and Wood. None. Messrs. Henley and Wheeler. from Mr. Daley Cra±g, submitting his resignation from the Bicentennial Commission. motion accepting Mr. Craig's resignation, and authorizing a letter of appreciation. seconded by Mr. Fisher, and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Thacker and Wood. NAYS: None. ABSENT: Messrs. Henley and Wheeler. Acting County Engineer: Mr. Bailey offered the name of Mr. John Ashley Williams for the post of Acting County Engineer, stating he is licensed as a professional engineer, and has been with the department for over three years. Motion was offered by Mr. Carwile, seconded by Mr. Wood, and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Thacker and Wood. NAYS: None. ABSENT: Messrs. Henley and Wheeler. Not Docketed. Mr. Thacker presented a letter dated September 9, 1975~, addressed to Mr. Wheeler, Mr. Wood offered Motion was Not Docketed. Mr. Thacker read a letter to the Board, giving nmtice of a public meeting to promote better understanding of the methods and techni, ques used to arrive at ranges of value for agricultural, horticultural, forest, and open space land. The meeting being conducted by the State Land Evaluation Advisory Committee will be held on October 14, 1975 at 10:00 A.M. in House Room 2 of the Capitol in Richmond. Mr. Thacker suggested this notice be passed on to Mr. Ray Jones, so a member of the County Land Use staff could attend. At 3:50 P.M., Mr. Thacker called the meeting adjo.~rned.