Loading...
1976-01-15January 15, 1976 (Day Meeting) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on January 15, 1976, at 9:00 A.M., in the Board Room of the County Office Building, Charlottesville, Virginia. PRESENT: Mrs. Opal D. David, and Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher, J. T. Henley, Jr., F. Anthony Iachetta, and W. S. Roudabush. OFFICERS PRESENT: J.H. Bailey, County Executive; George R. St. John, County Attorney; John Humphrey, Director of Planning; Robert Tucker, Assistant Director of Planning; and J. Ashley Williams, County Engineer. Meeting was called to order at 9:00 A.M. by Gerald E. Fisher, C~airman. No. 2. Approval of Minutes: Minutes of October 1, October 8 and October 22, 1975 had not been read by any member of the Board. Mr. Fisher requested they be placed on the agenda for January 21, 1976. No. 3a) Four Seasons Road Bond: Mr. Roudabush stated he wished to abstain from discussion and vote on this matter because his firm has been involved in the preparation of drawings for this development Mr. Dorrier also wished to abstain from discussion and vote because his firm sents Mr. Daley Craig and Four Seasons Partnership. Mr. St. John reviewed for the new Board members, the road bond held by the County for roads in Four Seasons. (See report in minutes of June 11, 1975). Mr. Bailey presented a letter from Mr. Daley Craig requesting that roads in both Four Seasons and Hessian Hills developments be taken into the State Secondary Highway system. Motion was then offered by Dr. Iachetta 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 roads in Four Seasons Subdivision: ._SECTION STREET NAME DEED BOOK # PAGE # Townhouse Woodlake Drive 472 605 Patio Tennis Drive 485 121 Patio Lake View Drive 485 121 Patio Lake Forest Drive 485 123 Patio Monterey Drive 485 123 Patio Four Seasons Drive 485 121&123 ROAD LENGTH 2,469.99 Feet 415.25 Feet 529.39 Feet 2,166.71 Feet 1,147.71 Feet 3,559.88 Feet BE IT FURTHER RESOLVED that the Virginia Department of Highways be and is hereby guar- anteed a 50 foot unobstructed right-of-way and drainage easemenvs along these requested addi- tions as recorded by plats in the Office of the Clerk of the Circuit Court of Albemarle County in the above listed deed books. Motion was seconded by Mr Henley and carried by the following recorded vote: AYES: Mrs. David and Messrs. Fisher, Henley and Iachetta. NAYS: None. ABSTAIN: Messrs. Dorrier and Roudabush. Motion was. offered by Mrs. David 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 roads in Hessian Hills Subdivision: SECTION STREET NAME DEED BOOK # PAGE # Old Forge Road 404 Cannon Place 417 (revised plat) 583 Sturbridge Road 417 (revised plat) 583 Whetstone Place 417 (revised plat) 583 Five Six Six Six ROAD LENGTH 370 1,714;74' 159 317 431.00'+ 159 317 799.73'+ 159 317 325.00'+ BE IT FURTHER RESOLVED.that the Virginia Department of Highways be and is hereby guaranteed a 50 foot unobstructed right-of-way and drainage easements along these requested additions as recorded by plats in the Office of the Clerk of the Circuit Court of Albemarle County in the above listed deed books. - ~. Motion was seconded by Dr. Iachetta and carried by the following recorded vote: AYES: Mrs. ,~a~i-~ and Messrs. Fisher, Henley and Iach~tta. NAYS: None. ABSTAIN: Messrs. Dorrier and Roudabush. No. 3b) Mint Springs Road. Mr. John Humphrey presented an estimate of costs to the County to participate in the improvement of Mint Springs Road (Route 684). He estimated $10,295 for land acquisition, $46,800 for relocation of utilities, and $!1,000 for replacement of fences and contin- gencies; a total of $68,095. Mr. Humphrey also read a portion of a letter from Mr. R. G. Warner, Resident Engineer of the Virginia Department of Highways & Transportation, dated December 16, 1975, requesting a statement of commitment from the County for their participation in acquiring right-of- way and adjustment of utilities. Dr. Iachetta questioned Mr. Warner as to the traffic count on the Mint Springs Road, and whether or not this $68,095 could be better spent by the County to repair some other roadways in the County. Mr. Warner said the upgrading of this road was set as a high priority item by the previous Board. January 15, 1976 (Day Meeting) in financing the road improvements. Mr. Warner said the only additional time required would be advertising for public hearings. Mr. Henley then offered motion that the County support the project in the amount of approximately $68,095 for land acquisition and adjustment of utilities. Mr. Fisher asked who would do the legal work involved. Mr. Warner said hopefully the County's legal advisors. Mr. St. John said he and his staff would be glad to assist, but felt Attorney's for the Highway Department should do the work~ Mr. Roudabush asked if it is necessary for the county to participate financially before the work can be done. Mr. Warner said no, but the time would be much extended with funds being used from secondary road funds. Mr. Roudabush then offered a second to Mr. Henley's motion. After considerable discussion, Mrs. David offered a substitute motion that the County not support the project, and that the Virginia Department of Highways and Transportation use their normal methods to fund the project. Motion was seconded by Dr. Iachetta, and carried by the fol- lowing recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 3c) Deer Run Subdivision Road Bond. (See particulars concerning this bond in Minutes of December 18, 1975.) Mr. Humphrey said there are six items which must be accomplished before the road can be taken into the system. 3. 4. 5. 6. Clean out existing 12" pipe along the entrance connecting onto Route 743. Remove trees which have grown into the drainage ditch and shoulder. Widen the pavement to conform with the section. The existing pavement needs to be resurfaced. The shoulders and ditches need minor grading. The drainage easements appear to be in fair condition, but some shaping will be required. Mr. Humphre~ said Mr. Whyte was notified of these requirements by letter on December 23, 1975. The prior Board was considering imposition of a building permit moratorium. After considerable discussion by the Board as to the needed repairs versus the posted bond of $950.00, Mr. Roudabush offered motion to defer action until the next regular day meeting in February, and that the Planning staff notify Mr. Whyte of~the Board's intention to place a building permit moratorium on this subdivision. Mr. Fisher felt this time, lag would allow the developer time to obtain building permits. Mr. Roudabush amended his motion to defer any action on this matter until the meeting of January 21, 1976. Motion was seconded by Dr. Iachetta, and carried by the following vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 3d) Route 637. Mr. Fisher reviewed the circumstances surrounding the proposed improvements to Route 637 (road to the Ivy Landfill). Mr. Warner requested a resolution from the Board approving a change in proposed plans (that change being to take the right-of-way equally from property on both sides of the road, so the Highway Department can proceed.~ Mr. Bailey felt it would be proper to receive a concurrence from the City on the changes before adopting a resolution. Mr. Dorrier then offered motion to adopt the following resolution, subject to the concurrence of the City of Charlottes- ville: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that with the following alignment changes causing the new right-of-way to be taken equally from landowners on both sides of the road, and upon concurrence from the City of Charlottesville, the Board hereby approves plans for the widening of Route 637. From approximately station 25+00 to as close to station 78+26.96 the P.C. of a curve, the road alignment and right-of-way is to be centered as close as possible to the existing pavement with the right-of-way taken as 30 feet on either side. Motion was seconded by Mr. Roudabush and carried by the following recorded vote: AYES: Mrs. Davi~nd NAYS: None. Messrs. Dorrier, Fisher, Henley, Iachetta, and Roudabush. Not Docketed. Mr. Bailey presented a letter to the Board from the Highway Department requesting changes in alignment on Route 231. Mr. Perry presented a sketch indicating the proposed changes and assured the Board that it would cause no adverse effects to the Property owners. No public hearing being required, motion was then offered by Mr. Henley to adopt the following resolution: WHEREAS, certain changes have resulted in the Secondary System due to relocation and construction of Route 640; BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the. following section, as indicated on sketch presented to this meeting and made a part of the Board's permanent file, be abandoned pursuant to Section 33.1-155 of the Code of Virginia: From Route 231 to 350 feet northwest of Route 231 for a length of ~/7 mile. BE IT FURTHER RESOLVED that the following section be added to the Secondary System: From Route 231 to 327 feet northwest of Route 231 for a length of .06 mile. Motion was seconded by Dr. Iach~tta and carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. January 15, 1976 (Day Meeting) Not Docketed. Mrs. Martha Seldon, representing the Scenic Roads Committee of Citizens for Albemarle, requested a letter of endorsement from the Board to the Virginia Department of Highways and Transportation~to allow local commercial businesses the opportunity to rent space on the back of Kiosk signs erected by the Virginia Department of Highways and Transportation. Mr. Dorrier asked if these Kiosk signs were to be built and paid for by the Highway Department. Mrs. Seldon replied they were, and that space on the back of these Kiosk's could be rented by local commercial businesses. Dr. Iachetta said he felt the proposed signs would be more informative than billboards and offered motion to send a letter of endorsement to the Virginia Department of Highways and Transportation. Motion was seconded by Mrs. David and carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: NOne. o~ Not Docketed. Amortization of Signs. Mr. St. John said, the local legisla~a~e, Messrs. Michael, Michie and Murray have said they cannot introduce legislation for amortization of signs in this session of the General Assembly, unless the Board renews the resolution they enacted last Year requesting enabling legislation. Mr. Fisher recommended such action be taken. Dr. Iachetta then offered motion to adopt the following resolution: WHEREAS, the Albemarle County Sign Advisory Commission on October 23, 1974, returned its report concerning the state of signs and sign laws; and WHEREAS, one of the recommendations of the said Commission was that the Albemarle County Board of Supervisors request General Assembly legislation which would give local option a.s~to the amortization of signs; and WHEREAS, no such legislation was enacted by the 1975 session of the General Assembly; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby request-the Honorable James Harry Michael, Jr., Thomas'J; Michie, Jr., and James B. Murray, to sponsor a resolution in favor of enabling legislation permitting localities to provide for the amortization of signs after a certain number of years. Motion was seconded by Mrs. David and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta, and Roudabush. None. Not Docketed. Dr. Iachetta asked Mr. Warner if right-of-way could be returned to property owners on Route 643 where a road improvement project has never materialized. Mr. Warner said yes, but the Highway Department would need a letter requesting them to abandon the specific right-of-way. Mr. Dorrier asked Mr. Warner to take a traffic count and look into improvement of Route 717. He said increased traffic has made the road hazardous. No~ 6. Public Hearing on an ordinance amending and reenacting Section 2-4 of the Albemarle County Code known as the Planning Commission Ordinance so as to delete compensation for the Board of Supervisors' member serving on the Planning Commission. (Advertised in the Daily Progress on January 3 and January 9, 1976) .... Mr. Fisher presented the proposed amendment to the Board as follows: ,,;~ ?:*~"~ ................ Section 2-4. Composition; appointment, terms and compensation of~'e~'s. 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 for a term of one year who shall 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 years each. Each magisterial district shall be represented when practicable. Ail members of the planning commission except the Board of Supervisors member serving this commission shall receive compensation at the rate of twenty-five dollars for each meeting actually attended, payable monthly, but no member shall receive more than one hundred dollars per month. Voting members only shall be counted for purposes of determining a quorum. No one from the public wished to speak either for or against this proposed amendment and Mr. Fisher closed the public hearing. Motion was then offered by Dr. Iachetta, seconded by Mrs. David, to amend and reenact Section 2-4 of the Albemarle County Code as set out above, and the motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 7. Public Hearing to consider adoption of an ordinance to eliminate compensation for the Board of Supervisors member who serves on the Albemarle County Welfare Board. (Advertised in the Daily Progress on January 3 and January 9, 1976). Mr. Fisher read the proposed amendment as follows: ALBEMARLE COUNTY CODE, ARTICLE XII Section 2-59. The Board of Supervisors member who serves on the-Albemarle County Welfare Board shall serve on such Welfare Board'without compensation. No one from the public wished to speak either for or against adoption of this ordinance, and Mr. Fisher closed the public hearing. Motion was then offered by Mr. Dorrier, seconded by Mr. Henley, to adopt the aforementioned ordinance. The motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. January 15, 1976 (Day Meeting) No. 10. Scottsville Preapplication for Federal Assistance~ (NOTE: At the request of the Albemarle County Attorney, a verbatim transcript of this discussion is on permanent file in the office of the Clerk to the Board of Supervisors.) Mr. Fisher noted the members of the Board had received copies .of the plan prepared by Balzer and Associates entitled "Scottsville on the James", preapplication for Federal Assistance have visited the site. Mr. Dorrier said the Mayor of Scottsville town requested his help with some of the legal work on this project. I shall abstain from the discussion and vote on this issue, and read the following letter: "January 14, 1976 The Honorable John A. Dezio, Commonwealth's Attorney Re: Disclosure of potential material financial interest, Town of Scottsville Flood Management and Economic Revitalization Program Pursuant to Section 2.1-353 of the Virginia Conflict of Interest Act, Code of Virginia, 1950, as amended, I hereby disclose the existence of a potential material financial interest in the flood management and economic revitalization program for the Town of Scottsville. I have been contacted by the Mayor of the Town of Scottsville regarding doing the legal work for the project and while no contract or agreement for the legal work presently exists between myself and the Town of Scottsville, since the potential is there, I am disclosing this pursuant to Section 2.1-353 of the Virginia Conflicts of Interest Act. The project will be funded with federal funds under the Community Development Block Grant Program of the U.S. Department of Housing and Urban Development. Since the preapplication for federal funding for Phase II of the Flood Management and Economic Revitalization Program for the Town of Scottsville is coming before the Albemarle County Board of Supervisors on January 15, 1976, for County approval, I will abstain from any di~ssion and voting on the matter. I will also abstain from discussion and vote on any future phases of Scottsville's Flood Management and Economic Revitalization Program coming before the Albemarle County Board of Supervisors for approval. I am also enclosing a letter, dated December 31, 1975, to the Scottsville Town Council notifying the Town Council of my resignation as Town Attorney for the Town of Scottsville. If you have any questions, please do not hesitate to contact me. Sincerely yours, Lindsay G. Dorrier, Jr. Supervisor, Scottsvi!le District" Mr. Bailey made reference to his letter to Mr. Thacker of December 9, 1975, and asked what the significance of the proposed annexation line shown on the map entitled "Scottsville Area" was? He added that if it was not germane to the plan it should be removed. He also, noted that the area designated as Light Industrial Development is not currently zoned for such use and that area marked Proposed Retirement Village probably would be subject to a site plan review by the County Planning Commission, depending on the type and density of plan~n~i~io~ed~' ~Mayor Thacker said the annex- ation line had nothing whatsoever to do with the ~±oom ~anagemenv uontrol Program Grant. Mr. Balzer said it has nothing to do with the Flood Management Program. Mr. Fisher noted that there were references throughout the document in reference to this application, which refer to the matter of annexation from the town's standpoint, and encouraged the Board that they specifically exempt any approval of any aspect of any annexation plan. Mr. Roudabush asked if it would be too much trouble to have typed on the map a revision date with a notation that the line designated as the annexation boundary, be removed and all reference to it deleted. Mr. St. John asked if the Mayor and Mr. Balzer would unite in this notation to be on this map and specifically say that annexation will not enhance the benefit expected'to go to Scottsville, as a result of the project, and that a failure to annex will in no way deminish the benefits expected to flow to Scottsville as a result of this project. Mayor Thacker and Mr. Ba!zer both agreed with Mr. St. John's statement. ~ Mr. Bailey asked Mr. Balzer to address the statement on Line 8', Part II of the Preapplication, which states that the project will have beneficial environmental effects through abatement of flooding, etc. This benefit will, of course, accrue to the area within the proposed flood wall. It may be the flooding immediately without the 'flood wall will be intensified, to the detriment of the C & 0 Railway, the U.S. Rubber Corporation and other properties immediately above and below the Town of Scottsville. Mr. Balzer said one of the most important things in this application is the appli- cation for funds, which answers the very questions that Mr. Bailey has raised. If this application is approved, the first thing we do is the preliminary engineering, geology, environmental assessment to determine what kind of impact there is, and whether or not a detailed impact statement is required. Mr. Bailey/said the third item the county of Albemarle was most concerned with was what may happen~to the water and sewer utilities of the Albemarle County Service Authority and Rivanna Water and Sewer Authority within the area planned for development. The maps which accompany the preapplication clearly indicate that the sewage pump station, sanitary lagoon and chlorination chamber, together with certain water and sewer mains, are located within the areas designated as holding ponds, athletic fields, flag and pavilion concourses. He added that the majority of the water and sewer lines serving the Town of Scottsville are quite old and in poor repair. Fire protection is greatly reduced by the lack of proper hydrants and valves. It is anticipated that the renewal and pro- tection of the business and historical areas by the proposed project will add greatly to~.the use of these facilities. Prudence dictates that a renewal of these systems be undertaken as a part of this community development program, otherwise the improvements will have to be done at the expense of the utility customer through a prohibitive sewer and water rental rate. Such a renovation of the system must include a treatment plant for sewage. Mr. Bailey noted he did not expect the State Water Control Board to allow the use of a facultative lagoon for this purpose. We do expect the operation of a new plant to increase the sewage charge which the individual customer now pays. He then asked Mrk~.~E~ ~hompSom of the Albemarle Service Authority if he would like to speak. Mr. Thompson requested that if there was some way that the lagoon could be kept within the wall that goes around the outside to protect from the flood, it would al!ow possible continued use of the lagoon. To go to a type of treatment that would be necessary based on what preliminary figures I have, would practically double the cost of the treatment. Mr. Fisher requested Mr. Thompson's comments be incorporated verbatim into any approval given January 15, 19'76 (Day Meeting) could be paid for by the H.U.D. grant. Mr. Balzer said there was almost no chance of Community Development funds being made available for upgrading the entire water distribution ~system, but that any damage done to the lagoon would be covered. He added that the problems that are generated during the solving of the flood problem, they feel a direct responsibility to address themselves to, but the flood program is most critical. Mr. Fisher asked if the existing lines would be covered by the "flood wall". Mr. Balzer said he was sure a line would be crossed, but that some sort of protective encasement would be placed around that line first. Mr. Fisher then commented about poor condition of the Scot~sville water system, and said it would b~ abnormally short~-sighted to cover existing lines without any attempt to improve those lines. Mr. Fisher added that wherever you are planning to cover a line, that the design of~that line be referred to the Albemarle County Service Authority to allow them to recommend what should be done to the sections that are going to be buried and that part should be built to their standards. Mr. Batzer agreed, and said they are conscious~of the lagoon, that it will be investigated, and they will then be able to put it in the proper p~spe~~or~ t~e Board. Mr. Fisher concluded by saying that all agreed that no one is planning to b~-$~~ lines. Mr. Bailey suggested that the town agree that any disruption of the services that occur due to your plan, you will include in your work, whether it be a pump station, or whatever. Mr. Balzer agreed. Mr. Thacker agreed. Mr. Henley asked if it was con- sidered disruption to just cover lines. Mr. Bailey said yes, the lines could be crushed[ Mr. Bailey then read item #4 from his letter "The County of Albemarle is also interested in the projected cost of operation and maintenance of the several facilities comprising the proposed flood management project." Mayor Thacker said yes, the town is prepared to pay future maintenance and personne~ expenses~elative~to the flood project He then added that 46 acres of land which will be mn the i~$oundmen~ area,~f~e been donated and a~e presently being conveyed to the Town of Scotts- ville. Mr. Fisher said it would seem appropriate if the Board approves the preapplication, to request specifically that the question of long term operation and maintenance be addressed in the studies going on under the grant, and that matter be discussed by the Town and County prior to any land acquisition or to any physical improvements. He added that the.County has not seen evidence of what the cost of the operation will be, or that the ToWn of Scottsville has the resources to.main- tain it. Mr. Balze~said no Federal expenditure of funds could be made toward the acquisition of property or the construction of any improvements until t~e environmental impact study is def~e~. Th~ C_ount~ should then make sure there is some agreement between the Town and the County to sardine ~ounvy ~~s from any Obligation in the future. ~ - ' Mr. Fisher said that if it is the consensus of the board to approve the preapplication-~that ~ it is entirely appropriate that the County's comments be placed in writing on CountY stationery, and attached to this preapp!ication, also the comments from the Albemarle County Service Authority about its~concerns as stated here today. Mr. Bailey added that the Rivanna Water & Sewer Authority is also involved in this with their sewage treatment center. Mrs. David then offered motion to approve the preapplication, subject to conditions as set out in Mr. J. H. Bailey's letter to Mayor Raymon Thacker dated December 9, 1975, and the responses as shown in the record. Mr. St. John said the motion was adequate, and that he could not draft conditions without getting the minutes typed up verbatim and then drafting the motion. He suggested that subject to the questions posed, and the answers given, as shown by this record is an adequate motion at this with the substance of this appearing in the preapplication as submitted to H.U.D. time, should also say "subject to the final addendum to be attached to the preapplication." Mr. Balzer said timing of the preapplication is Critical, and that it must be before the Mayor for signature on Friday, February ~, 1976, and that he would need this addendum from the County by February 1st. Motion was seconded by Dr. Iachetta. ~Mr'. Bailey felt copy of the approved preapplication with addendum should be sent to the Rivanna Water & Sewer Authority and the Albemarle County Service Authority. Roll was called, and motion carried by the following recorded ~ote: AYES: Mrs. David and Messrs. Fisher, Henley, Iachetta and Roudabush. NAYS: None. ABSTAIN: Mr. Dorrier. No. 12. Library Board. Mr. Lloyd Smith, President of the Regional Library Board, presented a letter drafte~d by the County Attorney's office as a letter of intent to the Farmers Home Administra- tion, stating~hat the Albemarle County Board of Supervisors intends to support construction of a new Regional Library building. The letter, as presented, reads as follows: The Board of Supervisors of Albemarle County recognizes the value'to this community, as well as to the other political subdivisions comprising the Jefferson-Madison Regional Library, of efforts to fund and construct a new regional library facility. We support and applaud the efforts of the Board of Trustees, and we intend to fund our share of the construction costs, subject to all jurisdictions agreeing on their respective share of the costs of construction and subject to final approval of the project by this Board after State and Federal agencies have considered various applications for funds on behalf of the Board of Trustees of the Library. We understand that our share will be determined jointly by this County and the other participating political subdivisions and will be a fraction of the total cost after deducting all contributions received from the current fund raising drive. We are providing this letter to assist your Board in making application for Farmers Home Administration or other Federal funds for the construction of the facility, which is presently planned for the 1977-78 fiscal year. We understand if you are successful in Your efforts to obtain Federal funds, the share payable by Albemarle County may be paid through the issuance of long-term, general obligation instruments rather than lump sum capital appropriations. Any issuance of long-term general obligation instruments is dependent upon approval of the issuance by the citizens of Albemarle County in a public referendum, in the manner provided by law. In addition, a~l costs of any issuance of long-term, general obligation instruments shall be payable ou~ of the proceeds of the issuance. We express our interest in this proposal and hope that you will explore it further. As evidence of our past and continuing interest in the regional library, it should 'se noted that we previously appropriated $86,905 as our share for the purchase of a site for the January 1--5~_~7~ (Day Meeting) new building, and we make annual appropriations, along with the other political subdivisions in the region, for the operation of the Jefferson-Madison Regional Library. In fiscal year 1974- 75, our share of this cost was $200,000. Mr. Henley asked if this would obligate the county to payment af funds. Mr. St. John said no obligation is set forth in this letter, and even if funds are approved, if the voters do not support the county's participation, the county's obligations are void. Motion was then offered by Mrs. David to approve the above~ letter f~r the Chairman's signature, and that such letter be forwarded to the Jefferson-Madison Regional Library Board. Motion was seconded by Dr. Iachetta and carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. At 12:30 P.M., recess was called for lunch. Meeting reconvened at 1:30 P.M. No. 19. Central Absentee Voter Precinct. Mr. Richard Florence, Secretary for the Electoral Board, said the Electoral Board recommends the establishment of a central absentee voter precinct in the Albemarle County Off±ce Building to facilitate the handling of absentee ballots. He said they make this recommendation because of increased voting due to the Presidential election this year. The precinct would be established for a period of one year-only (February 1, 1976 to February 1, 1977). as set forth by State Code. Miss Ellen Nash of the Electoral Board said this would also prevent delays in counting votes in some of the larger precincts. Mr. Dorrier then offered motion to establish a central absentee voter precinct in Albemarle County under Virginia Code Section 24.1-233.1 for a period of one year. Motion was seconded by Mrs. David and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Mr. Florence then stated the Electoral Board wished to change the polling precinct in Esmont from Payne's Store to Yancey Elementary School. Mr. Dorrier said he was familiar with the problems of voting, at Payne's Store and would concur in the recommendation to move the voting precinct to Yancey School and offered motion to adopt the following resolution: BE IT RESOLVED that the Alb~emarle County Board of Supervisors does hereby concur in a request from the Albemarle County Electoral Board that the polling place for Porter's Precinct be changed from Payne's Store to the Yancey Elementary School. Motion was seconded by Mr. Roudabush and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 9. Review of Soil Erosion Ordinance. Mr. St. John read the following sections of the ordinance proposed to be amended: SECTION 5: Approval Required For Certain Activities And Conditions 5-2: It shall be unlawful for any person who owns land in Albemarle County willfully to suffer or permit any portion of his land to remain in such condition that soil erosion and sedimentation causes reasonably avoidable damage or harm to adjacent or downstream property, roads, streams, lakes or ponds. The Zoning Administrator, on his own initiative or upon complaint of any citizen, shall notify the owner of any such land that such condition exists, and shall require such owner to submit an erosion and sediment contr, ol plan to control such erosion and sedimentation. If such owner fails or refuses to submit such plan to the Zoning Administrator within the time specified in such notice, or if he fails or refuses to provide the controls required by the plan approved by .the Zoning Administrator within the specified time period after notice of such approval, he shall be deemed to have violated the provisions of this section and shall be subject to the provisions of Section 10 hereof for suc- h violation; provided that the Zoning Administrator may, for good cause shown, extend the period of such compliance for a reasonable time. In addition to all other remedies, the Zoning Administrator may, upon proper finding, proceed in accordance with Section 8-3 of this ordinance. SECTION 7: 7-1: 7-2: Review Of Plans And Specifications At the time of their submission, all plans and specifications required hereby shall be reviewed by the Zoning Administrator in order to ascertain whether all items required by the Handbook are shown thereon where applicable. If possible this review shall take place in the presence of the applicant at the time of submission of the plans and specifications; and in no event shall this review take place more than two (2) full working days after such submission. Ail plans and specifications shall show all items required by the Handbook prior to the submission to the Advisory Committee. Upon certification that the plans and specifications are in compliance as provided in the foregoing section, the Zoning Administrator shall submit them to the Advisory Committee. The Advisory Committee shall then proceed to review the plans and specif- ications to ascertain whether they are in compliance with the conservation standards of the Handbook. The review shall take place at the ne~xt regular meeting of the Committee following the submission of the plans, except that this review shall take place not more than thirty-five calendar days after submission of the plans and specifications by the applicant. The Advisory Committee may request such information as it may deem necessary for a proper review of the plans and specifications. A member of the Advisory Committee, accompanied by the applicant shall make an in- spection of the site in question as part of the review of plans and specifications. After its review, the Committee shall return its recommendation to the Zoning Ad- ministrator as to whether or not the Plans and specifications as submitted are in accordance with the standards of the Handbook. January 15, 1976 (Day Meeting) 7-3: The Zoning Administrator shall, in accordance with the recommendations of the Ad- visory Committee, approve or disapprove the plans and specifications as submitted; provided, that prior to taking action, the Zoning Administrator may refer to the Committee such specific questions concerning the application as may be reasonably necessary to the proper administration of this ordinance; but provided further that in any event, the Zoning Administrator shall approve or disapprove the plans and specifications within forty-five calendar days after application is made. 7-7: The Zoning Administrator shall have the power to establish reasonable administrative procedures for the administration of this ordinance. SECTION 8: Inspections 8-2: If it is determined under Section 8-1 that the permit holder has failed to comply with the plan, the Zoning Administrator shall immediately serve upon the permit holder by registered or certified mail to the address specified by the permit holder in his permit application a notice to comply. Such notice shall set forth speci- fically the measures needed to come into compliance with such plan and shall specify the time within which such measure shall be completed. If the permit holder fails to comply within the time specified, he may be subject to revocation of the permit and shall, in addition, be deemed to be in violation of this ordinance. 8-3: In the event that the permit holder shall fail to comply with a notice as provided in Section 8-2, upon finding that such action is reasonably necessary to protect the public health, safety and welfare, the Zoning Administrator may cause the necessary measures to be taken and shall proceed to recover the expenses of such action as provided in Section 10-2 hereof. Mr. Clarke said that none of these proposed changes will give the County Zoning Administrator any more authority than presently allowed in the State's model ordinance. He then explained how the proposed changes affect the present ordinance administratively. At the conclusion of Mr. Clarke's presentation, Mr. Fisher recommended the Board set these changes for a public hearing date in February. Mr. Roudabush offered motion to hold a public hearing on~.February 11, 1976, at 7:30 P.M. in the County Courthouse. Motion was seconded by Dr. Iachetta. Mrs. David said she was concerned about the use of the word "plan" in Section 5-2, stating it was too general and should be clarified. Mr. St. John said that by breaking down the meaning of the word "plan" the effectiveness of the ordinance could be diminished. Mr. Bailey said the complexity of plans required would depend upon the complexity of the soil erosion problem. At this point roll was called, and the motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 8. Estimate for drainage improvements, John Moore Site Plan. Mr. Roudabush said he was going to abstain from discussion and vote on this matter as he had prepared the site plan~' in question. Mr. Robert Tucker reviewed the problem for the Board. (See details in minutes of December 18, 1975.) Dr. Iachetta asked if there was any legal way to assess property owners for improvements made~ D~_$h~ County. Mr. St. John said the County can legally assess people for given services such ~s mraina~l~cilities and sewerage facilities but the assessment would have to be based on the benefit given to each particular piece of property. Mr. St. John read a portion of Virginia Code Section 15.1-466 "no such payment shall be required until such time as the governing body, or designated department or agency thereof, shall have established a general sewer and drainage im- provement program for an area having related and common sewer conditions and within which the land in question is located." Mr. Bailey asked if such a program for assessment could be retroactive. Mr. St. John said no. Mr. Fisher said he felt this matter should be further studied and brought back to the Board at a future date. Mr. Bailey suggested he speak with representatives'of the City of Charlottesville to explore the possibilities of implementing this code section. Mr. Fisher asked Mr. Bailey to see if the City has any interest in establishing a program for the watershed area in question and the County Attorney's staff look further into the requirements of establishing a program of this type. Motion was offered by Dr. Iachetta, seconded by Mr. Dorrier, to defer action on this site plan until January 21, 1976; motion was carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley and Iachetta. NAYS: None. ABSTAIN: Mr. Roudabush. No. 11. Appointments: a) Planning Commission: Mr. Roudabush nominated Mr. Paul M. Peatross to represent the Rivanna Magisterial District said term to expire on December 31, 1979. Dr. Iachetta nominated Dr. James W. Moore to represent the Charlottesville Magisterial District said term to expire on December 31, 1979. Motion to appoint the'above two nominees to the Planning Commission was made by Mr. Roudabush, seconded by Dr. Iachetta, and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Motion was then offered by Dr. Iachetta, seconded by Mr. Roudabush, to send a letter of ap- preciation for service to Mr. M. Clifton McClure and Mr. Wilbur C. Tinsley, whose terms had just expired on the Planning Commission. Roll was called and motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. b) School Board: Motion was offered by Mr. Henley, nominating Mr. Charles 'W. Maupin as the at- large member of the School Board. Motion was seconded by Mr. Roudabush, and carried by the following recorded vote: ~ January 15, 1976 [Day Meeting) d) Committees and Commissions on which Board members serve. Mr. Fisher said that except where required by State law, the following appointments would be for a term of one year.~ This will give Board members a chance to rotate among the different committees, and obtain a better understanding of the inner workings of the County government~ 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) Planning COmmisSion: Mrs. Opal David (one year term set by Albemarle County Code Section 2-3) Thomas Jefferson Planning District Commission: Dr. F. Anthony Iachetta, Mr. W. S. Roudabush, and Mr. Gerald E. Fisher (terms to run with term of office.) Welfare Board: Mr. Lindsay Dorrier, Jr. (replaces Mr. J.T. Henley, whose term expires on June 30, 1977, set by State Code Section 63.1-39.) Regional Jail Board: Mr. Joseph T. Henley, Jr. (term to expire December 31, 1976 set by Albemarle County Code Section 2-57.) ~ Region X Mental Health and Retardation Service Board: Mr. Lindsay Dorrier, Jr. (Ex- officio) Economic Development Commission: Mr. W. S. Roudabush. (one year) Space Committee: Mr. Joseph T. Henley, Jr., Dr. F. Anthony Iachetta, and Mr. W. S. Roudabush. (one year) Court Services Unit Advisory Council: Mr. Lindsay Dorrier, Jr. (one year) Library Budget Committee (1976-77 Budget): Mrs. Opal David and Mr. Joseph T. Henley, Jr. Personnel Committee: Mr. Gerald E. Fisher. (one year) Insurance Committee: Mr. Joseph T. Henley, Jr. (one year) Bicentennial Commission: Mr. Lindsay Dorrier, Jr. (one year) Industrial Revenue Bonding Authority: (Project Committee) Mr. W. S. Roudabush, Dr. F. Anthony Iachetta and Mr. Ray B. Jones. Transportation Study Policy Committee: Mrs. Opal David and Dr. F. Anthony Iachetta. Intergovernmental Committee: Chairman. Monticello Community Action Organization Board: appointment deferred. Not Docketed. Mr. E. E. Thompson of the Albemarle County Service Authority presented a plaque to the Board from the United Way Fund saying the County had reached 110% of its goal and collected a total of $1,100 from County employees. No. 13. Personnel Rules: (deferred from December 18, 1975) Mr. Michael Carroll requested the Board to consider adopting a broader policy in regard to the granting of compensatory time. At the present time, all compensatory time must be taken within the work week earned. The proposed policy would allow compensatory time to be taken anytime within the monthly pay period. Mrs. David then offered motion to adopt this policy as part of the County Employees' Handbook: (set out in detail in minutes of December 18, 1975) Mr. Fisher asked that Mr. Carroll make a report to the Board in six months comparing overtime paid to compensatory time taken. Motion was then seconded by Mr. Dorrier and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Not Docketed. Miss Lettie E. Neher, Clerk to the Board, said that due to problems in obtaining the Courthouse for a meeting scheduled by the Board for February 4, 1976 to hold public hearings on the South Rivanna River Reservoir Moratorium Ordinance~ She suggested changing the meeting location to Jack Jouett School. Mr. Roudabush offered motion changing the meeting place for February 4, 1976 from the Albemarle County Courthouse said change to be properly advertised. Motion was seconded by Dr. Iachetta and carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. a) No. 18. Refunds: Mrs. David offered motion to approve the following real estate tax refunds: WHEREAS, the Director of Finance of Albemarle County, Virginia, has appeared before this Board and certified that the following real estate taxes were erroneously assessed;and WHEREAS, the County Attorney has examined supporting evidence and consents that such assessments were 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 refunds as follows: 1) 2) 3) 4) 5) Oakhill Corporation, 1973 Ticket No. 111030 on Parcel 090-4, refund total $26.55. Parcel 090-4 with 6.129 acres is included in the 125.155 acres parcel no. 090A-3 which was taxed in the name of Hilda M. Breeden, Trustee for Forest Lodge Land Trust. There- fore, creating a double assessment for 1973 on the 6.129 acres. Mr. J.B. Ramsey, 1975 Ticket Nos. 112096, 112097, 112098, and 112099 on parcels 133-57, 133-58, 133-58 and 133-59; refund total $18.33. Error made in transferring this property; therefore creating a double assessment. Ol!ie L. Jr., and Florence L. Fitzgerald, 1975 Ticket No. 10507232 on Parcel 030-26-11; refund total $66.72. New construction was erroneously picked up on the basis of 100% completion rather than 75% on Parcel No. 03C-26-11. George A. Thompson, 1975 Ticket No. 11474100 on Parcel 056-49E; refund total $17.39. ~) Parcel No. 056-49E; lot not approved for septic system by Health Department due to soil content. The lot value was adjusted. Stonehenge Corporation, 1975 Ticket No. 11426044 on Parcel No. 060A1-02-5-2; refund total $60.16. New construction erroneously picked up on basis of 50% completion rather than 25%. FURTHER, all supporting papers verifying these requests are to be filed in the permanent records of the Board of Supervisors. AYES: NAYS: Motion was seconded by Dr. Iachetta and carried by the following recorded vote: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Motion was offered by Dr. Iachetta to approve the following personal property tax refunds: WHEREAS, the Director of Finance of Albemarle County, Virginia, has appeared before this Board and certified that the following personal property taxes were erroneously assessed; and WHEREAS, the County Attorney has examined supporting evidence and consents that such assessments were 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 refunds to be issued as follows: 1) I.J. Breeden, Inc., 1974 Ticket No. 106049 for two mobile homes sold in 1973; refund total $193.88. 2) I.J. Breeden, Inc., 1975 Ticket No. 210463 for one mobile home sold in 1973, refund total $56.40. 3) Kailynn C. Sprinkle, 1975 Ticket No. 111884, not county resident until after January 1, 1975; refund total $31.96. 4) Cassandra S. Church, 1975 Ticket No. 102172 for 1970 Dodge Dart erroneously assessed at incorrect amount; refund total $37.60. FURTHER, all supporting papers verifying these requests are to be filed in the permanent records of the Board of Supervisors. Motion was seconded by Mr. Roudabush and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 14. Statement of Expenses incurred by the Director of Finance, the Commonwealth Attorney's Office and the Sheriff's Department for the month of December, 1975, were presented. On motion by Mr. Roudabush, seconded by Dr. Iachetta, these statements were approved as read. The motion carried by the vote which follows: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 15. Statement of expenses for the Joint Security Complex for the month of December, 1975, was presented. On motion by Mr. Roudabush, seconded by Dr. Iachetta, this statement was approved as read. The motion passed by the recorded vote which follows: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 16. Report of the Joint Security Complex for the month of December, 1975. Costs incurred in the maintenance and operation of the Joint Security Complex for the month of December, 1975, along with summary statement of prisoner days, statement of the Jail Physician, statement of p aramedic salaries and statement_of salary for the classification officer were presented. (Two- thirds of these costs are reimbursable from the State.) On motion by Mrs. David, seconded by Dr. Iachetta, these statements were approved as read. The motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 20. information. Report of the County Executive for the month of December, 1975, was received as No. 21. Preapplication-Community Development Block Grant. Mr. Bailey said three items were being presented to the Board for inclusion into a preapplication for a H.U.D. grant. 1) extension of a water main in Scottsville to eliminate a well and serve additdonal residences in Stoney Point Subdivision east of Scottsville. Mr. Bailey said the Albemarle County Service Authority wantsto upgrade the present system, presently nearing it's capacity, by connecting this system with the Totier system. 2) Crozet sewerage. Mr. Bailey explained that at the present time, raw sewage is being pumped directly into Lickinghole Creek. Money from this grant could be used to:construct a force main and pumping station to transport this sewage to the treatment plant at Henley School. When the interceptor system is completed, this force main would be converted to a gravity sewer. 3) Funding of the Charlottesville Housing Improvement Program. Mr. Bailey said that according to the requirements set by the State Department of Planning and Community Affairs, the requirement for two public hearings on this application would be met by having this subject on the Board of Supervisors' agenda on two separate occasions. The present discussion could constitute the first hearing. The Board would have to set the date for the second hearing. Mr. Fisher said this should be advertised in the newspaper, so the citizens of the County receive notification that this grant application is before the Board. Mr. Fisher said the Planning Staff should review these projects as to their implications with. regard to the Comprehensive Plan. Motion was then offered by Dr. Iachetta to advertise this preapplication forCommunity Development Block Grant for public hearing on January 21, 1976 at 7:30 P.M. in the County Courthouse. Motion was seconded by Mr. Dorrier and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Not Docketed..~ Mr. Dorrier asked if the Board could, in the near future, look into the pos- sibility of a trash container system. Dr. Zachetta commented that this should wait until the total results of the Resource Recovery Committee are presented. Dr. Iachetta requested permission to look further into the subject of public safety, spec- ifically the location of a fire station on Route 29 North and the possible reestablishment of the fire station committee. Mr. Fisher and the other Board members were in agreement that this should be studied further and suggested that Dr. Iachetta make a report at his earliest convenience. Mr. Fisher read the following.letter from Mr. Thomas W. Hurlburt, Clerk of the Albemarle County School Board, to Mr. John Humphrey, County Planner: "The following is a copy of a motion passed by the Albemarle County School Board at its December 8, 1975, meeting. The motion is an excerpt'from the official minutes of that meeting. After considerably more discussion about the value of the reserved site in the Willoughby planned community, on a MOTION by Mr. Kindrick, seconded by Mr. Chapman, the site reservation for school use in the Willoughby planned communit~ was not requested; however, the School Board formall~ requested the Planning Commission and the Albemarle County Board of Supervisors to investigate the Possibility of developing a formula whereby all builders and developers share equally in the cost of school construction; and further, that local support be given to the Virginia Legislature for the enactment of enabling legislation, wherever feasible, to allow the local governing body and School Board to accept land, or money in lieu of land, as payment for the impact created on the school division by such building and development." Mr. Fisher added that since this could not be discussed during the present State Legislative session, it should be placed in a "pending" file for discussion some time in June, 1976. Mrs. David offered motion that letters of appreciation be sent to all outgoing members of Boards and Commissions. Motion was seconded by Dr. Iachetta and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. At 5:30 P.M., motion was offered by Dr. Iachetta to adjourn this meeting until January 21, 1976, at 7:30 P.M. in the County Courthouse. Motion was secon~ded by Mr. Dorrier and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None.