1974-09-279-'27'..7.-4
An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia,
was held on September 27, 1974 at 11:00 A.M. in the Board Room of the County Office
Building, Charlottesville, Virginia, said meeting bein~ adjourned from September
26, 1974.
Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr.,
William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr.
Absent: None.
Officers Present: County Executive and County Attorney.
Mr. Wheeler called the meeting to order and presented to the Board the
following agreement-and asked approval of same.
THiS AGREEMENT, made and entered into this day of
, 1974, by and between the CITY OF CHARLOTTESVILLE,
VIRGINIA, a municipal corporation and the BOARD OF SUPERVISORS
OF ALBEMARLE COUNTY, VIRGINIA, a political subdivision of the
State of Virginia.
WITNESSETH:
WHEREAS, the City of Charlottesville has attempted 'for many
months to secure a site for development as a sanitary landfill
which is both suitable to serve the solid waste disposal needs
of its citizens and acceptable to the zoning authorities
of the County of Albemarle; and
WHEREAS, this search has proven unsuccessful and has led to
severe differences of opinion producing costly and time
consuming litigation which has been burdensome to all parties;
and
WHEREAS, the Circuit Court of Albemarle County by decree
entered June 7, 1974, directed the Board of Supervisors to
reconsider the City's applications for special use permits at
certain landfill sites and if the board failed to grant either
of such permits, to propose another landfill site for the City's
use; and
WHEREAS, pursuant to such decree the County has proposed
its landfill site at Ivy for joint use by the City and County,
and it appears to the governing bodies of both jurisdictions
that this is an acceptable-compromise provided certain
provisions are made for improvement of the operation of the
Ivy Landfill and for improvement of the highway access
available thereto,
NOW, THEREFORE, in consideration of the mutual benefits
and obligations herein contained the partfes hereby agree to
the following terms and conditions:
1. City and County Shall at the earliest practicable
date, proceed to acquire fee simple ownership of the land
comprising the Ivy landfill site from its present owners
by purchase or condemnation, if necessary.
2. Operational control of the sanitary landfill at Ivy
shall be immediately vested jointly in the City and County
as represented by the City Director of Public Works and
County Engineer respectively.
3. Such representatives shalI consult and agree upon
all measures concerning the operation of the landfill site
and shall seek to insure that it is operated in a safe,
sanitary and efficient manner in full compliance with all
applicable federal, state and local regulations and sound
engineering principles.
4. It is anticipated by the parties that initial
operation of the landfill pursuant to this agreement will
be performed by City employees using City owned equipment. However,
if at a later date it appears disadvantageous for the City
to continue use of its own employees or equipment for this
purpose, the County agrees to cooperate in securing a contract
for operation of the landfill by a third party subject to the
supervision and control of the City and Oounty representatives
as hereinabove described.
5. For a period of one year following execution of this
agreement by both parties or until such later date as accurate
figures on the tonnage of solid waste entering the landfill
from each .jurisdiction may be available, all operating expenses
connected with landfill operations shall be borne equally
by City and County. The term operating~e×p~nses ~hall. in~lude
all direct personnel costs, cost of materials and supplies,
insurance, amortization of existing equipment and other
commodities or services furnished by either County or City in
connection with landfill operations. Thereafter, operating
expenses shall be borne by City and County in proportion
to t~e respective tonnage being disposed of in the landfill
from each jurisdiction. Such proportion shall be recomputed
annually on the anniversary date of the first such computation.
For purposes of this agreement solid waste materials originating
from and disposed of by the University of Virginia, its
contractors or agents, shall be considered to be part of the solid
waste volume of County.
6. City and County agree to begin immediately and to
proceed with all deliberate speed to secure the necessary
improvements to State Route 637 in order to secure safe
and convenient access to the Ivy Landfill for all vehicles
and to protect the safety of other citizens utilizing such highway.
Recognizing that construction of such improvements by the
Virginia Department of Highways might be subject to unacceptable
delays, City and County agree to proceed to secure ths necessary
contracts for design and construction of said improvements
and to acquire the necessary right-of-way in connection
therewith subject to such consultation and approval from the
Virginia Department of Highways as may be required by law and
with a view to eventual acceptance of such improvements into
the state highway system.
7. Ail capital expenditures in connection with the Ivy
Landfill including, without limitation, purchase or condemnation
of land, construction of road and other improvements, purchase
of new capital equipment and engineering, legal, appraisal
or other professional services in conjunction therewith, shall
hereafter be borne equally by City and County.
8. Land to be acquired jointly by the City and County
pursuant to this agreement for use as a landfill site shall
not be sold nor shall the interest of either party therein
be transferred or assigned without the joint consent of the
governing bodies of both jurisdictions and these parties agree to
the recording of appropriate instruments setting forth such
restrictive covenant following their acquisition of such property.
9. City and County agree that the Ivy Landfill will be
open to receive refuse six (6) days per week, Monday through
Saturday, from 8:00 a.m. to 5:00 p.m. with the exception of
December 25th.
IN WITNESS WHEREOF, the Counci2 of the City of Charlottesville
and the Board of Supervisors of Albemarle County have caused this
agreement to be executed by their respective presiding officers
and attested by their respective clerks pursuant to resolution
duly adopted at meetings of each such governing body on
September 27, 1974.
ATTEST:
CITY OF CHARLOTTESVILLE
Clerk of the Council
Mayor
ATTEST:
BOARD OF SUPERVISORS OF
ALBEMARLE COUNTY
Clerk BY (SEAL)
Chairman
9-27-74
Motion was offered by Mr. Wood to authorize the Chairman to execute this
contract in good faith with the City of Charlottesville. The motion was
seconded by Mr. Thacker.
Mr. Thacker asked if in conjunction with this contract, there will be
a joint committee established to investigate further possibilities for
disposal of solid waste. Mr. Wheeler said this has been discussed but is
not included in the contract. It was announced at a press conference this
morning, held by himself and the Mayor of Charlottesville, that this
committee will hopefully be appointed within 30 days and if deemed necessary
by the committee, a consultant will be hired.
Vote was taken' at this point and motion carried by the following
recorded vote:
AYES: Messrs. Carwile, Thacker, Wheeler and Wood.
NAYS: Mr. Fisher and Mr. Henley.
Miss Page Godsey was present to ask the Board's approval of the
following agreement with the Thomas Jefferson Soil and Water Conservation
District:
The County of Albemarle agrees to furnish the Thomas
Jefferson Soil and Water Conservation District a clerk
from 12:30 p.m. to 4:30 p.m. each day except the fourth
Friday each month from 10:00 a.m. to 4:30 p.m. with
salary paid by the County of Albemarle.
-The District agrees to type the soil survey report
and make farm plans and available soil maps accessible
to this clerk at all times for her to secure soil capability
classifications.
This agreement may be cancelled at anytime by either
party giving sixty days notice to the other or by mutual
consent.
COUNTY OF ALBEMARLE:
CHAIRMAN
THOMAS JEFFERSON SOIL
AND WATER CONSERVATION DISTRICT:
CHAIRMAN
Mr. Batchetor said this puts into writing the agreement the Counvy
has had with the TJ District and is agreeable to all parities. Mr. Wood
asked if this willeexpedite the enforcement of the Soil Erosion Ordinance
or make corrections of errors made ~n the past. Mr. Batchelor said this
agreement pertains to the Soil Survey and the Land Use Tax.. The Soil
Erosion Ordinance is being redrafted at this time by the County Attorney.
Motion to authorize the Chairman to sign the agreement on behalf of
the County was offered by Mr. Henley, seconded by Mr. Wood and carried by the
following recorded vote:
AYES: Messrs. Carwite, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
22
2 2 2 9-27-?
Mr. 0arwile said he understood that Mr. Smart is no longer acting on
behalf of TJ Soil and Water Conservation District with respect to approval
of certain plans. He asked if that were true. Mr. Batchelor said no. Mr.
Smart is still the Chairman of the TJ Soil and Water Conservation District.
However, there should be defined either in the law or in the agreement between
the County, the District and the Service a method and a time frame for submitting
plans, reviewing, passing on and returning these to the County.
The Clerk read in the following resolut'ion:
WHEREAS, Albemarle County entered into a five year lease on
May 15, 1969, with Continenaal Can Company, Inc. for the use of
land-~situated in the Samuel Miller Magisterial District of
Albemarle County, Virginia, about 4.5 miles southwest of Ivy,
on State Route 637, containing ay that time 313.9 acres, more
or less, as set fort~ on Parcel 28, Section 73 of the Albemarle
County Tax Map, and now containing 303.15 acres, more or less,
as a sanitary landfill, whic~ use has been continuous since 1968;
and
WHEREAS, said lease expired on May 15, 1974, and has not
been renewed by Continental Can Company, Inc., and since that
date, Albemarle County has continued to use said land as a
landfill totally at the will of Continental Can Company, Inc.; and
WHEREAS, the health, safety, and welfare of the citizens of
Albemarle County and the citizens of the City of Charlottesville
require the continued existence of a sanitary landfill for
disposal of trash and garbag~by burying the same beneath
the surface of the ground; and
WHEREAS, an emergency exists in regard to the present need
for this landfill as an imm~d±ate, safe, dumping place for waste
materials, thus creating the possibility of a substantial health
hazard to the citizens of Albemarle County and the City of
Charlottesville if Continental Can Company, Inc. should decide
to stop Albemarle County from using said land, known as the
Ivy Landfill, as a landfill; and
WHEREAS, Albemarle County has offered to buy from Continental
Can Company, Inc. said land for the amount of $204,320.00, but
this offer~· has been ineffectual;
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board
of Supervmsors desires to acquire by the exercise of the right
of eminent domain a fee simple interest in said land known as the
Ivy~Landfill, and instructs the County Attorney to institute
condemnation proceedings to acoomplish the same and to request the
right to remain on said land and continue to use it as a sanitary
landfill before the issue of just compensation has been determined.
Mr. Wheeler said this exact same resolution will be introduced to
City Council in just a few minutes and they will join with the County in the
condemnation of this land for ~se as a sanitary landfill.
Motion to adopt the foregoing resolution was offered by Mr. Carwile,
seconded by Mr. Wood and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Mr. Wheeler said there was one other matter in connection with the landfill.
The present agreement with the contractor, Whitfield Morris, is a thirty-day
temporary agreement. He asked that the Board authorize notice be given to Mr. Morris
9-27-74
223
today, cancelling that contract as of October 31, 1974. Mr. St. John
said he has drafted a letter to be signed by himself and the City
Attorney addressed to Mr. Morris terminating the contract no later than
October 31, 1974. The letter states that the City-County are prepared
to assume full responsibility for operation of the landfill after that
date. He said it is only fair to give Mr. Morris notice that he has until
October 31 to cease work and remove his equipment. The letter also
requested Mr. Morris to novify the City-County when he intends to cease
work so they will have time to get their equipment in place. Mr. Morris
will be expected to comply with the existing contractural arrangement
with respect to operation of the landfill until he gives the County notice
when he intends to cease operation.
Mr. Fisher asked how much notice Mr. Morris is being required to give.
Mr. St. John said that was not stated in the letter. He did not think the
City-County would need but one~tice. The City Public Works Director had said
they can move their equipment to the landfill site. at any time. Mr. Fisher asked
what would happen if Mr. Morris leaves without giving notice. Mr. St. John
said the City can move their equipment right in and there are means by which
the City-County would be aware of this. Mr. J. Harvey Bailey, the County
Engineer will have personnel at the site twenty-four hours a day to see that
a fire does not start again'during this period. Mr. Bailey has said he is
sure Mr. Morris will cooperate in this.
Mr. Wheeler said this has been discussed by Mr. Agnor and Mr. Bailey. They
have assured him that the City stands ready to take over the operation at any
time.
Motion was then offered by Mr. Thacker authorizing Mr. St. John to take
the proper action to terminate the agreement between the County and Mr. Whitfield
Morris. The morion was seconded by Mr. Carwile and carried by the following
recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Mr. Wood said it has been brought to his attention that there is a
vacancy on the Mental Health Board. Luther Waytes, has resigned. He
asked that the Clerk place this appointment on the agenda for October 17 and
send each Board member a copy of the resumee of William C. Blucher who has
offered his services as a member of this Board.
At 12:05 P.M., the Chairman requested an executive session to discuss
legal and personnel matters. Motion to this effect was offered by Mr. Fisher,
seconded by Mr. Thacker and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
The Board reconvened at 1:33 P.M. (Mr. Carwile and Mr.. Wood absent at this
time.)
Mr. Wheeler announced that during executive session the Board was notified
by the Mayor that the City Council did not take action on the Joint Agreement
today. He expects them to resolve their differences and take action on this
agreement on next Monday.
Mr. Thacker presented the following resolution for adoption.
WHEREAS, the Albemarle County Board of Supervisors has received
the report of the Special Grand Jury dated September 13, 197~; and
WHEREAS, the Albemarle County Board of Supervisors has received
a statement from the Staff of Albemarle County dated September
24, 1974, requesting that the Board of Supervisors obtain from the
Special Grand Jury specific details of the Charges and allegations
contained in its report; and
WHEREAS, the Albemarle County Board of Supervisors is gravely
concerned with the charges and allegations contained in the report
of the Special Grand Jury, several of which are specific in nature and
several of which are broad and general in nature to the extent that
they cannot be properly investigated; and
WHEREAS, the Albemarle County Board of Supervisors has scheduled
open public meetings, beginning October 2, 1974, for the purpose
of further investigating and providing answers to the charges and
allegations contained in the report of the Special Grand Jury to
the citizens of Albemarle County;
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board
of Supervisors does hereby respectfully request that the Speoial
Grand Jury, in the best interest of the citizens of the County of
Albemarle, provide to the Albemarle County Board of Supervisors as
soon as possible the specifics and particulars of the charges and
allegations contained in the report of the Special Grand Jury
in order that the Board may fully investigate the charges and allegations
in the most expeditious manner possible and at the least possible
cost to the taxpayers of the County.
Mr. Thacker said he felt the members of the grand jury are concerned with the
best interest of the County and think they, as all County citizens, desire the
most effective and efficient government for the County. For these reasons,
he offered motion to adopt the foregoing resolution. Motion was seconded by
Mr. Fisher.
Mr. Wheeler said, if the resolution passes, a copy should be sent to each member
of the Grand Jury as soon as possible. Mr. Fisher said he felt the request from the
staff has paralleled his own concern about how the County could answer charges
where they were no specifics about the people, the time, the events and it would be
impossible to-go through five to ten years of records to determine what was being
alluded to. It is important to get enough detai. 1 so the Board can make a good effort
to find if the right things have been done and if they have not, what can be done
to correct the situation.
Mr. Wheeler said he supports what Mr. Fisher and Mr. Thacker have said and if
the Board is furnished enough information by the Grand Jury this will help aid the
Board in any investigation they make.
9-27-74
225
Vote was taken at this time and the motion carried by the following
recorded vote:
AYES: Messrs. Fisher, Henley, Thacker and Wheeler
NAYS: None.
ABSENT: Mr. Carwile and Mr. Wood.
Claims against the County in the amount of $1,533,689.56 were presented,
examined and allowed and certified to the Director of Finance for payment and
charged to the following funds:
General Fund
General Operating Fund
School Operating Fund
School Construction'Capital Outlay Fund
General Operating-Capital Outlay Fund
Textbook Rental Fund
Joint Security Complex Fund
Town of Scottsville: Local Sales Tax
Commonwealth of Virginia: Current
Credit Account
$ 35,912.23
305,727.69
1,072,496.89
96,130.42
4,040.02
11,620.90
6,460.51
244.00
1,056.90
$1,5.33,689.56
At 1:40 P.M., motion was offered by Mr. Fisher, seconded by Mr. Thacker to
adjourn this meeting until October 2, 1974 at 7:30 P.M. in the Albemarle County
Courthouse. The motion carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Carwile and Mr. Wood.
CHAIRMAN