1974-10-0210-2-74 2 2 7
An ad]ourned:meet±n8 of the Board of Superv±sors of Albemarle Cot~t¥, V±rg±n±a,
was held on October 2, 1974, at 7:30 P.M. ±n the Albemarle County Courthouse, Charlottes-
v±lle, V±rg±nLa, sa±d meet±n8 be±n8 adjourned from Se?tember 27, 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.
Wheeler: Gentlemen of the Board, unless I have some objections, the meeting will
be handled in this manner. I would like to make some remarks. I will then give you
gentlemen a chance to make some remarks, if you like. We will then call on Mr. Tremain,
Chairman of the Service Authority, for remarks and comments and then we will go down the
list of questions and comments in the Grand Jury Report. At the end of the meeting after
investigation, each Board member will be given a chance to make comments. Ladies and
gentlemen, my comments will be those of my personal feelings, a review leading up to
this particular night and I will make comments on policy as Chairman of the Board of
Supervisors. Most of the comments contained in the Grand Jury Report cover the period
that I have served on the Board of Supervisors from January 1, 1968, to date. So it
(and)
will be clear just who has made the decisions during that period of time,/who have been
members of the Board and Commissions that have worked with the Board of Supervisors, I
would like to review the names of the people who have served the citizens of Albemarle
County. The Board on January 1, 1968, was made up of Mr. Edgar Garnett as Chairman
from the White Hall District; Mr. Joseph Gibson was Vice-Chairman from the Ivy District;
and
Mr. Richard Yancey represented the Samuel Miller District;/Mr. Peter Way, now Reverend
Peter Way represented the Scottsville District. Over that' period of four years for that
Board, Mr. Donald Carroll served the Scottsville District and Mr. Forrest Paulett served.
Representing the Charlottesville District was Mr. Lloyd Wood and I represented the Rivanna
District. 'Of course, you are familiar with the present Board of Supervisors that have
served since January 1, 1972. The present members of the Albemarle County Service
Authority are Mr. Myron E. Tremain, Chairman, Mr. George T. Omohundro, Mr. L. A. Lacy,
Mr. Robert P. Englander and Mr. Elvin E. Thompson. During that period from 1968 Mr.
Hedley Bowen served as Chairman for some years and Mr. Ed Hoy served on the Service
Authority. Making up the Albemarle County Planning Commission at this time is Mr.
Clifton McClure of the Charlottesville District, Mr. David Carr as Chairman, Mr. Jack
Rinehart from the Jack Jouett District, Peter Easter from the Rivanna District, Mr.
Wilbur Tinsley from the Rivanna District, Mr. Roy Barksdale from the Samuel Miller
District, James Sams from the Scottsville District, Mrs. Ellen Craddock from the White
Hall District, Mr. Louis Staley from the White Hall District and,Mr..Lloyd Wood is
the Board's mepresentative. Also during this period of time, Dr. Avery Catlin served
most of this period as Chairman of the Planning Commission. Also serving on the Planning
On present
Commission was Mr. Cecil Maupin, and Judge Amato. /Our/School Board~is Mr. Edward Chapman,
Mr. Alton Taylor, Mr. Allan B. Kindrick, Mrs. Ruth Ferguson, Mr. Douglas White, Mr.
2 2 8 10- -74
Carl Van Fossen, Chairman, and Mr. Charles Maupin. I state these names because the
decisions have been made by .these men and women since January 1, 1968. On February 15,
1973, (I think it probably appropriate that I have the first tonight because I had the
first words on that), I was driving in to a Board
(I don't know what station to accredit it to), but a County employee was on that station
making certain allegations. During the course of that meeting, that morning, Mr. Joe
Goldsmith was called by me to report to the Board of Supervisors meeting. I told him
that I had heard those allegations. I Wanted a report for the Board of Supervisors.
You all know the results. Mr. Goldsmith stated that certain developers had been given
preferential treatment and he named the two County official, Mr. Batchelor and Mr.
Humphrey, as those he thought were giving preferential treatment to Mr. Daley Craig
and Dr. Hurt. The Board, after hearing these allegations, met with the Commonwealth's
Attorney on February 21st and discussed the comments of Mr. Goldsmith. After discussion
(we)
with Mr. Haugh,/turned the investigation of these allegations over to the Commonwealth's
Attorney. He was asked and instructed to make a complete investigation; not just
of Mr..Batchelor and Mr. Humphrey, but of the County staff and the Board members or
anyone connected with the County and to report. In the early summer of 1973 Mr. Haugh
informed me that due to the responsibilities of his office, he felt it necessary to
bring in to assist him, two State POlice investigators, and he asked me to notify the
County staff and the County Board members that these two State Police investigators
would be interviewing County employees and would need information. Instructions were
given to Mr. Batchelor to make the records of the County available to the Police
investigators and to instruct the County employees to give them information they
might need.~ I stated as Chairman of the Board that we stood ready to meet with the
investigators and to answer questions. 'As the year went on, 1973, you well.know the
State Police investigators went through the files, questioned County employees and
met with Board members. Finally, in March of 1974, the Commonwealth Attorney asked
that a grand jury be impounded. That grand jury carried out the investigation and
issued its final report. You are aware that this Board passed a resolution last week
asking that if the grand jury had additional information, that we be furnished that
information. I have in hand a letter from Robert E. Merrill':
"Dear Mr~ Wheeler:
t have before me~.the Resolution of the Board which you handed to
me last Friday.
Surely, your legal counsel must have advised you that Grand Jury
members cannot legally reveal information obtained in the Jury Room.
Therefore, I am declining your request to "provide to the Board--the
specifics and particulars of charges and allegations--."
lit would seem to me that an in-depth interview of department heads
involved would provide you with sufficient detail on operational problems.
It is my hope that the October 2nd. meeting will mark the beginning
of an improved Albemarle County Government.
Sincerely yours,
(Signed) Robert E. Merrill"
10-2-74
229
So, gentlemen, we have received all the ir~rmation that we will receive from the Grand
Jury. Now, in the course of the investigation, both of the State Police and of the Grand
Jury, certain things happened in which specific orders were given. I would like to take
up first the matter of the Planning Commission tapes which disappeared. In the summer
of 1973, Mr. Haugh reported to me that there were two tapes of a Planning Commission
meeting that they could not find and would I look into it and give him a report. I
checked with Mr. Humphrey and Mr. Humphrey reported back to me that there had been a
shortage of tapes and these two tapes had been reused. I asked him to make a report to
Mr. Charlie Haugh. He sent him a letter. After that date, I contacted Mr. Haugh and
asked him if there were any problems; did he need additional information? He said that
Mr. Humphrey's letter was satisfactory. I would like to point out that the Planning
Commission is an advisory commission and final decisions are made by the men at this
table. I also would like to point out that the Grand Jury, to my knowledge, did not
call one, single member of the Planning Commission. I speak to the citizens of Albemarle
County. If I want to know something about the decisions of the Planning Commission, I
go to the members of the Planning Commission. Something else that the Grand Jury
discussed with me was the Board minutes; minutes of the Board meetings. We discussed
this at our last meeting in September. Our minutes, because of the work load on Miss
Neher, are behind. They are-up only in written form to mail. We want to get them up
to date. The minutes of the meetings from January 1, 1968 until May, 1974, are available
and have been available. Certainly that should have been sufficient for any investigation.
One of the other things I think the citizens of the County should be aware of, and I
state now my personal position, I am not a Supervisor representing the County of Albemarle
only when I am in an official meeting. I want the citizens of this County to know that
I am a Supervisor twenty-four hours a day. I was elected, not to attend official
meetings and act only then, I was elected to take care of County business twenty-four
hours a day. So were these other gentlemen sitting at this table. We accepted that
responsibility and we act twenty-four hours a day. The reason I am stating this is
because one of the questions asked me by the Grand Jury was in connection with a motion
of our Attorney on May 13th. Now, ladies and gentlemen, in legal matters, personnel
matters and the purchase of land, those are things that this Board has to take care of
in executive session. Quite often, if it is an emergency, as Chairman I get on the tele-
phone.calling and I do a canvass of the Board members and the decision is made and action
is taken and we follow that up with official action in Board meetings. If emergencies
arise, I want the citizens of-this County to be aware that this Board is going to take
action. We are not going to wait~five days to get into a meeting when action should
be taken then. That is the policy of this Board, that is my personal policy and I will
carry it out as long as I am a member of this Board of Supervisors, within the legal
limits. At no time have I been notified as Chairman of the Board of Supervisors of
any lack of cooperation, not only with the State Police, but the Commonwealth's Attorney,
nor with the Grand Jury., until I read this report. I can assure the citizens of this
230
10-2-74
County that ~ad I known, or had this Board known of any lack of cooperation, steps
would have taken to correct it. I would just like to get to a couple of specifics.
On Item No. 1 to do with the Purchasing Department. Mr. Calvin E. Jones, our Purchasing
Director, Mrs. Jones died last night. I notified him not to attend this meeting. Mr.
Jones can come before our Board at some time in the near future and make a report of
his office and how it is handled. He is certainly not expected to be here tonight.
As to No. 6 having to do with the Albemarle County Service Authority loan, the Farmers
Home Administration. The Service Authority members will make comments on this, but I
just want the citizens of this County to knows Mr. Richard E. Goodling is the State
Director of Farmers Home Administration. Members of this Board met with Mr. Goodling
several weeks ago, not about this but to look at Iow-cost homes. During the tour
we discussed this loan with Mr. Goodling. He was fully aware of the 10an and the
circumstances under which it was made. Because his office had a complaint from a citizen
of this County, he had his attorneys and the att.orneys in Washington, to check into the
Board
legality. His report to me and to the/members, there is not any question abOut the
legality. I would just like to say this. On the other side of obtaining this loan,
it could have been obtained from other sources at a higher rate of interest. I am
sure that is not what our citizens want. No. 13. I am going over some of these things
I have had contact with. Illegal use of State Funds in connection with County
employees, that is, State participation. I would like to remind the members of this
Board and the citizens of this County. Mr. Wood and I appeared in Richmond a number of
times over the last several years to discuss State participation with the Compensation
Board. I think Mr. WoOd can state at a later time there has never been any question.
and we
We went down there ~ explained what our people did. The people in Richmond are well
aware of what they are participating in. Certainly an effort has been made by this
on
Board for as long as I have been/it, when we could secure Federal funds or State funds,
we have. We did this. It is your money. The citizens of this County pay Federal taxes
and State taxes and we expect to relieve them of the local load as much as we can.
Ethics. That has to do with conflict of interests. Now several years ago at the
Planning Commission, there was some comment about what should be done when you abstain
from voting. Some of the members on the Planning Commission had abstained and some
of the other members had some questions. This Board stated at that time that when a
member of the Planning Commission or any other Board or this Board of Supervisors made
the personal decision to step aside, to abstain, then no questions should be asked.
That was the policy of this Board. Most of the time if it is something that is going
to be taken up for a lengthy time, the Board member steps aside and goes out in the
hall and has a drink of water. BUt, the law, ladies and gentlemen, only requires that
you step aside and abStain, whether you go home, sit outdoors, or sit in a closet, the
law doesn't speak to that. Now, Ihave just tried to briefly go over some of the things,
and we are going to get into others, my personal feelings and things I can shed a little
light on up to this date. Gentlemen, I will sit down now and give other Board members
10-2-74
231
Mr. Wood?
a chance if they have any comments.
Wood: I don't have anything.
Wheeler: Mr. Thacker?
Thacker: No, sir, other than to say that I would agree with every statement I have
I may have some comments later, but at this time I
Mr. Carwile~?
Not at this time.
Mr. Fisher?
Mr. Chairman. I have been very disappointed that we have not been able to
knowledge of that you have made.
have nothing further.
Wheeler:
Carwite:
Wheeler:
Fiaher:
obtain details about the charges that are contained in this report. From listening to
one of the radio stations, the ex-foreman of the Grand Jury was quoted as saying "having
said that, when each members of this Board was in'the Grand Jury Room and was being
questioned by the Grand Jury, that the Grand Jury told us at that time the details of
these charges. I want to say that when these questions were asked, some of ~these
questions and some othe~ were asked, they were asked in such a manner as this; do
you know that a certain County employee was observed using a control drug at a public
meeting? My response was no, who was it, where was it and when did it happen and
ther~-~was no information given me. Not one word. There were other questions. Did
you know that lots had been sold in a place where the sewage facilities are overloaded?
Where did this happen and when were my questions. There was no response. I want to
state that I do not know the details of many of these questions and I cannot respond
and I don't believe the staff can respond to many of these questions because of their
broad generality, the fact that they might have happened over any of a number of years
anywhere in this County. In some cases they are talking about a sign that was allowed
to remain in place. I don'~t think that I have any knowledge of this. It is going to
be very difficult to conduct any sort of an investigation and to get any answers without
more details.
Wheeler:
Henley:
Wheeler:
Mr. Henley?
..I will have some later.
Mr. Tremain.
Myron Tremain: Mr. Chairman and membe~ of the Board~and fellow citizens of
Albemarle County. The report of the Albemarle County Service Authority Board is included
in your report which you have before you. About a third of they my down I would guess.
We, as has been indicated by several of you members, found the report hard to follow
and certainly without detail that we could answer in very complete detail, but we did
attempt to select the items that were listed on which we felt we could get a specific
answer and on a couple of the points that we felt we could give some background information
we attempted to do so. A report to you is dated September 2'7, 1974. "The following is
the background and summation of those specific matters referred to in the report"and
2 3 2 1012]}'4 ....
we refer to Page Three of the Grand Jury Report. The first question that seemed to
be of concern to the Service Authority was that of a, self-sufficiency of the Authority.
I don't have the report before me but it implied, at least, and we have stated many
times that our AUthority has attempted and is reaching a point of self'sufficiency from
the standpoint of meeting our bonded indebtedness and providing the basic services.
The point was raised in the Grand Jury RePort, however, specifically in regard to the
use of the Authority, by the AUthority, of various County employees. In report to
the question we wiSh to remind the Board of Supervisors and the people of Albemarle
County that we were created back in 1964 in accordance with recommendation of bond
counsel, investment counsel and consulting engineers. Prior to our creation there were
feasibility studies made by professional engineers which recommended the various ranes,
procedures and projects which we attempted to do at that time. The Board, at that time,
was fully aware that they would have to supply us certain administrative services and
they were completely in agreement with this need. This included billing manpower,
thoroughly agreed
machinery and office space. It was ~ at that time that if the Authority was going
to be formed, that we would need that assistance. We also felt that as soon as the
Authority became completely self-suffiCient, it was our intent as well as the Board
that
of Supervi-sors, 'that we would divorce ourselves from the assistance /" the County
was providing. Since 1964, and speci, fically within .the past three years, the burden
of some of these costs has gradually been shifted to the Service Authority. In 1971-72
we hired one billing clerk. In 72-73 another clerk was added to our staff. DUring
the 73-74, we paid the County $5,000, as a token amount, for the services of the
Executive Director, the Secretary-Treasurer and the Engineer-. Back in 7~-74, the
Autho=ity paid one-half of the cost of and electrOnic bookkeeping machine and we have
included in our budget this year compensation for a full-time-Executive Director and
and office secretary. ~We feel that we have been slow to move in this regard, but we
feel that it has been justified by the manner in which we ha~e had to build up our
services and build up our jur%sdictional areas and it just could not be done overnight.
This was recognized when we started~ There were also considerable question~ in the
Grand Jury Report on the County's purchase of certain County facilities, their
assumption by the Authority and the loan that was assumed by the Authority. 'Our
answer to that is on the second page of the report. "The County Board of Supervisors,
based upon their own studies and conclusions, purchased several independent systems
(which included Berkeley, Sydnor" and a couple of other systems in the County),they
"built certain lines~, and delegated to the Albemarle County Service Authority the
right to maintain and operate these systems. The oost of these systems was the basis
for the note subsequently assumed by the ...~Authority. The acquisitions and improve-
ment's 'that were authorized" were done so for the following purposes: "1) To provide
an ample supply of water from a c~ntral system to those areas" that were~"inadequately
serviced by wells." We felt very shortly after~ the Authority began that a number of
wells went dry or were not able to provide the necessary water for the areas that we
10-2-74
233
were trying to serve and this was also true in. areas that were not in our jurisdiction
but that were in the areas that thB~County purchased. The second objective, the purchase
of these systems by the County and which were delegated to the Authority to operate was
"tO
~, tie together these services into a workable and economically feasible unit that
would apable of future expansion." We found that when we first looked at the various
systems that were in use in the County prior to the formation of the Service Authority,
that you have a small well with possibly a one-inch line, or two-inch line, inadequate
provision for connections to it, inadequate provisions for fire prevention and it was
the purpose in putting together the area to the north of the City, primarily, to
anticipate a system for the entire area that could be combined into one central system
and it would also provide some degree of specification that could be added to and
worked into a future system. .And third and finally, the County purchased these systems
"to provide a ~defense against the annexation of the urban area." This point has been
dwelled on many times and did enter into the decisions made by the Board of Supervisors
during the period in question. As to repayment of the loan, "the repayment of the
loanU by agreement "is to be made by the Authority when the revenues from these projects
are sufficient to repay the same" this is however "after payment of our operational
and maintenance costs~-:and meeting the existing debt charges the Authority has undertaken
on the present bonded indebtedness." This was in agreement with the Board of Supervisors.
"As to the questionable legality in reference to the loan~, the Code of Virginia," in
several sections provides that the Board of Supervisors has the authority to lend to
the serVice Authority~o~ authorities that it may create, and I won't go into the
sections of the Code from which that is provided. Recently the Board of Supervisors
and the Board of the Service Authority have delegated two members, plUs the Chairman
of each Board to serve as a committee to determine the status of this. loan~and to
review the eventual disposition of it. There were questions with regard to the
engineering studies of~ the Board of Supervisors that presumably assisted the
Service Authority in its planning. This is true. "Back in the mid-sixties, the
Board of Supervisors embarked on" at least one "watershed program" and I think possibly
others. "Water impoundments were built at Beaver Creek, Chris Greene and Totier Lake.
The funding of these projects, including soil conditions, was done. from the General
Fund and was authorized by the Board of Supervisors. There was also some Federal
funding used in the project at Beaver Creek." -The Service Authority certainly does
deny that the water impoundment at Beaver Creek and Totier Lake are a great benefit
to us. These are lakes that are owned by the County, not the Service Authority. We
are fortunate to be able to use the water from them and I believe the money was well
spent by the County in providing not only the water for Service Authority use, but
for the water impoundments and the soil conditioning that was planned through the
development of these lakes. "The planning costs and feas~ility studies of water needs
done by the consulting engineers, such as 29 North" and other feasiibility studies that
may have taken place at that time with regard to the purchase of Berkeley, Sydnor, and
234
10-2-74
so forth "was authorized by the Board of Supervisors" and the Service Authority was
not involved in those~costs. Likewise, "the cost of improvements to those systems,
Sydnor and Commonwealth, purchased by the Board of Supervisors, from the time of ,--~
acquisition to the transfer to the Authority were funded by the Board of Supervisors.
Revenues were County revenues until the fiscal year beginning July, 1972," until they
were taken over By the Authority. My purpose in outlining these items is not to
cri~i~ the Board of Supervisors expense~in these items, but to point out that I
don't feel we can recognize them as grants to the Service Authority when they were
expenses incurred by the Board of Supervisors. "Sewerage studies for the Crozet
and the 29 North corridor were authorized and funded by the Board of Supervisors."
Also in the Grand Jury report was a criticism of the Powell's Creek Plant that was
planned and carried through to the point of obtaining Federal grants to build to
provide a sewer facility on the 29 North corridor. This was part of our major
planning in the late sixties and early seventies to help alleviate the sewer
problems in the northern part of the urban area adjacent to the City. Plans were
completed, authorized, and approved, and prepared to be funded about the time the
Rivanna Authority was created and at that time, all the grants that were allocated
to the Authority and the payment of the design costs and so forth which had been
made by the County were turned over to the Rivanna Authority. They will, hopefully,
have the benefit of the grants that we had obtained. We can't deny that the funds that
were spent by t~e Authority and the~County in preparing these plans and ~design costs
presumably were lost, but maybe some day there will need for a plant on Powell's Creek
and we will be that far down the road, but certainly the fact that by combining with
Rivanna Authority and consolidating the efforts into one total cen~al system on a
bulk-basis the greater number of customers in the City and County can be served on a
long term and certainly we would consider this to be a long term agreement with the
City and County rather than a complete lost as was the implication in the report.
Page 4 of the Grand Jury Report referred to the dealings~of the Service Authority
and primarily Four Seasons development. It referred to several developers but
specif±cally to Four Seasons. In that particular situation,"the developer did make
connections to the water and sewer system there surreptitiously and without proper
became
and timely advice to the Authority." When we/aware of this, we did advise the developer__~
that certain sums were owed to us and because we ~then entered into what amounted to
two court cases in the matter, we entered into a period of time in which we made
charges on monthly water and sewer rent on estimated number of apartments occupied
pending settlement, of the suit. Actually there were two suits. There was a suit by
the Authority against the Four Seasons~'developer and one by him against the Service
Authority. "The terms of the final settlement were made with the approval of the --
Service Authority on ~advice of counsel and reviewed and approved by the Court." The
matter of that settlement is a matter of court record. "The legal ownership of the
system" ~re was some question as to the ownership of this system, but it "was determined
10 _2-74 2 3 5
by the Court based on a letter to the Federal HOusing Administration which dedicated
this system to the Authority" and was accepted by the Court at that time; ~ome question
about collusion between the County and the Service Authority with regard to the purchase
of the systems. "Between 1969 and 1972, the County and the Service Authority both acquired
several systems from developers7';' ~These were in varying degrees of completion~o "Some
had complete systems and customers on them" on which feasibility could be readily
determined; "some had complete systems and no customers and some just had customers
and no system to go with it. The value of the system to the Albemarle County Service
Authority is not determined solely by What we pay for it, but more in the potential
revenue producing ability .of that system." This has been our method of determining
a value of a system or in determining ' whether we are even interested in a system
in previous years, both on the part of the County and the Service Authority, in looking
at systems. "In September, 1973," after this time we discussed before, "the Service
Authority did adopt a policy for the future where we could accept from a developer a
systemonce it was comPletely built and dedicated to us at no expense to the~Authority."
That is our basig policy now. That doesn't mean that we wouldn't look at another
system if something were offered to us or it were a matter of health to some of our been
County residents. Reference has already/made to the possible illegal actions of the
Service Authority in obtaining an FHA loan. I won't go into great detail on it, but
all of the loans and bonds that we have undertaken"have been reviewed and the resolutions
prepared by highly recognized bond Counsel. In the case of the~FHA loan of 1971, legal
they were
counsel of the United States reviewed all the documents"and/also reviewed locally a's
to the projects and physical sites. This review was ordered by Y'a citizen's communication
FHA
that was referred to the congressman as to whether or not the/could make loans on systems
serving urban areas of the County. The loan was found to conform to Federal Statutes
on such loans." A four-party contract has been entered into by the City, the County,
the Board of Supervisors, the Service Authority_.and the newly created Rivanna Authority,
in which "the City agreed to sell to the Albemarle County Service Authority all the
customers that are presently served by the City but which are located in the County,
and the purchase of this system is to be based on an appraisal by two engineering firms."
The studies have been underway for some months. "In order to act on this option, the
Service Authority must have jurisdiction in the areas in which the City presently
serves which are located in the County and based on this condition, the Authority did
request the expansion of the jurisdictional area to include the urban areas that
are adjace~ to the City." This was granted. "The jurisdictional areas were requested
for the watershed involved so as to properly size future line extensions and to serve
as much area by gravity sewage flow as possible." Again, as I referred previously, to
try to provide as large a centra% system and can be operated from one central location
rather than a numberofindividual systems located throughout the County. "Ail juris-
dictional areas requested are acted upon b'y the Albemarle County Service Authority, the
Planning Commission and the Board of Supervisors, in open meetings '-' The Jury Report
236
1012-74
further in Item 15, I believe it was, indicated that the Authority was in error
~by deliberat&%y allowing the overloading of the Berkeley Plant. The overloading
of the Berkeley Plant was done with the full knowledge of the Water Control Board and
the Health Department. As reasons for this overloading we cite that we encountered
"failure of the r~gulatory agencies to 'allow expansion of the plant" previously when
we knew we had problems. Again this had to do with the potential formation of, and
expansion of systems, either to Powell's Creek or the Meadow Creek Plant. SeCondly,
in 1972 "there was a moratorium on all grants which resulted in abandonment of the
Powell's Creek Plant." Thirdly, there were "delays in updating the Meadow Creek Plant
after the creation of the Rivanna Authority." Fourth, during the periods of these
delays there has been "extensive growth in this watershed." As I stated first in this
discussion of these matters, this was done with the full knowledge of the Water Control
Board and the Health Department and we were making "mOnthly reports to the regulatory
the
agencies." Finally the report criti~i~d~!~ Service Authority with regard to the lack
of proper supervision of sewage plants. Our Board feels strongly that during the time
that we operated these plants they did receive proper supervision. In order to assist
us in this, we "sent three operators to sixweek State Water Control Board Schools
to seek training on ~operations. Full-time certified operators were assigned to
operate.~the plants. We did ~a~'-,~ have a problem from "August, 1969, to October, 1972,
when there were three major floods which did hamper operation's.'' But, we feel very
strongly that as to supervisors, that we were not remiss in this matter~.~. It will be
recalled that back several years ago, I have forgotten exactlY when it was done,
there was a proble~ in the Woodbrook Lagoon with regard to odOrs and we did replace
facilities in that system and update it with aerators .and improved the system so that
I believe this does not provide a problem any longer.. Our Board, in summary, wishes
to commend the Board of Supervisors and the County employees we have worked with on
a day-to-day basis an~d the people that have worked for the Authority for their
cooperation, loyalty and attendance to duty during the growing pains that the Service
Authority has endured. As to the Grand Jury Report, the members of the Board feel
that as individuals our honesty has been impugned by this innuendo report. We feel
that we are and have been since formed, a Board that is composed of honorable business-
men and we resent the allegations that were made in the report. We feel it is our
responsibility and not that of County employees to make the final decisions for the
Authority and we feel that in our open, public meetings we have made those decisions.
We would like to wind up by expressing also that we feel it was inconceivable that
the Grand Jury would'make the allegation, s, with regard to the Service Authority,
without ever]~ having called as a witness any member of our Authority or our attorney.
We trust that the matters that are brought to the attention of the Authority and the
Board will receive due study and whe=e there were indications that we need to make
changes in the Authority, I assure you that they will be made and it is our intent
to become self-sufficient as soon as possible. Hopefully, before the end of the year
10-2-74
we will be able to have in our employ, a full-time director and remove that
responsibility from the County people. Thank you.
Wheeler: Thank you Mr. Tremain. I would like to note that the original copy
I do have is signed by Mr. Tremain, Mr. Englander, Mr. Lacy, Mr. Omohundro and Mr.
I
Thompson. A/also note that Mr. Thompson, Mr. Omohundro and Mr. Lacy are present tonight.
Members of the Board do you have questions or comments that you would like to ask
the Service Authority? Mr. Henley?
Henley: No, ~sir.
Wheeler: Mr, Fisher?
Fisher: I would like to ask about the question Of monthly reports that were sent
to the State Water Control Board concerning the Berkeley Plant. Those reports indicate
that it was indeed overloaded beyond its capacity?
Tremain: We knew it was overloaded, yes. I am not certain how they varied
monthly or what the specific report advised them other than it was a monthly report on
the operation of the plant and its overloading was indicated to them. I can get that
information for you, if you want.
Wheeler: Mr. Carwile?
Carwile: No, other than to say that I worked on behalf of the County in negotiating
with the City of Charlottesville on the formation' of the Rivanna Water and Sewer Authority
and as such had certain contacts with the State Water Control Board. I know than at
Sewage
that point in time they were certainly aware that the Berkeley/Treatment Plant.was
overloaded. They had previously declined to let us go ahead with the Bowell's Creek
Plant because they saw the opportunity to achieve a higher goal which was a combination
of
/the City and County sewage systems into a, under common direction of a single authority
or some other agency, and to the extent that when they stopped us from continuing with
the Powell's Creek Plant, I think a necessary implication of it understood by the State
Water Control Board and others that this would result in'the temporary overloading of
the Berkeley Treatment Plant. I know they were aware of it. I know the County was
aware of it,the City was aware of it and the public was aware of it at that time.
Wheeler: Mr. Thacker?
Thacker: No, sir.
Wheeler: Mr. Wood?
Wood: No, sir.
Wheeler: O.K. gentlemen before we ... I would like to turn the letter from Mr.
Merrill over to the Clerk for the record. Before we go down the list of sixteen items,
there happens to be a majority and minority report from the Grand Jury and there is one
part in this minority report that I would like to read: "These.rep'ortsmust.be made
public because it is felt that no useful purpose will be served by submitting a full
report on the various phases of its investigation. The Court is respectfully requested
to continue to hold in secret a four-page report dated May 24, 1974," I think it is
clear to all of us that it would have been, if there was any information in any of those
2 3 8 io-2- 4
reports that are held in secrecy that it would have been to the best advantage of
all of us that they be made public. I certainly have never felt as an elected
official in the County or as a citizen of the County that~holding anything in secrecy ~
is to the best advantage of any of us. I just wanted to make that comment. Can we
start with No. 1. As I stated to you,, Mr. Jones is not available. He will be available
later on to update this Board his purpose and practices. I don't think that this report
even speaks to Mr. Jones procedures, so forth. In Number 1 it says "use of questionable
purchasing procedures prior to the hiring of a purchasing agent; e.g., awarding contracts ~
without following proper bidding procedures and purchasing from certain vendors who
were neither low bidders, nor able to supply the material specified in the order." I
would ask the staff to respond to this. Mr. Batchetor?
Batchelor: "On coming to Albemarle County there were no written purchasing procedures.
Some past purchasing procedures were being followed and some were not being followed.
A Purchasing Manual was written, printed, distributed and utilized. The procedures
that we have used have always been acceptable purchasing procedures and have been under
the scrutiny of auditors each year. We have continued to try to improve the purchasing
procedures throughout the years. This has resulted in the hiring of a purchasing agent
for Albemarle County. If we did not believe that we could have better specifications,
better quality control and better prices, we would not have recommended, or do we
believe the Board of Supervisors would have aut~horized the hiring of a purchasing ~
(agent). Professional services, such as for architectural, engineering and surveying ~
services, are not obtained by bid since those bodies preclude such in their respective
canon of ethics. Such services are alloted by the agency desiring a service to the
professional who in the opinion of the agency is properly qualified to perform the work
in the time schedule desired."
Wheeler: Gentlemen, do you have questions, or do you want to make comments on
purchasing procedures. I will start Mr. Wood.
Wood: I don't have any Mr. Chairman. I think this first one is going to be
repetitious all the way through. What was wrong? Who did wrong? What contractor
was awarded something without being low bidder? This type of thing. I can't see the
revelance of the thing. When I was before the Grand Jury the day before they disbanded
this is the same type of thing that was pointed out them. It's a general allegation
that anybody could make. Certainly anybody could make without spending hundreds of i1
thousands of dollars over a year and a half in an investigation without~.coming up with
a generality. I don't see the revelance of it.
Wheeler: Mr. Thacker, I know that since you have been on the Board we have asked
you, I know Board members have asked you certainly to scrutinize any contracts that have ~
anything to do with any building, not only for the School Board, do you have comments _~
or questions?
Thackeri I really have no specific question, Mr. Chairman. I would have to agree
with Mr. Wood that this could cover a great deal of time and a large number of transac.tions
10-2-74
7
239
and I would think that with some specific information the proper answers could be made.
I would say that in the past several years since I have served on this Board I think
every contract that has come, certainly to the Board of Supervisors, has been handled
in a most proper and ethical manner, whether it be a construction contract or a
professional contract and I have no knowledge of any contractual item that was not
handled properly. I have no f~ther comment.
Wheeler: Mr. Carwile?
Carwile: I would sort of take it fromthe way this' paragraph~is worded that what
the Grand Jury is really referring to is probably contracts that come before this Board
but routine contracts such as purchase of supplies, inventories, things of that nature.
They speak in terms of matters which occurred prior to the hiring of a purchasing agent.
few
There are very/contracts this Board itself acts upon. They go through the purchasing
department as such. I don't off'hand know how many purchase orders the County puts out
in a year, although it is probably in excess of several thousand. I can forsee that in
dealing in that type of volume and I will preface that comment by saying that it probably
can be conceded that prior to the time of having .a purcha~sing agent for the County, we
had no one who was really qualified to write specifications, as Such, for what we were
purchasing, as a general rule, and without having detailed and specific specifications
I can easily forsee that some of the people you might haV&~v bidding on a general item
or general order ... who might be low bidder, the particular quality of their product
or some aspect of it might not be what the 'County was looking for, whether it be tires
or any other item. If such a practice has occurred by design, I think it should be
condemned, but I don't think it should be condemned merely because there have been
instances where people, other than the low bidder, have been awarded contracts. I think
in many instances there can be a very valid reason for that.
Wheeler: Mr. Fisher?
Fisher: This is speaking to events that presumably occurred before Mr. Jones took
over as purchasing (agent). In one way it is agreeing that the hiring of a purchasing
(agent) was~a good thing. I have to admit publicly that preliminary budgets that we
had after I got on the Board included a purchasing (agent) before~I was ready to vote
for one because I wasn't that convinced that we needed one and I did not support it.
I think after we decided to do that at a later time that we realized we did need someone
who could handle this sort of problem, work with it, draw up specifications, get
competitive bids, and try to look after the best interests, of the County citizens by
trying to get the best value. I wish, again, that we had some specifics here about
contracts that were awarded to so and so, at such and such a time. I would be willing
to investigate those and find out for myself whether I thought those were good or bad
things, but there is no way that I see that we can look through every contract and every
purchase that has been made in all the years that this County has bought things prior
to the hiring of a purchasing (agent).
Wheeler: Mr. Henley?
2 4 0 lO- - 4
make
Henley: I'm~go±ng~t~ a statement that is going to apply to a lot of these.
I guess we will be accused~of sweeping some of this under the door, but I don't think
the Grand Jury attached much importance to this in the vague way they wrote it. I
think they swept it under the door themselves. If there was anything that bad.'they
would certainly have said so, so I don't think there is anything to this one.
Wheeler: Mr. Batchelor, might I ask? Before we hired a purchasing (agent)
what was the, could you give me an estimate of the number of purchases per year?
Batchelor: There were over 3,000 a year, sir.
Wheeler: Just, let me make, because this was one of the questions that when I
appeared before the Grand Jury, that had to do with the hiring of a purchasing (agent)
and why wasn't a purchasing (agent) hired sooner? My comments were somewhat along.the
lines of Mr. Fisher. It was recommended by Mr. Batchelor, the County Executive, and-
by the staff members for several years that we include a purchasing(agent)as part of
our budget. I want the citizens of this County to understand that at budget time,
and we Will be coming to that budget pretty soon, it won't be long,~ right after the
first of the year, that this Board iS faced with any number of requests. At the same
time, and please read your papers and listen to your radios, some of you will be
participating in making those comments. We get the word, please hold our taxes down,
times are tight. So we have requests on one hand, we have requests on the other hand
to hold things down. That was my comment to the Grand Jury and I must say that I
looked straight at the Foreman because during our budget hearings, there have been
certain groups in the County which have appeared before the Board and asked that we,
right down the line, cut the School budget 20% and cut everything in the County 20%.
Ladies and gent]mmen, you can't cut 20% and hire people. You can't talk out of both
sides of your mouth. You either support putting people on the roles, or you don't
support putting people on the roles. You don't cut 20% and support .hiring a purchasing
(agent). Now, I would be the first one to-say that maybe in trying to be conservative
this Board, and prior Boards, slippeg over hiring a purchasing (agent). I can say now,
looking back with this wonderful hindsight that I have, that we should probably have
hired a purchasing (agent) much sooner, but we didn't. We did what we thought was
best at the time. I agree with Mr. Fisher. I think that we have corrected any error
that might have been in the purchasing department. If anyone would bring any facts
to me of any illegal purchases, I am ready to take action, but until that time I am
through with it.
Wood: Who did you look straight at?
Wheeler: At the Foreman of the Grand Jury.
Wood: And who was that?
Wheeler: Mr. Robert Merrill.
cut
Wood: And who was in here requesting a 20%/across-the-board? I think it was one'
and the same and it needs to be pointed out.
Wheeler: O.K. Let's go to No. 2 gentlemen. "Preferential treatment shown in the
10-2-74
241
selling of county surplus vehicles with the resultant loss of revenue to the county."
Batchelor: "The County has been selling at public a~tion sales all County vehicles.
Those times that they were made in private sales were because public auctions did not
have either enough interest or money. In all cases for the condition of the automobiles,
they have brought what has been considered above average prices. We have received no
complaint from anyone that they felt the County could have gotten more money for these
vehicles. In fact, the opposite is true. We have had several comments that the. County
got more than the vehicles were worth. Our buying and selling procedures were copied
by other localities as our system saved the County many hundred of dollars over the
previously used method.'~'
Wheeler: Mr. Batchelor, let me ask a question, I believe that since I have been
on the Board, at one time we had a policy whereby we tried to replace the cars each year.
Hasn't it been true that most of those cars were sold at public auction?
Batchelor: Yes sir, all but seven, I believe. They didn't bring the prices we
thought. We were going to resell them and the market dropped off. The automobiles
were in very bad condition, we sold them, we called up and received some prices and got
what we thought was the highest dollar for them.
Wheeler: Can you tell us who you sold them to?
Batchelor: I believe those were sold to Grant Cosner for salvage value of the
automobiles.
Fisher: Did you ask for bids from other potential purchasers?
Batchelor: I believe we did call some other~people around, except we finally
found ~hat we thought we ought to get for them and we said alright, here they are.
Mr. Cosner took them at that price.
at
Wheeler: When is the last time we had a sale/bid?
Batchelor: July.
Wheeler: That was handled by Mr. Jones?
Batchelor: Handled by Mr. Jones in ~e~y;~the same procedures that we had used before
and all of them were sold at public auction at that time.
Wheeler: Mr. Henley, do you have a question?
Henley: No.
Wheeler: Mr. Fisher?
Fisher: No.
Wheeler: Mr. Carwile?
Carwile: No, sir.
Wheeler: Mr. Thacker?
Thacker: No, sir.
Wheeler: Mr. Wood?
Wood: Other than to say that I personally experienced a public auction when it
has been held and have been amazed that you can take a car that has been abused and
used, with the mileage that these cars had on them and still get the prices on them
242
10-2-74
that people would pay for them in front of the Courthouse. I have seen County vehicles
sold at public auction in front of this Courthouse that you could go on a used car
lot and buy for $500 less.
Wheeler: I think this much should be said about it so that it will be clearly
understood. At.~ these public auction sales where County property are sold, members of
this Board, County employees and commission members are not allowed to purchase thos'~c~
vehi~'c'les~. That has been a clear policy that to my knowledge be~n~.~anyon'e purchased,
certainly I would like to purchase some, sometime.
Batchelor: Mr. Chairman, there.was one occasion when a County employee did bid
on and there were high bidder and the bid was rejected. It wasn't a County employee
but the husband of a County employee and they were told that they could not buy a
car and the County was selling the vehicle~,~ and it was subsequently sold at the next
public auction.
Wheeler: O.K. Let!s move on if you don't have anything else.
Fisher: I want to ask one more question. You are saying that no vehicle was ever
sold directly to an individual at any time
Batchelor: Except for those seven.
Fisher: Except for those seven that went to a dealer after you established a value?
Batchelor: What we thought was a good value, and offered them for sale.
Wheeler: Prior to that they had been offered at public auction?
Batchelor: Yes, sir.
Wheeler: O. K. No. 3. "Lack of proper criteria for promotions and salary
increases in county departments and unusually large increases of up to 70% for some
employees with consequent lowering of morale among other employees."
Batchelor: "We know of no employe~ who has received a 70% increase in salary and
do not know of any lowering of morale that has effected the County operation due to
promotion or salary increases for employees. Again, if there were not a need for a
better system of promotion and salary increases, the staff would not have Seen the
necessity some years ago for a classification and pay system for County employees which
is currently before the Board of Supervisors."
Wheeler: Let me make some comments on this. I have had right much of an eagle
eye on the budget~for the seven years that I have been on the Board. I don't think
anyone has received 70% on those salaries I went over. It is true the salaries the
school people, school employees and school teachers are set by the School Board. I
have looked those over and to my knowledge I would like to knoW who got a 70% increase.
It seems to me in this particular case it would have been very simple for somebody
have sent us a little message saying this employee received a 70% inc~ase and would
to
you look into it. That is very simple. ~entlemen, do you have any questions on this?
Mr. Henley?
Henley: Well ~.my fi~t statement still goes for that.
10-2-74
243
Wheeler: Mr. Fisher?
Fisher: Well this is another of those things that this classification system
ahdpay scale were things that the staff has been after us to adopt for some time~and
I have been reluctant to do but. we have finally had a study made and~ developed a
second go at a classification system and I think it is a good thing now. Again, maybe
we should have supported it a little soon, I'm not sure.
Mr. Carwile?
I agree with Mr. Fisher.
Mr. Thacker?
Wheeler:
Carwile:
Wheeler:
Thacker:
Wheeler:
Wood: No.
Wheeler:
Mr. Wood?
O.K. No. 4. "A county-sponsored "training session" which not only
failed in its purpose, but caused embarrassment and dissension among'employees."
Let me state before we get into this. This speaks to, and I discussed this with the
Grand Jury, this speaks to a training session in Roanoke in August, 1953. I want it
plainly understood that this Board is interested in the County employees when they are
working for the CoUnty and we are only interested in what went on in that training session.
What people do when they are at home on their own time is their business so long as it
is within the laws of this County, this State, and this Nation. It is not in the
providence and will not be in the providence that we are a GeStapo that goes into homes
to see what County employees are doing. This is not the policy of this Board now
or it won't be in the future. Who is going to speak on this?
Batchelor: Miss Godsey will speak on this.
Page Godsey: "Since November, 1972, the County has sponsored a series of Management
by Objectives training seminars for the County staff. These programs have been funded
through the Intergovernmental Personnel Act. The State Office of Training Programs
and the Public Executive Institute Technical Advisory Committee (composed of represent-
atives of Virginia public institutions of higher education) have assisted in planning
and evaluating all sessions. These training programs have helped depeartment heads
and other staff members to improve their management skills and techniques~'~ Special
emphasis has been placed on learning to work as a unified, coordinated team and on
conducting group problem-solving sessions. Some of you gentlemen On the Board of
Supervisors have .individually participated in problem-solving sessions with the staff
and have seen techniques for more effective problem solving put into use. We believe
that the Management by Objectives training has been a success and in 1974 the County
received an Achievement Award from the National Association of Counties for these
training programs.
To review how the staff members who participated in each session felt about the
training, we have obtained from the State Office of Training the evaluation forms which
were completed by individual participants. These evaluations were completed one to two
X ~ ~
2 4 lO-2 74
weeks after each training session. They were submitted directly to the State Office
of Training anonymously and therefore offered any participant the freedom to express
his/her true feelings. We invite you to review these evaluations. We find no
expression of embarrassment or dissension.
Our management development program has been so successful that the Virginia County
administrators have embarked upon a program which parallels the work in this field
that we have done. In June, over fifty county administrators went through a 2~-'day
program modeled after the Albemarle success. In July, the National Association of
County Administrators had a similar program modeled after Albemarle's and the
Virginia County Program. Both of the Programs, the State and the National, were
highly successful and the Virginia Administrators are having a follow-up session at
the end of this month that sixty administrators have signed up for. A program is
currently being planned for the administrators across the Nation to.participate in."
Wheeler: Mr. Simms, I would like for you to tell the Board about this training
session Which I believe you attended in Roanoke around the first of August, 1973.
Would you tell us what was taken up and what your estimation of that particular
training session?
Simms: Mr. Wheeler, I think I have attended every training session which the
County has had~since the first one. I believewe had the first one in Williamsburg.
I had the pleasure and the opportunity to attend this one in Roanoke. I think, I know
that.I got more out of this session than any session I have attended since the beginning
of them. In talking to many of the people who attended this session, I got the same
feeling from them, that they also got a lot out of this session. I think it was one
of the best sessions or I got more out of it than any session I attended.
Wheeler: Could I ask you this question, Mr. Simms? As head of our assessing
department, was:~it beneficial to you in the handling of your department?
Simms: Yes sir_it was and I think it was two or three members of my department
attended the same session. They came back with the realization Of just what the
session had meant and what it meant to the County, what it meant to the employees.
It got the pBoPle closer together and they came out with-common understanding in settling
their problems and I think this is what these sessions were for.
Wheeler: Mr~ Jones, I think you attended that session. I would like to hear
your comments.
Ray Jones: I attended four out of the five. I think Mr. Simms summarized it.
It was the most constructive. Itwas the one that all of the people there participated
the best Of any that I did attend. I think the instructor made a comment to me one
time while we were up there that it was unusual for him to have to.teach the boss and
the employees all in the same class and he was very favorable as to how they responded
in my presence and also in the projects and assignments that they did have.
Wheeler: O.K. gentlemen, do you have any questions? Mr. Wood?
Wood: Mr. Chairman, I don't have any questions but that day that the Grand Jury
10-2-74
2q5
called me in to inform me of these sixteen items, I remember this question and the
Foreman, or Mr. Merrill, asked me if I knew about it. I told him I did. He asked me
if I voted to approve the $6,000 for the session. It told him I had~and I would do
it again if it was up. He asked me if it was beneficial to the County. I told him
that in my mind it was of great benefit to the County. He informed me that he thought
otherwise, it was not_worth $6,000 to the County. He informed me that were this had
come about as from two disgruntled ex-employees of the County who had complained about
this session. I had to inform~him that I had never fired anybody from my organization
that went out and said good things about me. And if somebody became unhappy and left
the organization they never went around town telling anybody what a good guy I was. I
think if the Grand Jury is basing their reasoning on this No. 4 and many of these other
general allegations on the fact of ex-emp~yees or employees that left the~County because
they have become disgruntled, I can't put much faith in that kind of reasoning. Probably
to go about it would be to take the positive approach that the County employees have now
and the real benefit that was derived from it. I just can't imagine, heme again and it
boils back in my mind, of spending hundreds of thousands .of dollars that the Grand Jury
has caused to be spent, and then base their final report on allegations of ex-employees
or disgruntled employees. It just does not sit well with me.
Wheeler: Mr. Thacker?
in
Thacker: Mr. Chairman,/one of my conversatio~ with the Grand Jury, the members of
the Grand Jury indicated to me that the County had conducted some sensitivity training~
sessions. Since this is the only training session referred to in their report, I assume
this is what they are talking about. I had never heard of any such training sessions and
I would like to ask the staff members prese.nt if in fact any sensitivity training sessions,
as such, were ever held by this County.
Batchelor: Mr. Thacker, I can answer that. When we first got into this, the PIETAC
group has to set up the criteria for .... I made it perfectly clear to the PIETAC people,
to the trainer that was selected, that Albemarle County staff would not get close to
sensitivity. If they approached sensitivity training, I would take the employees, bag
and baggage, pack up and go home. I am not too sure that people who are asking about
sens±t±v±ty sess±ons are r ally fam±l±ar w±th what sens±t±v±ty sess±ons are. D±rectly
to your quest±ohs, we have not had any sens±t±v±ty sess±ons. We have not even
verged on sens±t±v±ty sess±ons. Our sess±ons are management sess±ons. They are
object±ve sess±ons. They are sess±ons of organ±zat±on development. I even went so far
as to ask the d±rector of Our Welfare Depar~aent ±f they .are any of the±r emploYees
had attended a sens±t±v±ty sess±on or anyth±ng close to'a sens±t±v±ty sess±on through
one of the State programs. They have not. The.closest th±rig they have gotten to a
sens±t±v±ty sess±on was a program on sex edUcat±on that was put on by the Presbyter±an
Church, the Zero ?opulat±o~ group, and the State Welfare Department. That Ks a !ong
way from sensitivity.
Wheeler: Mr. Carwile?
246
10-21-74
Carwile- No, sir. I think that some of this information that is in this
packet from Mr. Batchelor, that is from the State, which evaluated it is very
interesting. It gives, in terms of the staff's own anonymous evaluation of the
session over there, and Mr. Wood mentioned the cost of I think $6,000. I don't know
substantially all, if
that that is what the cost was but as I understand it/not all of the actual cost was
Personnel
paid for by the Federal Government under the Intergovernmental/Training Act.
Wheeler: I believe that $6,000 was what we had in the budget for the year for
training. Is that correct?
Batchelor: Yes, sir. An awful lot of the money that is budgeted in the County's
part, some of it is for matching funds for this, I think we matched breakfast and $200.
But, most of that went for sessions that our own staff employees had to attend pursuant
to State law.
Wheeler: Mr. Fisher?
Fisher: I think the question about sensitivity training was the.one the Grand Jury
seemed to be the most concerned about, although they didn't say anything about it in
their report. I take it that the staff was saying categorically that nothing like
that has occurred.
Batchelor: Categorically.
Carwile: I would just like to add one more thing. Mr. Fisher stated that that
seemed to be the thing they were most concerned about and I would have to go along with
that.
Wood:~ Can'I ask? Of any of you folks that were called before the Grand Jury,
did they ask you this question or any question pertaining to this?
Batchelor: No, sir.
Wood: If they never asked any questions of the people who appeared before them,
and the allegation is here, it is pretty obvious that they based this on what an
ex-employee has said. I Can't believe, they didn't ask you all a single question
about this? Nobody over ~here that has appeared before the Grand Jury
Ray Jones: I think they did ask me, but it was a sensitivity training
session ....
Wood: Looks like they had their minds made uP, then, doesn't it?
Wheeler: Mr. Henley?
Henley: No.
Wheeler: Let me speak a few minutes on training sessions. I think it should be
recognized and I want ~he citizens of the County to have the facts that not only did
the staff of this County participate in training sessions, but members sitting at this
table participate in training sessions in that we attend the Virginia Association of
Counties meetings, legislative conferences, we attend the National Association of
Counties legislative conference and seminars. Granted, some we get a lot out of, others
are not as good. Now, we can't stay at home and say we are not going because this one may
not be as good as the other. We gain a lot of knowledge. One, in contacting and talking
10-2-74 - '
247
to other County officials, not only in Virginia, but throughout the nation. We discuss
how they run their counties,~ how they make decisions, what do they do. I find it is
beneficial to me in making decisions. I have to admit that when I discussed this training
program with the Grand Jury, I must be too much of a country boy, I didn't even know
what they were talking about when they said sensitivity training. I hope I can get
enrolled sometime. It sounds very interesting. But, they will have to give me a
little bit more about it. Maybe I am not as sharp.about some of those things as I
should be.
~_~Batchelor: Mr. Chairman, I have just been reminded by one of the staff members
that the Governor took his staff, his cabinet, and used the same trainer he did for the
same programs that ~e had.
Wheeler: O.K. No. 5. You have?
Thacker: Yes, I would like to make one other comment. This apparently, this
particular seminar, I assume this was the one held August 8th through 10th, 1973,
and the overall goal and I quote from a statement that I presume was presented by the
Division of State Planning and Community Affairs: "This seminar is designed to help
managers in understanding the special problems and difficulties in working and
communicating with each other. It deals with'the process of working in small groups
and will provide techniques'for individual improvement. Each manager will better
appreciate each others job." There were a number of local participants involved in
this and apparently these anonymous program evaluations are the ones that Miss Godsey
referred to earlier. In glancing through them hurriedly, I didn't even count them but
there must be between 20 and 30 that participated in this,.it seems as though everyone
was highly complimentary of the program with the exception of two. O~e who did not
like the use of vulgarity in the seminar and another who didn't like he instructor,
with the general comment that "I think he could use a lot of help,, hether these are
the two that are referred to by the Grand Jury, I have no idea, hut t~.at seems to be the
only negative comment on those evaluation reports.
Wheeler: O.K. Let's go to No. 5. "The questionable legality of the use of the
County Executive of'special license plates registered to the Sheriff's Department."
Batchelor: "The automobit~ license plates, are not licenses throl.gh the Sheriff's
department. The automobile does have standard license plRtes.. This .tame complaint
was made last year to the Board of Supervisors by Mr. Merrill and the Board is aware
of this situation."
Wood: Who is it licensed to?
Batchelor: It is licensed to Albemarle County.
Wheeler: Has it ever been licensed to the Sheriff's Department?
Batchelor: Yes, sir. On, I don't know how many years, it was, it had been utilized
and was at the disposal of the Sheriff's Department. It did go through their recordation
for protection-of any deputies who might be using it at the time. There have been years,
including this year, that it was not recorded through there. They now have two vehicles
10-2-74
that have license plates. In the past they have only had one. They have two, and
they no longer need to have mine at their disposal. It is, though, at their disposal.
Wood: How long has it been since it was licensed in the Sheriff's Department?
Batchelor: I believe last year it was. This year it.is not. The~e ha~e~-it~'~s
been different jumps as they have needed it and they felt there was a need, there is
no advantage or disadvantage to having it licensed through the Sheriff's office. The
County does not have to pay the $15.00. We p~ay itl and the State reimburses us that
$15.00. The advantage is that if a deputy sheriff is using a State... plate, in plain
clothes, someone who has access to a teletype cannot teletyp~ DMV and have it come back
that this is registered to Albem~rle County and they would know it was a governmental
employee that has a car.
Wheeler: Mr. Fisher?
Fisher: What kind of a license plate do you have?
Batchelor: Just a plain, ordinary, State of Virginia license plate.
Fisher: Not a municipal license tag.~
Batchelor: Do not have a public use tag on it.
Fisher: Why not?
Batchelor: There are certain advantages. When I, or one of the staff members,
and they have used it, want to go out and cheCk on complaints, whether it be a dog
complaint, or to see about street lighting, you get out in a public use tag and
in some of the neighborhoods, especially some of the ones that Mr. Wood has, you will
go out there and I will tell you that the whole neighborhood will be there and you
cannot find out anything without having a debate, if it's a~neighborhood arguing about
a street light or a dog you will have all the neighborhood out there and'you have
bought yourself a long conversation.
Fisher: I might disagree with you. I don't know how often you have'to use your
car for such purposes...
Batchelor: It's used...
Fisher: but, there has been so much controversy over your license plate for so
long that I am tired of it. I just feel like...
Batchelor: I think the controversy is from the same peopla all the time.
Wheeler: Mr. Henley, do you have any questions or comments on this?
Henley: No.
Wheeler: Mr. Carwile?
Carwile: No, sir.
Wheeler: Mr. ThaCker?
Thacker: No sir
Wheeler: Mr. Wood?
Wood: Other than to say that when they asked me this question, I answered it..and
just because they didn't agree with my answer I guess is the reason they went on and put
it in here, but I can state one example where it saves you thousands and thousands,the
2 4 9
County thousands and thousands of dollars~ That is, when we were purchasing l~nd to
build schools on, or we were looking for a landfill site. Let ~me tell you, if you
want to see a price go from $500 an acre for a school site as an example~ up here
in Western Albemarle when we were looking for sites up there, you pull up there with
a County car and County employees and let the word get out in that community that we
looking for 40 acres here to build a school on, all of a sudden that land is not
worth $800 an acre, it's worth $10,000 an acre. So that is one of the reasons I think
we should continue on the same lines that we have and I told this to the Grand Jury. get
We negotiated for almost a year for a tract of land up there before we Could/it back
down to what the appraised value of it was, just for the~purpose of putting a school
on it. I think it does have benefit to have a license plate like that on a County car.
seven
Wheeler: Here again, ladies and gentlemen, i~i'PtheZ years that I have been on the
Board, this has come up every year as to this license. Also, over the years, it has
come up, who do you allow to take cars home at night. Now, our policy on that is that
those employees who are on call, on 24-hour duty, takes cars home. We have the list.
Now, as you can see, the difference of opinion as to this license, this will be settled
the same way we settle everything else, by a majority vot~ and when we take it up after
the first of the year, the majority decision of this Board will determine what license
goes on that car. That is the responsibility of an elected official. It is not the
responsibility of anyone else and we will take care of ±t.~ That is how simple it is.
O.K. Gentlemen, No. 6~ I2 think we have already taken up.Unless we want to state
something further, I will just .... O. K. No. 7. "Zoning violations not properly acted
upon by county officials." Who is speaking? O.K., Mr. Humphrey.
John Humphrey: "The Planning and Zoning Office~is not aware of these alluded to
violations as presented in the report. Ail violations found by the inspection office
and those called in by phone, or submitted by letter, are investigated thoroughly. The
facts are obtained with reference thereto and the persons causing the violation are
notified and directed to show cause they they should not be cited for violation.
Anayls±s of the~situation is made by the zoning administrator with consultation with
the County Attorney and the County Planner. The Zoning Adminstrator then attempts to
assist the alleged violator in complying with the ordinances in which he may be in
violation.
"If a person cannot comply with the directive of the Zoning Administrator within
a specified time, extensions when warranted may be granted. Such things as bad
weather, inability to get contracts with persons to make corrections, etc., have been
causes to extend time involved in correcting violations. However, if the person
creating the violation refuses to make a bona fide effort to correct the measure, then
it is turned over to the Commonwealth Attorney's office for appropriate action.
"The County Planner has been before the Board of Supervisors over the year, rand
asked what direction the Board wished the Planning and Zoning Office to follow with
reference to violations of the Zoning Ordinance. He was directed by the Board tO do
250
10~2-74
near future.
Wheeler:
Carwile:
Wheeler:
Thacker:
Mr. Carwile?
No, not at this time.
Mr. Thacker?
No, sir.
(of the Board)
Wheeler: Gentlemen/and ladies and gentlemen, I would like to make some comments
about this and this dates back to before some of the members of this present Board, goes
back to our original zoning when we passed our original zoning in 1968. I don't believe
that during those years that enforcement of some of those zoning regulations has gone
fast enough to suit me and I have expressed my dissatisfaction. I can remember a
time when' the Board moved with ... and we found that we made an error. Mr. St. John's
office and his client and I extended an apology for this. Board, so it can work both
ways, but I think Mr. Fisher has touched on it. We all have expressed our concern about
the ordinances, that they be enforced fairly and justly. I think that we just passed
the new Subdivision Ordinance.~ We set a deadline for February 1st to pass our new
Zoning Ordinance. I think we need to accomplish that and then to shore up our
of this County
enforcement.~ I think we will do that. We recognize, I want the citizens/to know"that
we sometimes see deficiencies. We.recognize them and this Board is on record in making
efforts to correct those deficiencies. I think that's what, all we can do. I think
that is what the citizens eXPect us to. do. I do not know what they are talking about in
ail that they could to bring a person in compliance with the ordinance before going
to court or issuing a warrant for their arrest. This approach has advantages over
immediately issuing warrants for peoples' arrest. Many times the facts in cases may
not be as they were alleged or appeared to be on the surface. In many instances citizens l l
have not known of the regulations which, with effort on their part, they have complied
with all laws." Mr. Chairman, I believe, No. 8, refers also in part to planning.
Wheeler: I don't know that we need go into No. 8. Let's just take~.up this right
now. O.K. Gentlemen, you have questions Or comments under this. I will start with
Mr. Henley again.
Henley~ I know we have referred a lot of these zoning violations to the Common-
wealth's Attorney and no action was taken. I don't know who is at fault.
Wheeler: Mr. Fisher?
Fisher: I must say that there have been a number of times when I felt, I have
felt that the Planning Office has gone out its way to try to bring people in eompliance
with the ordinances and there have been other times when violations have continued for
considerable number of months without prosecUtion and I have.been concerned about this.
I am particularly concerned about it now in relation to the Soil Erosion Ordinance.
These are not particular comments that the Grand Jury made, but I do feel like we need
to have a very good look at how the Soil Erosion Ordinance.is being administered, where
the responsibility for enforcement lie, and whether or not they are being utilized. This--]
may not be the proper forum for thfat, but I think we do need to take that up in the very
10-2-74
251
this report, but without even seeing the report I realize that we have some
deficiencies, I think and I think we will straighten them out, but I do think that
we have to first pass the Zoning Ordinance and let's get down, Mr. Fisher, I will
certainly join with you and other Board members in shoring-~up our investigation and
certainly any prosecution of those who do not carry out the provisions of our Zoning
Ordinance. I think the Board is dedicated to that and I shall state to the citizens of
the County tonight that we will_carry it out. _Do we need to, gentlemen, take up
Number 8.? I might state that this went through a two-day trial where testimony was
given,~.., statement to the citizens of this County, do we want to go any further with
this?
I don't think we need,
Thacker: Mr. Chairman,/my personal feeling is there is no need to further with
that 'port±On ~of it. I think it also speaks to allowing construction to proceed without
filing site plans and perhaps wasn't brought out during that ... Maybe, we could...
Wheeler: O.K. Mr. Humphrey would you like to speak to that?- Just to the site
plan part.
Humphrey: Mr. Chairman, the staff, and when I say staff we.have questioned the
members of the staff "We do not know of any such instances as allowing construction to
proceed without the filing of site plans. If there were such occurences, then it was
without our knowledge or the construction did not require the filing of a site plan.
What is a violation in some people's mind may not be a violation according to the law."
I think it is pretty clear,
Wheeler: /Mr. Humphrey~to you and to your department that we do want site plans
filed in accordance with our ordinances. Mr. Thacker, you have any comments on this?
Thacker:
Wheeler:
Carwile:
Wheeler:
Fisher:
Wheeler:
site plans, we will carry it out. We'have gone down through No. 8.
two-minute break and then we will take up the next eight.
No, sir.
Mr. Carwile?
No, sir.
Mr. Fisher?
No. I don't know what they are talking about.
Nor do I, but I think gentlemen we agreed that the ordinance covering the
Can we take a
Wheeler: O.K. Gentlemen, let's go to No. 9. "Allowing buildings to be occupied
without having the builder file the required certificate of occupancy."
Humphrey: "The County Planner has been before the Board stating that there were
problems in enforcing the requirement of a certificate of occupancy before habitation of
a structure due to lack of personnel. It has been a problem, but since September, 1973,
we have had the mechanism to assist in.the proper enforcement of this requirement."
Here we~' are referring to the recently adopted Uniform Building.Code which, if it is
the wishes of the Board, I will let Mr. Hartwell Clarke explain that at this time.
Wheeler: O. K., Mr. Clarke.
Clarke: Since September, the procedure has been as follows:
10-2-74
252
"l.
o
o
Building Inspector makes' his final inspection and gives the secretary
his copy of the permit.
Secretary checks with the plumbing and electrical inspectors to see
if they have made their final inspections (where applicable).
If all the inspections have been done, the secretary pulls the permit
folder and fills in the certificate of occupancy form with the
inspections that have been made. The inspectors initial the certificate
of occupancy themselves.
The Health Department is contacted to see if final septic system approval
has been granted.
If everything is cleared, the certificate of occupancy is given to the
Zoning Department to make their final inspection.
When Zoning returns the certificane, the secretary makes a double
check to see that the contractor and subcontractors are properly
licensed.
When everything is in order, the certificate of occupancy is given
to the Building,Official for his final okay.
.8.
The certificate of occupancy ~s then sent ~to the owner of the structure,
after marking our records of the date of issuance and making a copy
for the permit folder."
Wheeler: O.K. Questions, gentlemen? Mr. Henley?
Henley: No, sir.
Wheeler: Mr. Fisher?
Fisher: There have been some other things that the staff has proposed to try
to improve the control over making sure all the proper zoning matters have been taken
care of and I ended up sPending a day in Richmond last year lobbying before the House
Committee-trying to get the staff recommendations made into new legislation. That was
defeated, but in working together with an.official from the Blue Ridge Home Builde=s
we were able to come up with a proposal that we think will be better. I think that
is still in the works, is it not Mr Humphrey? Allowing a bond to be put up for the
completion of certain things so that occupancy would not be withheld when the work to
be performed was minor.
Humphrey: That is right, Mr. Fisher. I believe that comes up next week before
the Board.
Fisher:
certainly
So there have been attempts/over the last two years trying to improve
control here and to make sure.that the Zoning Ordinance is being followed. This looks
like ~enough control right here that by the time a man gets this~, he has done his
homework.
Humphrey: I would like to add, Mr. Fisher, also that while at the zoning stage,
the Zoning Adminstrator is checking to see if grading plans are required and so ...
if at that level that no~hing has been done to ... comply with. That is an.administrative
procedure to implement that ...
Wheeler: Are you finished Mr. Fisher?
Carwile: No, sir.
Mr. Carwile?
Wheeler: Mr. Thacker?
Thacker: No questions, Mr. Chairman, but I have.one comment. ~ I think this is simply
again a case of having problems, recognizing these problems and acting to see that these
10-2-74 2 5 3
problems are eliminated. Much of this particular problem has been eliminated through
the enactment of the Uniform State-wide Building Code and the adoption of the BOCA
Building Code and the institution of a zoning inspections department~in the County.
Wheeler: Mr. Wood?
Wood:. I don't have any comments.
Wheeler: I think we all clearly recognize that m~Aiw~.the State Building Code went
into effect in September, 1973, our Building Inspections ~epartment has been organized
under Mr. Hartwell Clarke, that our control~'over buildings and inspections, and so forth
in Albemarle County, we certainly can appreciate the control and work done by Mr. Clarke's
office. I would just like to remind the citizens of Albemarle County a little
something about this Building Code. I would like to state that it taught me a little
political lesson and almost kept me from being here. In 1967, the County of Alhemarle
was considering a county ordinance in the building code. I had gotten through the
primary and was getting ready to go to the fall general election. At that time, the
Board had before it a proposed building ~-code. In checking with the members, they
indicated to me that they did not believe at that particular time that they would?pass
a building code. I felt it probably would be in the best interests of the citizens
of the County although it's a touchy situation, a lot of people don't want their
property inspected, so I did not take a position. Thought I would walk down the
middle of the road. I went to St. Louis to the World Series. While I was gone my
opponent took the position opposing the building code'. Got a petition with almost
2,000 names on it, including my brother, my brother-in-law, ... and~,~everyone in the
Rivanna District, and believe me I took a stand pretty ,quick. After all, in a political
race, you make an effort to represent your constitutents. I did not think it was a
wise decision, but it was the decision that had to be made at that time. I certainly
supported the State passing a building code'and you ,.. see it and I hope the citizens
of the County recognize the goo.d it is doing. I just wanted to give you that little
history of Albemarle County.
Fisher: I think in fairness, that until about a year ago, certificates of
occupancy were not required. There was no mechanism. It wasn't that particular people
weren't getting them, essentially nobody got them. I think that the County was remiss
in not having worked harder to get that straightened out. It is now straightened out
and I thi~k'~-:that what we have to look to now is what we are going to do in the future
to solve our problems. That is why I think some of these criticisms are rehashing
problems we all knew we had and were trying to do something about.
Wheeler: I think, Mr. Fisher, it should be recognized that the straightening out
is not from this Board really, ore,not from any investigation really, but actually;from
the State passing the building code. And, something that we had to put into effect and
in carrying out the State law we have taken care of it..,That is one instance we probably
should recognize could not have been accomplished on a county~level, but on the state-
level it certainly was the wise thing to do. O.K.~ Gentlemen, No. 10. "Allowing signs
2 5 4 lO-2-
to remain in place after they have been reported to be in violation Of County
ordinance."
Humphrey: Mr'. Chairman, this alsoft,was answered in part by No. 7 .... basically
the Planning and Zoning office is not aware of any violation which was not investigated
thoroughly. As far as those that may have been found in violation, they have been
far as
corrected. A case in point,as/allowing them to remain, I attempted to do that bodily
a year and one-half ago and was told that I was destroying public property and I no
longer try to do that. So we try to do it the proper way, with notification and
violation and ask them for compliance. 'Without that compliance we do move forward,
as I stated before, with prosecution.
Wheeler: Gentlemen, do any of you have any questions on that?
Fisher: I just have a question. Have there been any cases of prosecution
under the sign ordinance?
Humphrey: I don't recall any.
Carwile: I do. I have a client of mine who was prosecuted on a criminal warrant
for violation of the sign ordinance. There have been.
Fisher: Did you defend him?
Carwile: No.
Wood: Here again I think ... that doesn't even need an answer.
Wheeler: O. K. Gentlemen. No' 11. "Failure of county officials to enforce
properly the'Soil Erosion and Sedimentation laws, after being made aware of violations."
Do we need to discuss that in public, gentlemen?
Humphrey: There are some things I would like to present...
Wheeler: O. K., go ahead.
Humphrey: and they also reflect on 12. "The enforcement of the~Soil Erosion
Ordinance has been frustrated by virtue of the broad definition of agricultural as now
given in the Zoning Ordinance. The Zoning Administrator, in cases where property owners
have claimed ~agricultural exemption, has to produce hard facts to dispute it. The
County Attorney's office has been consulted over the years where the app'licant Claims
the agricultural exemption laws. ~The statement has been made that it's your word
against his unless there is factual basis on which to dlsputeit. In addition, at least
one court case, in which the County Planner was involved, has given guidance. He was
informed by the judge, at that time, that whenever there is some doubt in the inter-
pretation of a given word or phrase in the Zoning Ordinace, you must decide in favor
of the applicant or property owner. The Planning and Zoning Office, in the inter-
pretation of the Zoning Ordinance and Subdivision Ordinance, has attempted to be fair
to all concerned. There is never a real'hard line that you can follow because each
individual case has extenuating circumstances and must be considered in that
We would note that the erosion ordinance is being revised, as of this date, and~will
contain strong definitions relative to what is an agricultural endeavor and what is
not.'" As a matter of-fact, it is being strengthened after two years of experience with
10-2-74
255
it, with the help of the County Attorney's Office and this will be coming before you
within the next 35 to 40 days for revisions and revamp. This has been delayed. It
has been before the Commission for sometime. It has been delayed. The delays have
been caused by the desire to work with the Thomas Jefferson Soil and Water Conservation
District wh° are also developing an ordinance. The delay was to coordinate both
efforts and come up with one that was satisfactory to both the County and that agency.
This we have done and it will be coming before you in a very short while.
Wheeler: I might note that we are well aware, over the last several months we
have met with members of the Thomas Jefferson Soil Conservation District and discussed
this. I believe one case is in court now or has been in court in this connection.
I think it is the desire of all of us that the enforcement of this ordinance be
tightened up. As Mr. Humphrey states, there has been some frustration in enforcement
of these ordinance. Mr. Fisher do you have comments on this?
Fisher: I just wondered if anybody has ever been actually taken to court
under the Soil Erosion Ordinance.
Humphrey: There is one test case on the definition of agricultural, now pending
in court and has been f~or three months. There is another pending which has been carried
over for a second time. We don't know what the outcome will be. We feel the one
dealing with the definition of the agricultural endeavor, as far as grading is concerned,
we feel that we have sufficient information to go forth with that one. At least it
will give us some guideline in future cases as to ... definition of agricultural.
I did want to say also that two weeks ago we did take one zoning inspector, of the two
that we had, off 100% on zoning matters and put him 100% on soil erosion matters. We
are doing this on a test basis. We hope to be able to inform you whether we will be
needing additional inspectors.in forthcoming .... We feel, and have felt for some time,
that the enforcement of this ordinance is almost a 24-hour situation, but that report
will be coming before you during the course of budgeting.
Fisher: How many of these cases have been turned over to the Commonwealth's
Attorney for action would you say?
Humphrey: I can only think of two or, three at the moment.
RuthMiller: There are two now pending trial dates. Warrants have been sworn
and taken ... and there are two now .... Then there are several which I have forwarded
to the Commonwealth's Attorney in my report .... I have not had a response from the
Commonwealth Attorney's Office as to whether to proceed with a warrant or not.
Humphrey: There was one ~other case we were ready to go to Court with or issue
the warrant baaed upon the condition and the situation of the applicant having
accomplished what would have been necessary in the first place. We felt it would most
likely have been thrown out of court in any case and with advisement of the County
Attorney, and so we did not pursue that any further.
Wheeler: Mr. Henley, you have any questions on 11 or 127
Henley: No.
10~2-74
2 58
10-2-74
broad allegation, here, I was hoping that the Grand Jury was going' to come back with
indictments. That was my intent when we asked for the investigation over two years
ago. I didn't want a group of general allegations. Our attitude at that time was,
if you find any favoritism, anything wrong in County governmenn, tell us who it is,
what it is, and .we will fire them right on the spot. I am disappointed that the
Grand Jury comes back and says, make some allegations, if there was something bad
it seems like after spending hundreds of thousands of dollars that they invest~igated
for us, and the time, the staff time, that they could not find anything after spending
all that money and time there must not be a gr~eat deal of concern about.
Wheeler: O.K. Gentlemen. Let's take up No. 14. "Favoritism to certain developers
in the establishment by the Board of Supervisors of certain Jurisdictional Areas for
the ACSA." I think if there are any comments to made to that they should come from
this table. Mr. Henley, do you have any comments you want to make on this one?
Henley: I don't know of any favoritism that I have given.
Wheeler: Mr. Fisher?
Fisher: I don't know of anything that we have 'had that has been more hotly
debated among this Board in public session as to where the jurisdictional area should
go. We had serious disagreements about it, as you are aware. The actions of this
Board ... to establish jurisdictional areas, some of. which I disagreed with, but I
don't know of any evidence about favoritism. I don't know how we get a handle on
a charge like this. We can't investigate ourselves. As one fellow said, that is
sitting the fox to guard the hens~ but I just don't think that anybody could say that
the establi~s~h~nt of them jurisdicitonal areas was not an open thing, even though it
was "devi~ive '5'.
Wheeler: Mr. Carwile?
Carwile: . . Fish~er, that if s~mething has been a"devi'cive"and.~cOntrover~sial'~z_~ ~' u ......
subject and I think that people have to real£ze, I don't think it is clear from the
Grand Jury Report that the establishment of a jurisdictional service b~oundary never
means that any particular areas are going to be served. I think that each Board
members calls them as he sees them in voting on what he thinks is the best interest
of the County.
Wheeler: Mr. Thacker?
Thacker: No, sir, other to say that I certainly agree with Mr. Fisher. I would
have to state that certainly any developer that owns land in an area that was declared
a jurisRictional area would receive certain ~benefits, but to my knowledge no favoritism
was granted in any case where this Board was establist~ing jurisdictional areas.
Wheeler: Mr. Wood?
Wood: In the Grand Jury, when they asked about this and pointed this out, they
were mainly concerned with the jurisdictional areal?of Ivy which I explained to them
was done all in public and the jurisdictional area south of town, which I pointed out
was all in one drainage area, in one watershed area where it could easily be serviced
10~2-'74
.... 259
by gravity flow. If these is any favoritism there, I can't see where there is any
favoritism, c.There are thousands of different property owners out there. There .we=e
problems with water and sewer~age in Oak Hill Subdivision, which happens to be in that
same drainage area ... and I used to represent that area and I know of the problems
that we had. I have no question about that area being a jurisdictional area. If we
were voting, on it tomorrow, I would vote the same way I did before, for it. I think
it is needed and I am glad we did it.
Wheeler: I would lik'e'~to sum that part up! and make it clear, I voted for all of
these jurisdictional areas. If the Service Authority brought in tomorrow and said to
me, ~look I would like for you to make all of Albemarle County a jurisdictional area, I
probably would vote for it. I think anyone who attends these meetings has heard my
comments about wells. And anywhere you allow ... I think should be served by public
just
water and sewer. I would/like to point out and let's get it straight,that by stating
and approving a jurisdictional area doesn't put one gallon of water there and doesn't
give any sewer service. The only way you can get water and get the sewer service
is to go to see the Service Authority. Go to see Mr. Tremain and Mr. Omohundro and
Mr. Thompson and Mr. Lacy and when they think it is financially feasible and they have
got the capacity, they will serve it, not until then. Ail we say to them is if you
can do it and it is financially feasible, you have the authority to serve this area.
Now, believe me, if they were able to serve an area, and this Board through fear that
somebody might get some benefit from it, I don't know, land changes so fast ownership.
~ , one, ~
in Albemarle County, I don't see how they c'an define who ~wns the land zrom/weeK~to
another. I am in the real estate business and I don't know, I have to call up and find
out. So I hope that whoever they thought owned the land last year still owns. it this
year, but I doubt it. So, who is going to get the benefit when it changes from day
to day. But this Board does not authorize water lines. That is in the hands of
the Service Authority and I want to tell the citizens of this County that I have full
confidence. They will do what they think is right. If they want_ to mare the whole
County a jurisdictional area, I wouldn't be a bit surprised if they would not have
my support. That is the way I feel. I think the proper way t'o serve the citizens of
this County with water and sewer is through the Service Authority. That is something I
believe in and ... support it. O.K., Gentlemen. I don't think we need to take up
15 and 16, they have already been answered. We get down to this bottom thing about a
conflict of interest and whether you go outdoors, go in a closet, or what you do.
Gentlemen, I state that you abstain from acting on it if you think you have a conflict
and that is something each Board member has do decide. Now, if you want to walk out.
it is alright with me. If the Board wants to set a policy on it that you have to leave
the table, that is alright with me too, but I think it is clear that the law states
you abstain, but I will be glad to hear from you. Mr. Wood?
Wood: Here again, I wish that instead of saying "several Board members", if they
have something specific, say who. I don't like a cloud over me. If they think that I
260
10-2-74
have done something that is in conflict with the Conflict of Interest ~Laws of the
Statute of Virginia, say so. Everytime something has come up where I thought there
was a possible conflict of interest, I have asked the County Attorney. On one occasion
I revealed it to the Co~m~onwealth's Attorney and he has given a ruling that I did not
have a conflict. The only thing that I would ask of the Grand Jury, be specific, if
it's me, say so, and let me defend it. Don't put a cloud over my head. I certainly
don't want to put a cloud over their head.
Wheeler: Mr. Thacker?
Thacker: I will certainly agree with Mr. Wood and I would say that I think this
is a matter of individual choice by the Board members or commission members if they
wish to leave the room, that is entirely their decision as far as I am concerned. I
have no objection to this Board establishing a policy on it, but until we establish
that I think it is left up to the individual.
Wheeler: Mr. Carwile?
Carwile: I would agree with Mr. Wood.
Wheeler: Mr. Fisher?
Fisher: I think it should be left to the individual. I think that a couple of
years ago when the potential problem arose on the Planning Commission, which you .referred
to, that I ask this Board to speak to the Chairman of the Planning Commission and see
if they could not adopt a policy of that Commission themselves as to what they would --~
had
do when someone/disqualified himself or herself from discussion in order to be drawn
into answering questions, and so on. They th'emselves, at that time, established their
own policy of asking that any member who had disqualified from discussion should leave
the room. I wouldnLt see anything wrong with this Board establishing a policy if they
wis.h to do so in a similar fashion. I think that in most cases .over the years I
who
can't remember any case where a person on the Board/has disqualified himself has gotten
into the conversation and in sense clouded the issue by doing so.
Wheeler: I thin. k~that was our concern when we discussed this with the Planning
Commission, but I do agree that if the Board would like to set some policy that
it
certainly/is a decision the Board .... Mr. Henley?
Henley: No, sir.
Wheeler: O.K. Do we hame any staff members who have not had a .chance to make
comments who would like to make comments? Mr. St. John do you have some comments you
would like to make as Attorney for the Board? As a citizen?
St. John: One thing comes to mind, Mr. Chairman, on that conflict of interest
question. I don't necessarily agree with the advisability one way or the other of
following the Attorney General's opinions on this but there is ~an Attorney General's
opinion this year clearly stating that if you are going by the Virginia Conflict
of Interest Act as a guideline for the whole field of conflict of interest, it does
not prohibit a member of any body, Board of Supervisors, Planning Commission, or any
other body, sitting and taking part in a discussion of a matter in which he has a
6~lear conflict of interest just so long as he doesn't vote. This happened in, what's
10- 2-7 4
I
261
that County where Ma~assaS'~i~-,.~Prince William? This was amazing ,to me but this actually
happened up there, two attorneys, this is a celebrated opinion so it is not going to
for me to .mention if
embarrass .anybody/if they hear about it, but there is law firm up there composed of
two attorneys and their only clients are the biggest developer in-Prince William and
one is on the Planning Commission and the other is on the Board of Supervisors and that
is how they make their living. They never vote on anything, but they discuss everything.
I don't agree with this~. There was ... about this, but these people wrote off to the
Attorney General and he said that was not a violation of the Conflict of Interest Act
as long as they abstain from voting. I don't necessarily agree with the Conflict of
Interest Act itself in all respects. I think there are areas th~Cc.~cDVg it doesn't
look right for you to vote on something that is not prohibited, or allowed--by the
Conflict of Interest Act. But, I think the public ought to know what the Attorney General'
and the Virginia Legislature has set down as guidelines for this Conflict of Interest-
business. I would like for the Clerk to read the letter that has been handed to her.
Wheeler: Would you like to see it?
St. John: Just ask her to read it. It is short enough.
Clerk: (Read letter of Robert Merrill.)
St. John: O.K., I would like to comment ... I am aware of the rule that Mr.
Merrill cites there.which is a well-known and accept.ed rule with respect to grand juries
and always has been in Virginia. This does not by any stretch of' the imagination mean
that these very specifics which you have called for could not have bee~ put in this report
in the first place. On the sub, ct of their being provided now, Mr. Merrill-and the
Grand Jury have the legal right if they want to stand it, but this very rule itself,
I want to explain my thinking at the time that you adopted the resolution asking for the
specifics. This rUle has already, in my opinion, been completely waived and disregarded
by the COurt and the Commonwealth's Attorney and the Grand Jury during the course of its
deliberations. This rule and many other~rules. In fact, I have the rules on the Gr~nd
Jury'S report here and all of the rules with respect to grand ~uri. es have been depart~ed
from by this, in this proceeding. I think it is fair to say that they have been waived.
I,'-just listed the rules that come to mine without reviewing the entire proceeding, but
first of all the Foreman was given subpoena power. This is completely' contrary to
Rule 3-A-15. Second, unauthorized persons were allowed in the grand jury room~which
and
is contrary to Rule 3-A-6. These are the rules of criminal'practice/ procedure in
Virginia. Third, this jury apparentt-y at the outset was told, or advised,that their
report would be secret and would be in privy only with the Judge, between them and
the Judge. This is completely contrary to Rule 3-A:6E. As a matter of fact, one
report if being kept secret now by the Court, or by someone. It has neve= been made
public and this fact was brought out in this report~ There is another report that is
being 'kept. Finally, there is in existence a tape recording of every word that has
ever been spoken in this grand jury room. Th'~s is my understanding. This is what the
Court stated and this tape is in existence now. A recording was kept.
Every word of it
2 6,2 10-2-74
in the Grand Jury Room. According to Virginia Code Section 18.1-299, makes it a
felony, if you please, to make a recording of any grand jury deliberation. This
section reads: "If any person shall install or cause ~to be installed, or use or
cause to be used any microphone or device designed for recording or transmitting for __j
recording sound, in any jury room in this State, for the purpose of recording
deliberations of any jury or preparing summarY of deliberations of the jury, he
shall be confined in the penitentiary for not less than one, nor more than five
years, or fined not less than $100, nor more than $1,000." Now, this rule has been
waived and disregarded by those who were in charge of this jury and the justification,
or the response that we received in this room here when this was brought to the attention
of the Court and the Commonwealth's Attorney, who is charged incidentally, the
Commonwealth's Attorney is charged by Rule 3A:6b with the duty of advising the grand
jurors respecting the discharge of their duties. Ail of these rules were disregarded
and the justification was that since no one was indicted that no one had standing to
object to this. If that be true with respect to these rules, it seems tome that
the information you desire could be furnished~and no longer have any standingto
it
object to this. If the jurors wish to do/and the Commonwealth Attorney and Court
wis~ to do it. Furthermore, in my thinking at the time that you all enacted this
resolution asking f~ this information, it was inconceivable to me that this tape
recording was made without any purpose. It exists. It's in existence now and
there must have been some purpose to make it. All of these facts, specifications
and particulars behind this report, if in fact they do exist, are now on this tape~
which according to the Statute, it was felony to make it in the first place but nobody
is going to'be prosecuted for it because no one has standing to prosecute and it must
be for some purpose and I assume that this purpose was for some public use. But,
the Foreman .of the Grand Jury has elected to stand on this particular rule which he
cites in his letter and it is.rule, just. like all these other rules, which has been
waived and I will-~iffcr to the Foreman's knowledge of the rules. He is exactly
right. He. doeJn't have to give you this information. In fact, the 'law says he
shan't. But, I would cite further this Rule 3A:6c which says, and I quote: "A
juror may not disclose matters occurring before the Grand Juror except when so
directed by the Court." Now, whether this can take place only while the jury is in
session, or whether the court can still after the jury has been dismissed direct
disclosure by use of these tapes or having the jury inform you of these facts, I don't
know, but whatever is to be done will be done only when directed by the court. Now,
the Commonwealth Attorney has standing in this matter before the Court and the jurors
do, I presume, but it has been decided that you all have no standing in this matter
before the Court, so if anybody.is going to ask the Court to direct that this be done
I would say that it has to be someone with standing.
not have standing.
Wheeler: Thank you, Mr. St. John.
The Board of Supervisors does
10-2- 74
263
Wood: Could we ask the CommonweaI'th's Att~orney to get that information for us?
St. John: You can do anything you want to in the way of requesting anybody to
.... But, I am j~ust citing what the rules cover here.
Wheeler: O.K. Mr. Batchelor ...
Batchelor: Mr. Chairman, "the report of the Grand Jury addressed only certain
areas of County operations. We have made a statement tonight in answer to this report.
Not mentioned in the Grand Jury report~, and seldom noted publicly, are the many innovative
and creative developments that have taken place over these years to make the County
administration a more efficient and effective organization in order to meet the needs
of the citizens of Albemarle County at a reasonable co.st.
"We would call tO your attention only a few of the many programs and procedures
that we feel have benefited the County over the period being scrutinized, the years
1966 to 1974.
~'Investment of idle funds during this period has resulted in 1.6 million dollars
in interest as compared to 200 thousand dollars during the --pmegeding period of 1957
to 1966. Many new ordinances passed .by the Board of Supervisors have had to be
implemented and enforced such~as zoning, land use, tax relief to the elderly and
annual assessment. The County has entered into new and expanding .programs which took
time and talent to properly implement. The expansions .of the airport, a new community
college, a new vocational education center, an outdoor lighting program, two new parks
and watershed programs have come into existence. Administrative procedure changes such
as the pre-registration of automobile licenses havenot only made it more convenient
for the citizens of Albemarle County but brought ih.an additional 100 thousand dollars
from the same revenue source. .We have instituted a new distribution program fom food
stamps which has saved the County.many dollars; a junk .car abatement program has made
the County more attractive; and the manThours spent working with the Highway Department
and property owners to obtain and on and off ramp at the 29 By~Pass and 250West .has
made driving in this area more convenient and safer. Our leadership in changing Of~the
State income tax filing procedures has resulted in an increase in taxpayer assistance
and a lowering of the unit cost in auditing_ £oC' the County and the State.
"Our credit rating of AA, we believe, speaks to the outstanding fiscal administration
of County affairs. This credit rating has saved the taxpayers many thousand of doltmrs
in the sale of bonds that were voted by the people of the County. Since 1967, the
Finance Department has collected over 75 million dollars. In receiving this 75 million
dollars, the daily shortage at receiving windows has totaled only $318.71. The collection
of current and delinquent real estate and personal property taxes in 1967-68 was 97.8~.%
In 1971-72, this rose to a high of 99.6%.
"In any organization as large as Albemarle County's government, it is easy to second
guess decisions of the governing body and administrative staff. Very few days pass
that we don't look back and say, ~"If we had that to do over again, we wouId do it better'.
I hope~this attitude never changes. Our striving to do things better, to modify., change
or eliminate must be an on-going process. We feel that we have done this and we
10-2-74
264
continue to do it in the future. We approach the future in a positive manner, knowing
that we will make mistakes but also knowing that we will make improvements. We feel
confident in our ability to cope with the future and the administrative tasks that
lie ahead of us."
Fisher: I think there is one question which we have not taken up. That is the
question of the amount of the taxes and penalties and interests on the contractors
license tax that we have had some disagreement about with the Grand Jury. Their
statement is that approximately $30,000 from only two contractors is still outstanding.
I would like for someone to answer that. Mr. St. John may be the best one to answer
that, I don~'t ~know,
Batchelor: We have a statement for that.
Wheeler: O.K.
Fisher: Where is that sheet?
Batchelor: In the front. Mr. Jones will deliver that.
Wheeler: Mr. Jones?
Ray Jones: It's about the seventh page, Mr. Fisher. Mr. Chairman'and members
of the Board, in response to, I believe on Page 2, paragraph 2, in reference to the
contractors license, the following replies: "It has been the position of the
Finance Department to only levy the tax, penalty and interest. Fines are to be
imposed by the Court. Therefore, ~ the totals exclusive of fines are as follows:"
I won't go through all of the figures, I will just tell you the totals bY years.
These totals are based upon the gross figures as set forth in the schedule attached
to the report. For the year 1969, and this is on Schedule A, Crown Corporation,
$1237.20;for the year 1970, $444.52; a~total of $1,681.72, less the amount~zi collected,
$61.16, which gives you $1,620.56.- That is the amount that is not collected. It is
not collectable under the statute of limJlmtions, as I-understand it. For the years
1971, $1,792.45; 1972, $2,328.86; 1973, $6,132.45; 1974, $4,806.12; total amount
$15,054.88; less the payments of $4,081.45; leaving the amount Collectible of
$10,973.43; this is collectible, it~is current and three years back, which is
collectible under the ordinance. There was a payment on April tl, 1974, which was
submitted without application, which was submitted to the County Attorney in the
amount of $4,764.85, it was submitted without application, therefore the amount of
tax, penalty and interest without applications, to date', $6,208.58; excluding fines,
which are not a responsibility of the~department.
Wheeler: ~Let me ask you. Are you planning of that $6,208.58 that you expect to
make an effort to collect that?
Ray Jones: This is the total amount collectible at this time .... Schedule B,
Charles Wo Hurt, 1970, $64.03 less payment of $25~00 leaving an amount not collectible
fo $39.03, representing the tax, penalty and interest. 1971. $386.33; 1972, $49.00;
1973, $1,071.42; 1974, $4,082.8.7; total $4,489.62; less payments of $360.72; the amount
of tax, penalty ~and interest collectible is $5,228.~90. "Therefore the tax, penalty and
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265
interest uncollected on Crown Corporation~ is $12,593.99 of which $10,973.43 is still
collectible. The uncollectible balance is $1,620.56 for 1969 and 1970 since.it exceeds
the statute of limi~tions.
"On the account of Charles W. Hurt, the amount of uncollected tax is $5,267.9'3
of which only $39.03 is uncollectible due to the statute of limitations. Bo~ of these
accounts were referred to the County Attorney in April 1974 who in turn placed them
in the hands of the Commonwealth Attorney. To date no legal action has been taken
of which the Finance ~epartment is aware.
"The quotation in the Grand Jury report was taken from a letter Written to
Mr. Raymond E. Dobyns, Supervisor, Excise and License Taxes, State Department of
Taxation, Richmond, Virginia, and reference was only made to state contractor's
license. No reference was made in the letter to county licenses. The above licenses
were state licenses and the letter so stated. The letter was not an instrument to be
used in halting any enforcement machinery on any county license.
"Adjustments" and these are adjustments within the Finance Department "have been
made to avoid this happening again as follows:
"1. The Finance Deparment no longer issues a license without a signed
application.
"2.Copies of licenses are sent .to the Building Official~and no permits
are issued unless the applicant has secured the proper license.
"3. A full-time field investigator has been hired to check out decrepencies.
"4.
The Finance Department will cooperate and report violations to the
Commonwealth Attorney when it is aware of them through a recently
implemented procedure."
Wheeler: O.K. Let me get back to this amount that is not collectible.
state that it has been sent to the Commonwealth's Attorney for collection.
las~ time that you have had checked with~the Commonwealth Attorney on this?
Ray Jones: Wells.he has not checked with the office... ~ ~ -
Wheeler: I am asking when is the last time that you checked with him?
checked with you.
You
When is the
not when he
Ray Jones: I believe, Mr. Breeden checked with him within'the last~'30.days.
Fisher: Mr. JOnes, do you know what thg response was?
RaY Jones: Well, at the time that we turned it over to him we were told, you
stay out of it, that he was handling the case.
Wheeler: Maybe we better hear from Mr. St. John if he has any comments on this.
I don~t think we can stay out of it.
St. John: Mr. Chairman, each of you has copies of the letters between myself
and Mr. Haugh. That is the last correspondence that has taken place.-If you want me
to describe this now .... You have got the letters between myself and Mr. Haugh.
I've got the letter
Wheeler: Yes/ but it has slipped my mind right now as to whet~er any action
was going to be taken. Did the Commonwealth Attorney state he was going to take any
action to collect it?
St. John: Mr. Chairman, the Commonwealth Attorney has sent back materials to me
with a letter which, to look at it, refuses to take any action on this. So, if any
2 6 6 10-2-74
action is to be taken, the action will have to be taken on the civil side of the
court by my office. This is my understanding from Mr. Haugh who has because I
gather of the nature of this litigation in connection with Mr. Batchelor at which
time it was pointed oun in this court room that he has been furnished with this
information and sO forth and there was practically acrimony between those who were
defending Mr. BatchelOr and between Mr. Haugh, his office. He has sent back th~,
correspondence and the figures and facts which were sent to him in connection with
Dr. Hurt and Daley Craig and other matters. There is another license tax matter which
we referred to him. He has sent back ~he factual materials saying he will have no
more to do wi'th it. I have discussed this with Mr. Breeden, in Mr. Jones' office,
by
and provided forms/which Mr. Haugh will be and must be kept informed of all of these
violations whether he will have anything ~to do with them or not; whether he will
take any action on them or not. This is ~a very unfortunate situation. I want everyone
to understand that we are perfectly willing to work with Mr. Haugh, to continue to
Work with Mr. Haugh, but you have the letters, the exchange of letters between us and
I gather from these letters that he is not going to participate ... anymore and that
is where the matter stands. My office will undertake to collect these taxes, civil,
that is to bring a civil suit against ths~people who owe them, that is to get a
judgment against them and then levy on their property. My office, nobody in Albemarle
County can issue a criminal~warrant for tax evasion against anybody, except the
Commonwealth's Attorney. I cannot do this. So there the matter stands.
Wheeler: O.K.
Fisher: Where does this $30,000 figure come from?
St. John: Alright, the Grand Jury is including in that $30,000, the amount of
fine which they presume would have been collect'ed had criminal warrants been obtained
by the Commonwealth's Attorney against the persons who failed to pay the proper amount
of taxes. That is a continuing offense, every day that a person does business without
hav±ng'obtained a license, ~there is a fine for. Everyday is a different offenSe.
They have added up the total days. If you had gotten 365 warrants fo.r every year
that Datey Craig was in violation and if you had gotten 365 warrants for every year
that Dr. Hurt was in violation, you would come up with the difference betWeen what
Mr. Jones hasJeither collected or is still collectible and what the Grand Jury has
said should be the proper amount. Mr. Jones cannot collect those monies. They don't
go to, they go to the court, they are collected as fines. They are. not something the
tax office co]~ct.s, they are collectible only by the court, only in a criminal
proceeding initiated by the Co~m~onwealth's Attorney~office.
Fisher: Alright. So the uncollectible taxes from Crown Corporation, has what
our tax office could have collected., possibly~~ was $1,620.56. Dr. Hurt's was $39.03.
of it
Ail the rest/still is collectible if the proper legal action is taken to collect
it if the' Crown Corporation and Dr. Hurt would pay it?
'St.~John: That's correct~
10a2-74
267
Fisher: I. think it is imperative that we what we can to avoid having to go another
year and going, and letting the statute of limi~.ations run out.
St. John: We recognize this necessity. Let me explain this to you. The data one
on Dr. Hurt was received by this County, by ~any/in this County for-.the first time, when?
This was exposed. In 1973~, the State Tax Department initla~ed a process whereby local
tax departments are furnished copies of the business schedules on peoples state income~-
tax. :-In 1973 was the first time. In the spring of 1974, this spring, for the first
time, this County received a package from the State Tax Department showing what Dr. Hurt's
gross income was from his building operations. This is the packet that was sent to
Mr'. Haugh. This is the material which was used by Mr. Haugh in Mr. Batchelor's trial
and which we have now received back from Mr. Haugh saying he will have no more to do with
any effort to collect these taxes. I don't recall the exact-word, but you have got
the letter from him.
Wheeler: Gentlemen, I think this Board needs to take whatever action~is necessary
to get something moving. We have the exchange 0f~:correspondence. If I hear no objections
I,-will have this placed on our agenda for our October meeting which I believe is the 17th
and at that time, please read those letters and we can discuss it and give~, Mr. St. John
St. John: I am assuming,~!Gentlemen, I don't need any specific authority from you
to initiate the suit in behalf of the County to collect these taxes. I will go ahead
and file the suit. It is a civil suit~: you understand, you don't get any money, you
get a piece of paper and it says you have a judgment against this per. son and then .you
levy on their property and so forth. You can collect the full amount if the amount is
there to collect.
Wheeler: Gentlemen, if I heart'no objections, Mr. St. John would you proceed, but
Miss Neher would you put it on the agenda so we could be brought up to date? Is there
anything else we want to take up in this ~rand Jury report, gentlemen, before we have
our final remarks? I expect to give each Board member a chan~e to make remarks, but
I~would like to lead off. I do appreciate, speaking for the Board, the members of the
Service Authority, Mr. Tremain who have come tonight and who have participated with
us in thispablic information session, I will call it. We do appreciate it, gentlemen.
To members of the Staff, county employees, we appreciate your efforts in get~ihg~this
information to us and participating in this forum~tonight. Gentlemen, I think that
we recognize our responsibilities as elected officials of Albemarle County. I think
this investigation has been going on since we called for it in February 15, 1973. I
think we have come to the end of our line. I would suggest that a motion would be
in order tonight to close the investigation. Mr. Henley, time to hear remarks from you.
Henley: You want me to make a motion?
Wheeler: I would prefer we get a chance to have comments and then whatever
motion you would like. ~ .
Henley: I have been right much upset because of the lack of information to the
charges that they made here. When I was interviewed by the Grand Jury, I, like Mr. Fisher
2 6 8 10-2-74
and some of the others asked them for specific people and incidents and they would
give me nothing. They ~said you can find out. Well, it took them six months to find
out what little they have given us here tonight'. Lord, knows how long it would take
us. God only know, and I don't mean to be sacrilegious, how much this has cost ~us~
and what have we got. A secret report, it looks like to me. I am ready to call it
quits myself.
Wheeler: Mr. Fisher.
Fisher: I am. willing at this, I am willing, happily willing to put an end to the
kind of devi~iveness that has been occurring. I think it has at times turned into the
kind of session where everything being done was destructive. I think it was.mutually
destructive. I think everybody involved ~n this has been damaged by the innuendos
and so on that have occurred, but I am still committed, ve been since before
I took office to want to know what is going on .in the County. I want to know the
complair~ th~ citizens have. I want to try to make sure that the County .government
is going efficiently and with humanity, because it exists to serve the people in this
County. I am retaining my initial commitment to want to know what is going on, to try
to improve things, to improve procedures and to make sure things are operating right.
I think this needs to be put to rest.
Wheeler: Mr. Carwile.-
Carwile: I, I think like all the Board members, sincerely regret the ~rand Jury's
Report was not more specific. I think that the generality of the Grand Jury's report
and the innuendo which it contains represents a disservice to the citizens and to
the staff, the Board, and to the interests of the good name of justice.
Wheeler: Mr. Thacker.
Thacker: Mr. Chairman, I couldn't ag=ee with Mr. Carwile more. I won't be
repetitious, but I think it is most unfortunate that it has taken us .... I would
also say that now is the time to end it. I think enough has been wasted.on it; time,
effdrt and money.
Wheeler: Mr. Wood.
Wood: Mr. Chairman, I think I have said all I need to say. My biggest concern
is the amount of money that the Grand Jury in its investigation cost the citizens
of the County to come up nothing. I think if there is any one lesson out of this
that we can learn or that I have learned, the next time that a disgruntled employee
makes an accusation in public, I am going to investigate it myself and save the
taxpayers a whole lot of money. I agree we could get the persons involved fired
quicker and more efficient government than drawing this thing out 18 months and
with nothing coming out of it. It is obvious to me that the Grand Jury has, well
enough said.
Wheeler: Well, Gentlemen, I think the word .... I don't think we need a motion.
I sense the feeling of the Board that our investigation of the Grand Jury report is
ended. I think it is clearly understood, the citizens ~f this County are well aware
i092-74
2'69
that we stand, that we are dedicated to service. We are dedicated to carrying on
the duties and management of this County and we will.do that and there will be
deficiencies'~,and they will be corrected. The citizens of the County are well aware
that we are carrying on their bnsiness. When they are concerned and they have complaints
they call. They call you and they call me. I had three calls yesterday, things that
I will piece on the agenda. But, this investigation is ended. We will carry on the
County's business as usual.
On motion by Mr. Fisher, seconded by Mr. Wood, lottery permit was issued to
the Albemarle County 4-H Leader's Association. The motion carried by the following
recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: NOne.
Mr. Wheeler announced that the Jefferson's Country Fireman's ASsociation had
invited the Board members to attend their next meeting to be~held on October 15 in
Scottsville.
Mr. Wheeler said the Board has a legal matter which should be discussed tomorrow
and requested that the Board adjourn until 5:00 P~M., October 3, 1974, in the Board
Room of the County Office Building. Motion to this effect was offered by Mr. Thacker,
seconded by Mr. Fisher and carried ~by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.