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1975-12-10A(11'20-75 Day) (11-26-75 Cancelled) (12-10-75 Afternoon) Not Docketed. Claims against the County were presented, examined, allowed and certified to the Director of Finance and charged to the following funds: General Fund General Operating Fund School Operating Fund General Operating Capital Outlay Fund School Construction Capital Outlay Fund Cafeteria Fund Textbook Fund Joint Security Complex Fund Commonwealth of Virginia--Current Credit Account Town of Scottsville--l% Local Sales Tax $ 484.27 409,262.42 1,046,060.73 44,367.91 330,605.29 35,102.30 2,069.99 42,!28.73 198.95 84.80 $1,910,365.39 Not Docketed. At 2:15 P.M. Mr. Carwile offered motion to adjourn to 4:00 P.M., December 10, 1975, in the Board Room to discuss the County's Pay and Classification Plan. Motion was seconded by Mr. Wood, and carried by the following recorded vo~e: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. None. Mr. Henley. 11-26~75 The regular meeting of the Board of Supervisors scheduled for 7:30 P.M. on November 26, 1975, was cancelled by the Board on October 1, 1975, due to the Thanksgiving Holiday. This meeting was rescheduled for November 19, 1975 at 7:30 P.M. in the Albemarle County Courthouse. 12-10-75 (afternoon) An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on December 10, 1975, at 4:00 P.M. in the Board Room of the County Office Building, Charlottesville, Virginia. This meeting was adjourned from November 20, 1975. PRESENT: Messrs. Stuart F. Carwile, Gerald E. Fisher, J.T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. OFFICERS PRESENT: Messrs. J.H. Bailey, County Executive; Ray B. Jones, Director of Finance; Robert Sampson, Assistant to the County Executive; James Bowling, Deputy County Attorney; and Michael Carroll, Personnel Department. Meeting was called to order at 4:00 P.M. by Chairman Gordon L. Wheeler. No. 1. Economic Development Commission. Mr. Louie L. Scribner, Chairman of the Charlottesville- Albemarle Economic Development Commission, read a prepared statement endorsing the concept of an Industrial Development Revenue Bond Authority for Albemarle County and the City of Charlottesville. He then presented to the Board a list of 116 localities in Virginia who presently have such an authority, and a sample ordinance from the Governor's office, to create an authority under Chapter 33 Title 15.1 of the Code of Virginia. Mr. Wheeler said he has had informal meetings with members of City Council, and is under the impression that the City seems to be favoring separate, rather than a joint authority. He reiterated that their position was not official. Mr. Thacker, Board representative on the Economic Development Commission, said he felt strongly that it was something that the entire community needed. Mr. Thacker then offered motion that the Chairman appoint a committee to meet either separately or jointly with the City, to prepare an ordinance in cooperation with the County Attorney's office, and to report back to the Board at the earliest possible date. Mr. Wheeler said if it is the desire of the Board, the inter-governmental committeecomposed of the Board Chairman, County Executive, and County Attorney will meet with the Mayor, City Manager, and City Attorney. Mr. Wood said he would like to go ahead and set a public hearing date. Mr. Thacker said in order to advertise for a public hearing, a' two week advertising schedule would have to be set up, placing the date of the hearing beyond the end of the present Board's terms. Mr. Wood said he was aware of a request by a local industry for funds under such an authority, and hoped that the Board would call a public hearing on this subject before they left office on December 3tst. Mr. Fisher said he would like time to discuss the possibility of a joint authority with the City before holding public hearings, as he was concerned with the possibility of creating conflict between the two localities if only one has an authority. Mr. Carwile said he supported Mr. Wood's request to hold a public hearing as soon as possible. Mr. Wood then offered a substitute motion to advertise for a public hearing an Ordinance to establish an Industrial Revenue Bond Authority in Albemarle County, for December 30, 1975 at 7:30 P.M. in the County Courthouse. Motion was seconded by Mr. Carwile. Mr. James Bowling told the Board before an ordinance can be drafted by the County Attorney's office, the Board must decide what authority an Industrial Bond Authority is going to be allowed to have, as the enabling legislation is very broad. Mr. Fred Ferguson of the Chamber of Commerce, said the Authority would be a public entity, and act only at the request of the public. Mr. Bailey said the impact of this type of Authority must be discussed at the public hearing, and suggested the staff present information to the Board before the public hearing date. At this point roll was called and motion to hold a public -hearing was carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Thacker, Wheeler and Wood. Messrs. Fisher and Henley. (12-10-75 Afterno°n) No. 2. Resource Recovery Study Commission. Mr.. C. E. Anderson, read a letter dated November 26, 1975, from the University of Virginia, guaranteeing funds in the amount of $20,000 for a res- ource recovery feasibility study. He also presented a letter from Charlottesville City Council agreeing to appropriate $20,000 for the same feasibility.study. Mr. Bailey said he spoke with the University and the City, and is of the understanding that the study will be conducted in two phases; the $60,000 from the three entities will finance the feasibility study and the additional $60,000 from the grant will finance expenses right up to the actual implementation; and that no funds will be taken from the localities unless the E.P.A. grant is received. Mr. Anderson confirmed this statement. Mr. Thacker asked when the money would be needed. Mr. Anderson said after July 1, 1976. Mr. Carwile questioned if the Board had the power to obligate a new Board to funds from a new budget year. Mr. Wheeler suggested the appropriation be made now and it can be forwarded into the 1976-77 fiscal year. Motion was then offered by Mr. Wood, seconded by Mr. Fisher, appropriating $20,000 for a Resource Recovery Feasibility study. Mr. Anderson anticipated the feasibility study would take at least three to six months to complete. Roll was then called, and motion adopting the following resolution was approved by the following recorded vote: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $20,000 be, and-the same hereby is appropriated from the General Fund to the General Operating Fund, Code 18A.13 for use in conducting a feasibility study by the Resource Recovery Commission. AYES: NAYS: Messrs. Carwile, Fisher, Thacker, Wheeler and Wood. Mr. Henley. No. 3. Appropriation Request, Fire Department. Mr. Michael Carroll said funds were placed in the current budget for the addition of two new positions for firemen and the upgrading of one existing position to a Fire Lieutenant. He was therefore seeking the Boards authorization to proceed with the hiring required. Mr. Fisher said he was glad to cooperate with the City in the running of this fire company, and offered motion authorizing the hiring of two additional firemen, and upgrading of one to the posi- tion of Fire Lieutenant. Motion was seconded by Mr. Carwite, and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 4. Commonwealth's Attorney. Mr. Bailey said that since Mr. John Dezio took over as Com- monwealth's Attorney, there were a number of substitutions in staff which must be approved by the State Compensation Board; he then presented the following resolution: BE IT RESOLVED; the Albemarle County Board of Supervisors hereby concurs in the appoint- ment of John A. Dezio as Commonwealth's Attorney on December 1, 1975. The Board also concurs ~in. the appointment of the following persons on his staff, and their being placed on the payroll as of December 1, 1975. James E. Treakle, Jr., Assistant Commonwealth's Attorney R. Craig Nowak, Assistant Commonwealth's Attorney Leslie J. James, Secretary. z Motion was offered by Mr. Carwile, seconded by Mr. Fisher, to adopt the above resolution. Motion was approved by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 5. Student Drug Survey Ad-Hoc Committee. Deferred indefinitely. No. 6. Fire Prevention Code Board of Appeals. Mr. Bailey. said Mr. Kelly Reynolds, Fire Marshal, requested reconsideration of the appointment of Mr. Grover Mawbrey, Fire Chief of Scotts- ville, because the Town of Scottsville did not operate under the B.O.C.A. code as adopted by the County of Albemarle. The entire Board concurred in the opinion that Mr. Mawbry remain on the Fire Prevention Code Board of Appeals. No. 7. Appropriation, Consultant Fees. Mr. Bailey presented a bill from Betz Environmental Engineers, Inc. for services performed during the fourteen day reservoir committee discussions in August, and requested an appropriation in the amount of $3,000 to cover said bill. Motion was then offered by Mr. Carwile to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $3,000 be, and the same hereby is appropriated from the General Fund and transferred to the General Operating Fund, for payment of Consultant Fees during the Fourteen Day Reservoir Moratorium Committee discussions. Motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES- NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 8. Approval of minutes: Mr. Fisher offered motion to approve minutes of the Board of Supervisor meetings of August 20, August 21, August 27 (afternoon and night), and September 3, 1975, as he found no errors in same. Motion was seconded by Mr. Carwile, and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Not Docketed. Mr. Wheeler reported on the meeting that he and Mr. Henley had with members of the School Board to discuss the naming of the new Albemarle County High School. It was the decision of the Committee that the name remain the same as originally suggested, that being "Western Albemarle (12-10-75 Afternoon) (12-10-75 Night) Not Docketed.. Mr. Wheeler read a notice of public hearing from the State Corporation Com- mission for a certificate of public convenience and necessity as a common carrier of passengers by motor vehicle by Airport Taxi, Inc. Hearing is scheduled for 2:00 P.M., December 29, 1975, Blanton Building, Richmond, Virginia. Meeting was adjourned at 5:10 P.M. 12-10-75 Night A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on December 10, 1975 at 7:30 P.M. in the County Courthouse. PRESENT: Messrs. Stuart F. Carwile, Gerald E. Fisher, J.T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler, and Lloyd F. Wood, Jr. OFFICERS PRESENT: J.H. Bailey, County Executive; George R. St. John, County Attorney; and John Humphrey, County Planner. Meeting was called to order at 7:30 P.M. by Mr. Gordon L. Wheeler, Chairman. (NOTE: Discussion on the following special permit is verbatim, at the request of the County Attorney's office.) Mr. Wheeler: No. 1. SP-537, James N. Fleming. date on the action of the Planning Commission. We have a note here that, John, you bring us up to Mr. Humphrey: The Planning Commission has recommended, or it has deferred their action on this application, until February 2nd, this is based on the staff's evaluation of the time limit as to when action must take place, that is within 90 days of application. They did so for several reasons, there were ten items involved as justification. They desire a revised preliminary plan, they feel the one that was presented and on file is insufficient. Two, size and location of the commercial area should be shown, the size should be reduced, this being at the Planning Commission level. Three, further information regarding impact on schools should be determined. We met with the School 'Board on Monday night, regarding the possibility of the School Board requesting the dedication of some land .... they were not ready to make a decision on that at that time. They suggested January 15th before they could make that determination. Four, more information is needed regarding the common area, this involves the submittal of the Homeowners Agreement, to be reviewed by the County Attorney's office, and a report given to the Planning Commission. Five, more information regarding the siltation pond as shown on the plan; the dam, the capabilities and its safety. Six, more com- plete engineering plans for the project, again this is dealing with the general alignment of sewer lines, water, and drainage. Seven, rearrangement of lot layout so as not to encroach on slopes of more than 25%. This was brought about by a staff evaluation, based upon the site plan submitted. It was noted that some of the residential lots were to be shown on/within the 25% slopes. The staff review comments received by the Virginia Department of Highways and Transportation. Those comments have been received by the Highway Department, and the staff feels that we should follow their recom- mendations. Nine, complete review by the Albemarle County Engineering Department regarding storm water and utility plans. Ten, evidence that the applicant has considered the ordinance to protect the quality of the water in the South Rivanna River Reservoir, the interim ordinance. It was the Pl'anning Commission's feeling that sufficient detail had not been given of that ordinance, and applied to the site plan, and they want review by the applicant of this ordinance as it relates to development. Mr. Wheeler: May I ask you a question? If this information that was requested, was presented to the staff within the next few days, does the Planning Commission have any meetings within the next ten days so they could take this up? The Board has a meeting now scheduled for December 30th, Mr. Humphrey: There is one more scheduled for site plan and subdivision approvals, prior to that 30th date. There are some twelve items on that agenda. Mr. Wheeler: Okay Gentlemen, do you have questions of Mr. Humphrey before I recognize the petitioner? Mr. Carwile: What is the date of that meeting? Mr. Humphrey: It would be next Tuesday the 16th. Mr. Fisher: The agenda says that this should be deferred. It is our normal policy when action has not been taken by the Planning Commission, to defer action to a date certain. Mr. HumPhrey: Yes sir. The Commission did not establish a date, they were depending on the applicant to present the information they desire to the staff, and the staff following up and setting a date. That date as we have stated there, is the one that we selected as being the last possible date on which we could consider it before it went on to the Board of Supervisor. Mr. Fisher: There is nothing to say that it couldn't be acted on sooner if you had the information. Mr. Humphrey: No sir, absolutely not. Mr. Wheeler: Any other questions of Mr. Humphrey? Mr. Carwile: Could I see the list of the things that the Planning Commission has requested of the applicant, John? Mr. Humphrey: These were taken, and do not represent the approved minutes. I will note that the staff had recommendations regarding conditions, and at the Planning Commission meeting, as far as I can recall, the applicant agreed to all the following conditions; with some slight reservations ... Mr. Carwile: No, just a general concern to me that when you are talking about conceptual approval of a project like this, to put an applicant to the expense that he may be put to do some of these things. In particular light of this project, which has been to the Planning Commission and the Board one time before, it would seem to me that if it were sufficient to get to us at that stage before, the same type of information should not change to be sufficient to get it to us now.