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1974-11-1911-19-74 353 A meeting of the Board of County ~Supervi.sors of Albemarle Counvy, Virginia, ad- journed from November 13, 1974, was held at 9:00 a.m. on November 19, 1974, in the Board Room of the County Office Building. (This meeting was held in place of regularly scheduled meeting of November 21, due to the fact that Board members would be attending annual meeting of the Virginia Association of Counties on that date.) Stuart F. Carwile, Gerald E. Fisher, J. T. Henley,Jr., Gordon L. Wheeler and Lloyd F. WOod, Jr. Present: Messrs. William C. Thacker, Jr., Absent: None Officers Present: Counvy Executive and County Attorney. The meeting was called to order and opened with the Lord's Prayer led by Mr. Gordon Wheeler, Chairman. Of the meetings for which minutes had been mailed, it appeared that members had only had an opportunity to read ~he first three sets and it further appeared that copy of the afternoon session of June 26th had not been received. Accordingly on motion by Mr. Fisher, seconded by Mr. Thacker, minutes of the meetings of June 12 (afternoon and night), 1974, and June 20, 1974, were approved by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. The Clerk was directed to mail copies of the June 26th afternaon session to the Board and approval of all other completed minutes was deferred until the next regular business meeting. Communication was received from Mr. Fred Landes, attorney for Mr. Walter Cushman, requesting acceptance into the Secondary System of cervain streets in Meriwether Hill Subdivision. Mr. Perry of the Highway Department advised that these roads were up to Highway standards. The following resolution was offerea by Mr. Fisher, seconded by Mr. Carwile, and adopted by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the Virginia Department of Highways be and is hereby requested to accept into the Secondary Sysvem of Highways, subject to final inspection and approval by the Resident Highway Department, the following roads in Section Three in Meriwether Hill Subdivision: Meriwether Drive Le~s Street Leeds Lane - 2,067.84 feet - 480.57 feet - 310.00 feet BE IT FURTHER RESOLVED that the Virginia DeparTment of Highways be and is hereby guaranteed a 50 foot unobstructed right-of-way and drainage easements along this requested addition as recorded by plats in the Office~.of the Clerk of the Circuit Court of Albemarle County in Deed Book 510, Page 205, and Deed Book 563, page 46. The County Executive submitted request for svreev sign for Whitewood Road to be erected on the northeast corner of Hydraulic Road (Route 743) at its intersection with Whitewood Road and within the right-of-way of Route 743. Mr. Warner advised that the naming of the road would have to be coordinated through the Planning Department. He also advised that Whitewood Road has no~ been accepted into the Secondary System, that bond has not been posted and they could not erect sign until bond is posted. Mr. Thacker suggested that the matter be deferred until the road is taken into the Secondary System. Mr. Wood stated that he felt the matter should be reviewed again since he feared the road would not be acceptable by the time bond ~s posted. Mr. Wheeler requested that John Humphrey be asked to check to see about bond with County so action can be taken at a later date. No action was taken on this request. Mr. Batchelor stated he felt there should be some way in which the Board could pass a blanket ordinance that once roads are in the System and meet with Highway Department planning, that the owners can purchase the signs and the Highway Department erect them without everyone coming before the Board. Mr. Warner said it appeared to him that some type of County ordinance could be adopted along that line. In dis- cussion, it was pointed out that the road or street name would have to be approved by the Plan~in~ Department. Mr. Batchelor advised that he would try to bring some- thing back to the Board on this. The County Executive submitted three oommunications from the Virginia Department of Highways confirming requests included in resolutions'~of this Board as follows: "October 28, 1974 Secondary System Additions and Abandonment Albemarle County Board of Supervisors of Albemarle County Charlottesville, Virginia 22901 Gentlemen: As requested in resolution by your Board on August 15, 1974, the following additions to and abandonment from the Secondary System of Albemarle County are hereby approved, effective October 28, 1974. ADDITION LENGTH Section 5 of new connection Route 713 at right of Sta. 117+30, Proj. 0020-002-106, C501. 0.06 Mi. Section 6 of new connection Rte. 714 at left of Sra. 160+00, Proj. 0020-002-106, C501 0.05 Mi. ABANDONMENT Section 4 of old location Rte. 713 from old Rte. 20 to new connection opposite Sta. 117+30, Proj. 0020-002-106,C501. 0.14 Mi. Sincerely, (signed) J.K. Harwood, Deputy Commissioner and Chief Engineer" "October 30, 1974 Route 20-Project 0020-002-106,C~501 Changes in Prsmary & Secondary System Albemarle County-North of Scottsville Board of Supervisors of Albemarle County ~ Charlottesville, Virginia 22901 Gentlemen: In acoordance with a resolution passed by your Board on August 15, 1974 changes in the Primary System made necessary by relocation and construction on Route 20 in Albemarle County were confirmed by the Highway and Transportation Commission on October 24, 1974, as shown on the attached sketch, described as follows: SECTIONS DISCONTINUED AS PROVIDED UNDER SECTION 33.1-144 OF THE 1950 CODE OF VIRGINIA: ~-~ Section 1 - Old location of Route 20, west of the new location, from the~ intersection of Route 713 northwesterly 0.15 mile to the new location at Station 117+30. Section 2 - Old location of Route 20, west of the new location, from the new location at Station 157+30 northerly 0.28 mile to the new location ay Station 172+00. Section 3 - Old location of Route 20, east of the new location, from the new location at Station 222+50 northeasterly 0.26 mile to the new location at Station 238+00. 355 Section 8 - Old location of Route 20, west of the new location, from the new location at Station 119+10 northeasterly 0.11 mile to the new location at Station 125+00. Section 9 - Old location of Route 20, east of the new location, from the new location at Station 143+50 northerly 0.15 mile to the new location at Station 151+50. SECTION TRANSFERRED TO THE SECONDARY SYSTEM AS PROVIDED UNDER SECTION 33.1-35 OF THE 1950 CODE OF VIRGINIA: Section 7 - Old location of Route 20, west of the new location, from the new location at Station 102+50 northwesterly 0.10 mile to the intersection of Route 713. Sincerely yours, (signed) J. E. Harwood, Deputy Commissioner and Chief Engineer" "October 28, 1974 Secondary System Addition and Abandomma~t Albemarle County Board~of Supervisors of Albemarle County Charlottesville, Virginia 22901 Gentlemen: As requested in resolution by your Board on August 15, 1974, the following addition to and abandonment from the Secondary System of Albemarle County are hereby approved, effective October 28, 1974. ADDITION LENGTH Sections 3 and 4 of new location Rte. 660 between Sta. 26+90 and Sta. 65+60, Proj. 0660-002-145,C501. 0.35 mi. ABANDONMENT Sections 1, 2 & 5 of old location Rte. 660 between Sta. 26+90 and Sta. 65+50. 0~.25 Mi~.. Sincerely, J. E. Harwood, Deputy Commissioner and Chief Engineer" (signed) Mr. Warner reported that due to the current economic situation, plans for Route 684 were still not being pursued as was discussed at the regular October day meeting. He stated that he would ~ike to have some expression from the Board soon so he could advise the right-of-way people to stop negotiating. It was decided that vhis meeting would be adjourned until 4:00 p_.~m, on December 11, 1974, to discuss this and other highway matters, including a report from Mr. Warner on Milton Road. A petition and numerous letters were received in connection with the hazardous condition of Georgevown Road. Mr. Wood advised that he has mev with citizens who are interested in improving this road. Mr. Warner also stated that his department is taking the big locust tree down and shrubbery is being cut down. Mr. Wood requested that this matter be put on the agenda for 4:00 p.m. and for 7:30 p.m. on December llth. Lengthy discussian was given to this situation and it was decided that a re- solution would be adopted at the meeting of the llth stressing the importance of improving Georgetown Road. Mr. F. E. Paulette appeared with his attorney, Mr. Gayle Pickford, and presented petition requesting vacation of the plat of Bellevue Subdivision, Scottsville, Virginia. It was pointed out that this would require a public hearing, adv'ertise for two con- secutive weeks at least twelve days prior to the hearing. On motion by Mr. Thacker, seconded by Mr. Carwile, it was ordered that public hearing on an ordinance for the vacation be set for 9:30 a.m. on December 19, 1974, and that proper advertisement of said hearing be published. Motion was adopted by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None 11-19-7 /56 Mr. Fisher referred to memo which he sent to Mr. Warner regarding access to Flordon from Route 250 West down to railroad brid~e. He wanted to know if Mr. Warner had any information he could take back to those people. Mr. Warner said he did not but he has had people out there checking on it and he knows what the condition is. Mr. Fisher also referred co letter some months ago from Mr. Joseph Gibson requesting the Highway Department to do something about the entrance to West Leigh and he asked Mr. Warner if he had heard any more about that since the Board passed its resolution. Mr. Warner said he assumed the Highway Department's position is the same, that they are not going to participate in that, but he does not know what they are considering in nexv year's improvement program. He should know something around the first of the year. Hr. Fisher stated that the people in the area of Crossroads are very pleased with the work that has been done there. He commended Mr. Warner for this work. Mr. Henley advised Mr. Warner that Route 811 needs some scraping before winter sets in. Statements of Expenses of the Department of Finance, the Sheriff's Office and the Office of the Commonwealth's Attorney were submitted for the monvh of October, 1974. On motion by Mr. Fisher, seconded by Mr. Carwile, ~hese svatements were approved by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Statemen~ of Expenses incurred in the maintenance of the County Jail was sub- mitted for the month of October, 1974. Also pmesented was summary of prisoner days and jail physician's bill in the amount of $50.00, of which two-thirds is reimbursable by the Stave. Mr. Batchelor advised that~ this was the last full month's report on operation of the County Jail. On motion .by Hr. Fisher, seconded by Hr. Carwile, these statements were approved by the following recorded vove: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None Reporv of the County Executive was submitted for the month of October, 1974, for information. ReNort of the Department o~Social Services for the month of September, 1974, was submitted as information in accordance with Section 63.1-52 of the Code of Virginia. Mr. Wheeler called attention to report on Food Stamps which he requested and copies of which were mailed to vhe Board. Report on audit of accounts of the Albemarle County Court was received from the Auditor of Public Accounts for the period April 1 through June 30, 1973, and Board members were advised that'this was on file for inspection by anyone so desiring. Mr. D. D. Hudson appeared in support of letter requesting the County and City to provide an office for the local magisvrates away from their present location at the City Police Station. Mr. Hudson reiterated the inadequamies of the office as outlined 1~-1~-74 357 in his letter, copies of which were mailed to the Board prior to the meeting along with supporting letters from Judges Pickford, Marshall and Zehler. He recommended that the facility be moved to the Wood Building an Court Square which would be convenient to all law enforcement offices as well as the public. Mr. Hudson advised that City Council unanimously approve the proposed change. Mr. Henley report that at the last Jail Board meeting the Chief of Police and the Sheriff recommended that the offise be located at the Joint Security Complex. Mr. Batchelor said he felt the location should be as convenient as possible for the public. He said he had not heard of the recommendation made at the Jail Board meeting. He stated that the Jail Complex was designed and planned before anyone ever gave any consideration to the new form of judicial process as compared to the old J.P. system. Mr. Wheeler said he felt civil warrants should be kept somewhere in the Court Square area. Mr. Wood said he felt the money should be paid out of State funds since the State changed the procedure. Mr. Wheeler said he supported the request. Mr. Carwile said he supported the request and concurred that civil warrants need to be located in the Court Square area but he wondered if there might be some way the c~iminal part could be located at the Jail Complex. A lengthy discussion with Mr. Hudson followed as to the pros and cons of such an arrangement. Mr. Thacker said he felt this is something that needs to be for the convenience of the citizens using this office. done ~'~meC~ly/He said Mr. Hudson's request should be granted, and the Board appro- priate capital funds for furniture and equipment. Mr. Thacker then requested that Mr. Hudson and other magistrates investigate this further to see if something can be done to expedite the criminal process. In discussion, Mr. Wood said perhaps it would be best to carry the matter over to the next meeting and request input from the Sheriff and Chief of Police and re- commendation of the Jail Board. Mr. ~Wheeler said he felt we must move on to get something accomplished now. On the basis of this, Mr. Wood seconded Mr. Thacker's motion and the following resolution carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.. NAYS: None BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia that $1,400 be and the same hereby is appropriated from the General Fund and transferred to the General Operating Fund for capital outlay for furniture and equipment; for payment of rent and telephone from December 1, 1974 through June 30, 1975, for a magistrates office, and expenditure of these funds is hereby approved." Request for a restricted road to serve seven lots in Long Meadow Subdivision, near White Hall, Virginia, was received. Property is shown on plat drawn by William S. Roudabush, Jr., as a division of Parcel 44, Tax Map 40. Mr. John Humphrey, County Planner, said this request has been reviewed by the County Engineer and the County Attorney. The Planning Commission recommends approval subject to the following conditions: 1) Road plans to be approved by the County Engineer and road bond to be posted in lieu of actual construction prior to final plat approval; and 2) grading permit must be obtained. After lengthy discussion as to the length of the road and whether or not auto- mobiles would be able to negotiate the turn in the proposed ro~d, Mr. Thacker offered motion to approve this request as recommended by the Planning Commission adding condition No. 3 that Parcel "A" be excluded from use of the~road. The motion was seconded by Mr. Wood and carried by the following recorded yore: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler, NAYS: None Mr. William Elder, Administrative Supervisor for the 16th Distriot Juvenile Domestic Relations Court, was present to discuss appointments to the Court Service Unit - Advisory Council. Referred to letter: Mr. Gordon L. Wheeler, Chairman Board of Supervisors Albemarle Court 908 East High Streev Charlottesville, Virginia 22901 ,,October 8, '1974 Re: Court Service Unit Advisory Council Member Dear Mr. Wheeler: In accordance with Section 16.1-203 of the Code of Virginia the Court Service Unit serving the Sixteenth District wishes co esvablish an advisory council "to consult and confer with the unit directly from rime ~o time relative to the development and extension of the court servioe program." tt is my desire to establish the advisory council by January 1, 1975. Preliminary feelings are that the council will meev four (4) times each year relative to the service units program to provide appropriate services vo the youth of your government jurisdiction. I am sure that you will take the utmost care in making the appointment. When the appointment is made would you please let me.~.know, so that I can make the proper notification as to the date,time and place of the first meeting. If you have any quesvions, please let me know. Thank you for your kind consideration and attention in this matter. Sincerely, (siBned) Arthur G. Daniels Director Court Service Unit" Mr. Elder pointed out that the appointment by the Board would be for one member per jurisdiction, and that there are nine jurisdictions represented by the 16th District Court Service Unit, which were named as follows: Albemarle, Charlottesville, Madison, Greene, Orange, Louisa, Oulpepper, Fluvanna, and Goochland Counties. This council would meet four times a year. Mr. Elder then proceeded to hand ou~ a copy of Virginia Code Section 16.1-203, wherein this Court Service Unit Advisory Council would be established. Mr. Fisher noted that the Thomas Jefferson Planning District has a criminal justice advisory council which have representation from the court system. What will this group do that is ~ifferent from the criminal justice advisory council that is already set up Un Planning Districts. Mr. Elder stated that the idea of the group was to provide community in-put as to the actual operation of the court service unit for every jurisdiction. The group would act as an advisory group to the court service unit director, and hopefully pro- vide better service in the jurisdictions involved. Mr. Wood recommended that this be put on the agenda for the December 19th meeting for appointment, and mo~ion was seconded by Mr. Fisher and role was called: 359 AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Request to amend the Albemarle County Code to take action on motor vehicles in order to allow ~ of state highway regulations on streets not yet part of the state highway system. This would require an advertised public hearing by the Board of Supervisors. This would be in relation to roads that are in private subdivisions. Mr. Fred Payne brought to the Board's attention, that this ordinance comes from section 46.1-180.1, which allows members of the Board to establish this type ordinance and appoint an agent to do this. This amendment is intended to supplement the section, concerning the adoption of state and county regulations to cover subdivision streets not yet in the system. Mr. Wheeler recommended that it be advertised for public hearing on the !9th of December. Motion was offered~by Mr. Thacker to advertise for public hearing on December 19, 1974 at 10:30 a.m. in the Board Room. Motion was seconded by Mr. Wood, and carried by the following vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Memorandum regarding a Go-Kart facility was introduced by Mr. Batchelor, for inclusion under zoning ordinance. "October 29, 1974 Mrs. Ruth M. Miller Zoning Administrator 411 East High Street Charlottesville, Virginia 22901 RE: Go-Kart at Former Avon Street Landfill Site Dear Ruth: This is to inform you that I am in accord with your opinion that a go-kart track owned and/or operated by the City of Charlottesville is not a public facility within the meaning of Section 2-1-19 of the Albemarle County Zoning Ordinance. I believe that it is the intent of this section to permit the establishment of facilities related to the governmental functions of sovereign bodies. I do believe that this section was intended to cover this sort of essentially commercial operation the only connection of which to an agency of the sovereign is that the land is owned by a City. Moreover, I believe that the term "local government" in this section of the Ordinance refers only to the government of the locality in whose jurisdiction the property is located, i.e. the Albemarle County government. For theset~reasons I believe that this matter should be treated as an application for a new use under Section 11-4 of the Ordinance. Sincerely yours, (Signed) Frederick W. Payne Deputy County Attorney" During discussion, it was pointed out by Mr. Payne that it would have to be referred to the Planning Commission for their recommendation. Mr. Wheeler suggested that a motion be brought forth to recommend this be referred to the Planning Commission under "Special Use" section. Mr. St. John felt in order to save time he would call Mr. Huja of the City, tell him to apply ~ ...... ~ ...... ~= and simultaneously make application for~ special use permit. 360 1i-i9-74 At present there is nowhere in the CoUnty where a Go-Kart facility can be located due to Zoning. Mr. Carwile made motion to get a recommendation from the Planning Commission as to what zones the planner would recommend for Go-Kart~ which was seconded by Mr. Thacker, and carried by the following recorded vote. AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Mr. Batchelor brought the subject of refund of personal property taxes before the Board. A refund is necessary in the amount of $1,949.95 for personal property. Account was under budget this year for this amount. These were erroneously assessed taxes. We need to appropriate this amount to Code 0-1001 to take care of these refunds. (NOTE: Re: Refund Procedure, refer to Mr. Jim Bowling's letter to Mr. Melvin Breeden Department of Finance, dated November 8, 1974.) Mr. Jim Bowling noted that there is a specific procedure to be followed in giving refunds to taxes. The proper procedure is that the Director of Finance must present a certificate to the Board of Supervisors that the refund is erroneous under consent of the County Attorney; then the C~a~:~=~ directs the Finance Department to give the refund. Refunds can be made only two years back. Mr. Batchelor advised that this request requires an appropriation of $1,949.95, but the year 1971 will have to be eliminated from this request. Due to this discrepancy, this matter was deferred until next month. Request from the Virginia Association of Counties for an increase in yearly dues. Mr. Wood noted that an appropriation is needed to cover additional expenses for purchase or renta~ new facilities and offered motion to approve appropriation of $624.00, however,/motion died for lack of a second. It was the concensus of the Board that .no action be taken until after the Virginia-Association of Counties Annual Meeting. as follows: "VIRGINIA ASSOCIATION OF COUNTIES EXECUTIVE BOARD MEETING August 9 and 10, 1974 RESOLUTION BE IT RESOLVED THAT the By-Laws of the Virginia Association of Counties be and hereby are amended as follows: ARTICLE II MEMBERSHIP DUES "(a) The annual membership dues of a county shall be six cents (6¢) per capita for each jurisdiction, provided that no jurisdiction shall pay mem- bership dues in excess of 9ighteen thousand dollars ($18,000).,. in any one fiscal year. The population of the county shall be the current estimsted population as determined by some competent research agency selected by the Executive Board such as the Tayloe Murphy Institute of the University of Virginia. '(b) Beginning in the fiscal year 1'975-76, the Executive Board is authorized to set the membership dues at such a per capita rate as is necessary to provide for the expenditures of the AssociatiOn for' each fiscal year; provided, however, that no coqnty shall pay more than $18,000 in any one fiscal year. '(c) No county whose membership dues are not fully paid at least prior to the date of the Annual Meeting shall be considered in good standing or entitled to vote at such meeting." Mr. Fisher offered a motion to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors, Albemarle County, Virginia, that $4,108.68 be and the same hereby is appropriated from the general fund and trans- 361 7 ferred into the general operating fund for expenditure of County Attorney's office and expenditure of thsse funds is h~reby approved. Foregoing resolution was seconded by Mr. Henley, and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler, and Wood. None Equalization of Pay Ordinance was adopted on June 20, 1974, but no appropriations were made at this time to cover this ordinance. Paymenv only includes citizen members and does not include staff or Board members. The total appropriation required at this time equals $4,900.00. Mr. Thacker offered motion to ~ the Equalization of Pay Ordinance, motion was seconded by Mr. Carwile and the following resolution was adopted by the following recorded vote: AYES: NAYS: None Messrs: Carwile, Fisher, Henley, Thacker, Wheeler, and Wood BE IT RESOLVED by the Board of SGper~isors, AlbemsrlaCounty, Virginia that $4,900 be appropriated from the General Fund and transferred vo the General Operating fund: Jail Board (2 members x 2 meetings a month) Board of Zoning Appeals (5 members x 1 meeting a month) (Less $t,000 already appropriated in the budget). 1,000 Community Action Organization ( 1 member X 1 meeting a month) 300 Joint Airport Commission (3 members X 1 meeting a month) 900 Thomas Jefferson Planning District Com- mission (1 member x 1 meeting/month) 300 From the General Operating Fund to the School Fund: $1,200 6B100 10El40 18c.3 21 18B.6 Piedmont Community College Board of Directors (4 members X 1 meeting/month) 1,200 1SE.1 · O~A~ $4,900 and expenditure of these funds is hereby approved. Mr. Fisher again brought up the matter of Board members who serve on the Planning Commission and Welfare Board being paid compensation for such services. The Board was in agreement that this matter should be discussed on December 19, 1974. Mrs. Marian Rabinowitz, Chairwoman of the Jail Board, and Mr. Albert Shank, Jail Administrator were present on behalf of the Jail Board to request approval for hiring of three additional correcvion officers, part Of whose sa.laries have already been approved by the State Compensation Board. At present the facility is at capacity for male prisoners, and it is impossible to run with a skeleton s~aff. The share the County would have to pay is $1,574. ~ \ \ Mr. Henley pointed out there ware a number of problems whic~necessitated the need for the three additional officers, and offered motion to adopt the f~llowing resolu- tion for approval and appropriation of the $1,57~. BE IT ~ESOLVED by the Board of Supervisors, Albemarle County, Virginia that the budget of the Regional Jail be increased by the following amounts: 1~9 - Compensati,on -, Assistants $13,122 2~ - Hosnitalization Insurance-Employer's 330 ~ Sha~e ~ 362 11-19-7~, 296 - Life Insurance - Employer's Share $ 41 297 - Retirement - Employerts Share 236 298 - Social Security - Employer's Share 767 TOTAL $14,496 To be provided as follows: 626 - Salaries $ 9,444 722 - City of Charlottesville 3,368 723 - County of Albemarle 1,68~ TOTAL ~ and, BE ~T ~HRTHER RESOLVED that the sum of $1,574 be transferred from the General Fund to the General Operating Fund for County share of expenses of the Regional Jail, and expenditure of these funds is hereby approved. Mr. George Gilmer, Jr. wanted to speak to the Board regarding the possibility of the City Police'Department handling transportation of prisoners from the City, .......... County and Sheriff's offices. Mr. Fisher seconded Mr. Henley's motion to approve the Jail Board's request for the additional correction officers. Mr. Gilmer pointed out that he felt the request should be further investigated regarding overcrowdedness of jail and how to handle situation. He felt there were a lot of unanswered questions. He felt vacations and taking prisoners to the hospital w~e only unusual circumstances, and they would not need the additional personnel all the time. Mrs. Rabinowitz stated that they w~re not unusual circumstances, but everyday occurrences. Mr. Thacker 'asked haw~transportation of these prisoners had been handled in the past. Mr. Shank stated the City Jail would send by Jail Personnel or Road Deputies, and ./---the County likewise /but the C~a~.ly does not have Road Deputies. Mr. Batchelor stated that he spoke to a former County employee who said if any- one gets sick , there is no one to replace himo~ey are working overtime and weekends, both Saturday and Sunday. Mr. Thacker at this time brought~up a point which was later suggested should be brought up at the meeting of the Virginia Association of Counties in Richmond. His point was that at the present time there are 22 prisoners presently being held for transfer to the State system with one offender having a sentence of 77 years. These prisoners should not be held in the County Jail System, it is costing the county money that we should not be paying out, and we do not have the facilities to handle this large number of prisoners. Zt should be brought to the attention of the State as soon as possible. Mr. Wheeler returned to the original request for the additional three correction officers, and motion was carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, ~heeler, and Wood. NAYS: None Mr. Clarence McClure, Superintendent of Albemarle Count.y Schools was present to discuss Bingo Permits. He suggest~that since the P~.~T.A. is literally part of the school sys~emj the Board allow a general permit to the school system. !Mr. Wheeler stated that one person had to be responsible. Mr. Bowling suggested 11-19-74 a permit be issued to the School Board and they in turn could delegate authority. Mr. Fisher pointed out tha~the one person appointed had to make sure reports were made as to how revenues are received and expanded. If one person would take this responsibility, then a blanket permit could be issued. Mr. McClure said the responsibility would be his, the leg work would be done by the Assistant Superintendent of Schools. Mr. Fisher pointed 'out that they cannot act on a permit until an application is received on behalf of the sahool system. Mr. McClure will take care of filing the application for the Board's approval on the 19th of December, 1974. Mr. Carwile offered motion to adopt resolution regarding Title !II funds in the amount of $8,334.00 in these three categories: 17Q(a), 17Q(b2-205), 17Q(b2109a). Motion was seconded by Mr. Wood. There was no further discussion, and motion was carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler, Wood NAYS: None BE IT RESOLVED by.the Board of Supemvisors of Albemarle County, Virginia that the sum of $8,334.00 be appropriated from the School Operating Fund and Coded as follows: 17Qa-218 $ 300.00 17Qb2-205 3,500.00 iYQb2-109a 4,534.00 $8,334.00 Another subject discussed with Mr. McClure was the sale of Albemarle County School Board property to Randolph A. Maupin, said land designated as Parcel 4 on Tax Map 17. Mr. St. John made reference vo appraisal made by Mr. James A. Nunnally and that Mr. Maupin's offer of $1,000 is reasonable. Mr. Thacker did not like the idea of a personal sale of County property. He felt that any disposal of public property should be done in a public manner would like to see it advertised and have sealed bids received. After some further discussion along the lines of sealed bid advertising, motion was made by Mr. Thacker and seconded by Mr. Wood that the parcel of land presently owned by the School Board be advertised, and sealed bids be received for it's sale, with the School Board having the right vo accept or reject all offers. AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler, Wood NAYS: None Mr. Wood brought to Mr. McClure's attention thav at Woodbrook School there is a well lot owned by the County, but not being used at the present time for anything. It is constantly being vandalized and is a hazard. Mr. McClure said~is a hazard, and if the County will transfer it to the School Board, they will have the building demolished. Mr. Wheeler suggested that Mr. Batchelor check into the matcer. Mr. Kelly P. Reynolds was present to request the Board to authorize funds for .~ service and inventory of fire hydrants in the County. He stated he wants authority to service the County hydrants, locate all hydrants and mark them on the map. At 11-19-7~ present there is no map showing location of these hydrants. He wants to check them out for flow, pressure reading, make sure they work, graphite the threads, replace gaskets if needed, clear grounds around them, stamp on identifying number, plot on map and then paint it. Reasons for this are not only to locate.the hydrants for fire purposes, but also for fire insurance purposes. Mr. Reynolds suggested that off-duty firemen would be the best source of labor to handle this inspection procedure~ and that this inspection be conducted on a semi-annual basis. Mr. Wheeler commented on the situation of non,working fire hydrants. He felt a price of approximately $2.00 each would be money well spent. Mr. Henley wanted to know why the County Service Authority cannot handle the servicing of hydrants. Mr. Batchelor stated that the Service Authority is small, and probably would not be able to get to it. Mr. Henley pointed out that all the volunteer firemen could do was to map out their locations, and the Service Authority could not only map, but repair at the same time. Mr. Batchelor stated that if the Service Authority were able to do the work on the hydrants, they would have to charge the County back because it is the County's duty to provide fire protection. Mr. Thacker agreed. Mr. Batchelor pointed out that there is a need for a thorough'study on the hydrant system, there are many hydrants in Scottsville for instance (th~s would mean major repairs) which do not work at all. Mr. Henley stated that the Service Authority could maintain and the County pay for expenses. Mr. Wood offered motion to authorize the County Executive to request the Service Authority to handle this and coordinate this work with the ~ire Marshall. Motion was seconded by Mr. Carwile and motion was carried by the following recorded vote: ~. Carwile, Fisher, Henley, Thacker, Whee ler,~Wood~ AYES: Messrs. NAYS: None~ or Mr. Fisher menvioned Mr~ Leggett of Flordon Subdivision had requested 2/3 more He hydrants~then wrote Mr. Batchelor requesting Jefferson C~un~y Firemen's Association /the the proceed investigat~gIvy/White Hall hydrants i~/budget this year and request recommen- dation for Flordon, he is no~ sure the Firemen's Association should handle~Y~~~ In relation to the above hydmant problem, the members of the Board discussed the overall problem of hydrants and that many more are required to make an effective system. Mr. Wheeler suggested that Mr. Batchelor draft a resolution for the December how vo handle the hydrant problem. ~ ~~-~ 19th agenda on The next item to be discussed on the agend~ was the Lease o£~he'Mountain House Farm. Mr. Frederick Payne, Deputy County Attorney had asked for extended period and did research at the Attorney General's office, and made the following explanation of the Lease: 3,6 5 Research was done and they found it was unlawful for the County to have a five year lease. Therefore, they have a one year lease renewable for periods of one year automatically with arrangements for termination with thirty days notice. Have also included a provision that provides the lessors (Mrs. Haskel and Mr. Brown) will not terminate this lease except due to causes stated in the lease such as nonpayment of rent, etc. during a three year period of time. In effect, the County does have a three year lease. The County however, can terminate this lease at the end of one year if desired. The reason is that State law prohibits the County from binding vhe revenue of the County for more than one year at a time. It will take one month from the signing of this contract t~ get a change order from the F.C.C. and units are presently being installed on the towers themselves. Motion to authorize the Chairman to sign the following lease was offered by Mr. Thacker and seconded by Mr. Carwile, and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler, ood, NAYS: None~ "THIS AGREEMENT, made this 19th day of November, 1974, by and between ANN ROBINS HASKELL, owner, and J. NELSON BROWN, tenant, hereinafter collectively referred to as Lessors, and the COUNTY OF ALBEMARLE, hereina£ter referred to as lesses, WITNE S SE TH : That the Lessors hereby rent and demise unto the Lessee a portion of that certain tract or parcel of land lying on Patterson Mountain in Albemarle County, Virginia, known as Mountain House Farm, sufficient for the installation of one radio communications base station unit, hereinafter more particularly described, for a term of one (1) year from the date hereof. For and in consideration thereof, Lessee agrees to pay to Lessors a rental cal- culated as follows: At the end of each period of six (6) months from vhe date hereof, Lessee shall pay to Lessors a sum to be determined according to the number of mobile units in use during such period by L6ssee as follows: (t) 1-10 units, $150.00 (2) 11-20 units, (3) 21-30 units, $255.00 (4) over 30 units, $255.00 plus $3.00 for each unit over 30. Any rental payment not paid by Lessee within fifteen (15) days of the due date thereof shall be subject to a late charge of 6%. In the event that any rental installment to be paid hereunder remain unpaid after thirty (30) days from its due date, Lessors may terminate this agreement and declare the balance of the agreed rental immediately due and payable. At the expiration of the term hereof, this agreement shall be extended automatically for successive periods of one (1) year unless sooner termin- ated by either party by written notice given at least thirty (30) days prior to the expiration date hereof or of any successive yearly extmmsion hareof. Lessors a~ree that they will not exercise their right to terminate this agreement for a period of three (3) years from the date hereof excepv as other- wise specifically provided herein or upon a showing of good cause. The parties hereto further agree as follows: Lessors agree to supply 117 volt AC single phase power to Lessee's equip- merit ~n an amount not to exceed 500 watts. In no event, however, shall Lessors be liable for any failure to supply power caused by forces beyond their control. Lessors agree to provide ouvside antenna mounting space on existing struc- tures upon Lessee's request, provided that Lessee submit to Lessors a detailed sketch showing point and method of fastening and overall height of antenna. No new antenna shall be mounted nor any existing antenna changed without Lessors' written permission. Lessors agree to permit access at all raasonable times and upon reasonable notice by Lessee or its authorized agent to install, inspect, maintain, repai.r and otherwise service the facilities to be installed hereunder. Lessors agree to take reasonable precautions to prevent unauthorized persons from gaining access to communications equipmen~ installed hereunder. Lessors disclaim any and all liability relating to the ~nm~allation,. operation or failure of any communications equipment or antenna system erected hereunder. Lessee agrees~to pay all installments of rent when due. Lessee agrees that the outside dimensions of the base station unit to be 366 11-19-7h installed hereunder shall not exceed seventy (7Q) inches in height, twenty-five (25) inches in width, and twenty-five (25) inches in depth, exclusive of struc- tures to provide protection from outside weather. Lessee appoints Piedmont Electronics Company, its authorized agent for purposes of installing and servicing the said communications equipment in com- pliance with regulations of the Federal Communications Commission. Lessee agrees that, ~n the event it becomes necessary for Lessors to take legal action to recover the agreed rental hereunder, Lessors may recover their costs from Lessee including equipment removal costs, costs of suit and reasonable attorneys~ fees. It is understood and agreed by all parties hereto that J. Nelson Brown shall be entitled to 100% of all rental payments made pursuant hereto for so long as he shall retain his present interest in the Mountain House Farm property. The parties hereby agree and represent that this agreement constitutes the entire understanding between them as to the subject matter hereof and that all prior agreements, promises and representations are merged herein. This agreement may only be modified in writing. This agreement is executed in triplicate, each of which is equally authentic. IN WITNESS WHEREOF, we set out respective hands and seals. (signed) Ann Robins Haskell (signed) J. Nelson Brown (seal) (seal) ATTEST: (signed) June T. Moon Deputy Clerk ALBEMARLE COUNTY BOARD OF SUPERVISORS By(signed) Gordon L. Wheeler, Chairman Report on all open Zoning Violations for period from January 1 to October 31, 1974 were presented to each Board member. Re: V-74-09, Mr. Wheeler said the Louise Scott mobile home listed on the report had been'moved to the location approved by the Board, SP-409 Re: V~74a55, Keswick Country Club was discu-ssed. case is set for trial on January 21, 1975, and that public restaurant until after the trials conclusion. check be made by an inspector during the interval. Mr. St. John stated that this management would not open the Mr. Wheeler suggested tha~some Mr. Fisher questioned if any of the soil erosion cases have ever come to court. Mrs. Miller answered yes, the case against LeRoy Snow is due vo come to court in December. Warrant sworn on Dr. Hurt, Re: Barracks Farm and will be heard. The one on the Rust Estates was checked, they have come into compliance, and no warrant was issued. Ragged Ridge was heard on October 30, 1974 and continued. Tiffany case con- tinued at his request. No other discussion by the members of the Board. Mr. Wheeler noted a violation by Black Industries (V-74-44). Mrs. Miller said she had spoken to a Mr. Brickle who represented Black Industries. He said he would talk to Mr. Black since t..heir permit was revoked, and they would have to reapply. Mr. Wheeler also asked the Zoning inspectors to check out Sweeney's Auto Grave- yard on Route 53. There is a new home being built across the road and he didn't know if this was co~ered in the Zoning Ordinance. Mr. Fisher felt this was a good way to keep Board members advised. Request was brought before the Board to appoint a temporary Zoning Administrator, while Mrs. Miller is on vacation or absent, someone can cover the position. Mr. St. John Suggested that the title be ~Deputy Zoning Administrator" and not 11-19-72 temporary. Mr. 367 Robert Tucker, Assistant County Planner was suggested for the post. Motion was offered by Mr. Carwile to appoint Mr. Robert Tu~ker as Deputy Zoning Ad- ministrator. Motion was seconded by Mr. Thacker, and motion was carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, H~nley~ Thacker, Wheeler,andv~Wood~ NAYS: None° Mr. Thacker offered motion that the name of Mrs. L. Gordon (Anne B.) Dorrier, Sr. to replace Ms. Virginia Moore. be submitted for appointment to the Library Board~ The term would begin immediately and run through June 30, 1975. This motion was seconded by Mr. Wood, and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler, and Wood~ NAYS: None~ Request was received from Region X Community Mental Health & Retardation Services Board, asking that the Board concur with the following appointments: Mrs. Bettie Kienast of Troy, Virginia representing Louisa County; Dr. Charles Perkins of Louisa, Virginia, representing Louisa County; and Mrs. Mary Wetsel of Ruckersville, Virginia, representing Greene County. These appointments would be effective January 1, 1974 for a period of three years expiring January 1, 1977. Mr. Wood made a motion to accep~ these people onto the Mental Health Board in concurrence with Mr. Hodous'~request, and motion was seconded by Mr. Carwile and carried by the following vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler,~ood ~ NAYS: None~ Mr. Thacker offered motion to reappoint Mrs. T. Earl Wood to the Region X Com- munity Mental Health and Retardation Services Board. The appointment would be for a three year term vo expire December 31, 1977. This motion was seconded by Mr. Fisher and motion was carried by the following recorded ~ote: AYES: Messrs. Carwile~ Fisher, Henley, Thacker, Wheeler and Wood~ NAYS: None. Mr. Wheeler said the Board members must make appointments to ~he Solid Waste Board, requesting three members be from the County, three from the City, and three from the University. The following were suggested by Mr. Fisher, Wood and Wheeler. Mr. Robert Bruce Hogue of Charlottesville Mr. Preston A. Coiner, of Charlottesville Mrs. Darlene L. (Jame~s) Samsell of Keswick Mr. Wheeler suggested th~se names be put on the agenda for the December 19th meeting, and he will speak to the oity. Regarding appointments to the Housing Committee, Mr. Whee~er asked each member for one name to be appointed to the Board. Names were submitted by Messes: Fisher, Thacker, Wheeler and Carwile as follows: Mrs. Kate S. (William) Sandusky, of Charlottesville Mrs. Rosa B. Hudson, of Esmont Mr. Earnly O. Chapman, of Keswick, Virginia Mr. Jason I. Eckford, Jr., of Charlottesville 3 6 11-19-74 Mr. Wood and Mr. Henley did not submit names. Mr. Wheeler suggested that the above four be appointed and that any others be brought up at the December llth meeting. Mr. Thacker made motion to appoint the above four persons. Motion was seconded by Mr. Carwile, and carried by the following vole: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler, and Wood None Discussion of the last thing to be handled on the agenda~was adoption of a Pay and Classification Plan for Albemarle County Employees, excluding school employees. Mr. Wheeler pointed out that at the last meeting there were two motion~ one from Mr. Fisher, and one from Mr. Thacker. There seemed Lo have been support for both motions, so in order to resolve, Mr. Wheeler asked both these men work together~ and develop a compromise. ~ Mr. Fisher reports at last meeting summation was presented~ There was concern over the correctness of some of the figures originally submitted by the staff to the Board of Supervisors, so Mr. Fisher went over them himself. In his review, and also with the review done by the County Staff, some 18 figures have since changed which would increase the Board proposal by some $16,000 instead of the previously stated total of $5,000. Mr. Fisher said he and Mr. Thacker met at the request of the Chairman to Lry and arrive at a compromise they could both support. They felt that both the Public Employment employees and the Sheriff's Office employees should be included in the adop- tion of this plan and added to the cost so the total amount of the plan would be known. Basically, under their compromise every employee received some increase and is put on one of the steps of the consultantts proposal. This is not necessarily either the step that vhe consultant's recommended or the one included in the Board's proposal or proposal No. 4. Most of the controversy has centered around the higher salaried employees. This compromise includes approximately a five percent increase rounded off to the nearest step in the consultant's proposal. This, in conjunc.vion with the five and one-half percent increase that was given ~ July would give a minimum of about 10.8% for any employee this year and some-will receive much more. Mr. Fisher- said although it can be argued that this is inflationary, he ~ willing to support this compromise and he then offered motion to adopt a Classification and Pay Report for Albemarle County E~ployees~ as prepared by Friesz, Lowe and Schroeder, and dated August,. 1974., with certain salaries and classifications being adjusted by compromise proposal No. 3~, implementation date to be November 1, 1974. The motion was seconded by Mr. Thacker. He said he has been concerned that the Board's proposal did not cover all employees and did nov establish a pay and classification plan. This compromise does at least get everyone on the plan e~en though the classification part still needs additional work. This will give the Board a basis from which to work. Mr. Wood said he is still concerned that although an attempt has been maHe to compromise~the compromise is "pretty blasted low". He felt Mr. Fisher is confusing pay increases with positions and personalities and not looking at the overall objective of the pay-classification plan or the job descriptions. He said a few people are being penalized and at a very small cost to the County. Mr. Wood did not think the implementation of this plan can be considered a pay increase. He gave an example~ne salary which had been cut from $18,564 to $13~836. If a new person has to be trained for that position~or if the salary must be brought in line at a later date, this will be a pay increase and inflationary. He does not want to go to the citizens with a 30% increase in salary in the next budget~ but feels this will be the result of this cut. Mr. Wood said the committee cut the salaries of only five to eight people and for such a small amount of money he did not feel it is worth the comprom~ just to have an unanimous vote and feels adopt proposal #4. He said the Board is to have consultants make a study of job recommendations. Mr. Henley said Mr. Wood had broug~ pay plan from the beginning. He support can satisfy everyone. Mr. Thacker said in arriving at the singling out any particular member of t? staff and wonders if the Board appreciat deserves an increase. But, in arriving amount of increase at five percent, too~ the five percent factor and then moved t proposed salary schedule. This was not employee. Mr. Carwile said in some case the first step in the class. Mr. Thackc classification steps, which may or may ~ in c.ertain circumstances~ the five pefco salaries beyond Proposal No. 4. None of No. 4, in most cases it is the same. Mr. Wood agreed that the Board has make sense to take part of the scale and proposal and then try to decide for the percentage of increase. The Pay-Classi£ It is based on the job descriptions of e and not on individuals holding those pos given a five percent increase and the ne continuity of the plan is destroyed. He se. He will not vote for the compromise strongly that the Board should defeating its objective when they asked descriptions and do not follow the .t out the reasons he was against the s the compromise and did not feel the Board compromise, there was no intention of e staff. He said the County has an excellent es the staff. He feels the entire staff at this compromise they established a maximum the Board's previous proposal~ applied hat person to the nearest step on the intended to reflect on any one individual s, this compromise does not even reach r said they did not consider the ot have been a mistake. Mr. Fisher said nt factor would have taken certain the proposed salaries go beyond proposal a fine staff, but felt that it does not adopt salaries on the consultant's remaining employees who deserves what ication Plan is not based on that theory. very job in the general county staff itions. If one person is arbitrarily xt one is moved to the next step t~he felt implementation of the plan will be less costly now, then to have the few poHt. ions which have been stricken, come back for a tremendous pay increase at budget time next year. Mr. Henley said Mr. Wood put himself in a box at the last meeting by saying that he would not approve anything except merit increases. Mr. Carwile said he had said that he would not support a plan for automatic increases. This did not mean that the Board would not give a cost of living increase regardless of whether anyone received a merit increase. Mr. Wheeler said when the Board increases an employees pay check they have given him an increase in pay regardless of whether the plan is implemented. To say this is not a pay increase is not rational. Mr. Fisher said the employee mentioned by Mr. Wood would have received a 95% increase in salary over the past 15 months if the compromise had been predicated on the consultant's proposal. The Board has already given that employee a 38% increase over the past 12 months. The compromise proposal will be about 45% in 17 months and that is as much as he is willing to go along with. Mr. Wood said he cannot support what has been said. He said the Board is talking about personalities and that is what they have been trying to get away from. He said the Board should deal with positions which is the purpose of this plan. There is not a person on this Board who is qualified to make the analogy Mr. Fisher just made and he disagrees. The Chairman called for a vote at this time and the motion carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker and Wheeler. NAYS: Mr. Carwile and Mr. Wood. Mr. Batchelor said that County employees have long been paid in the lowest 25 percentile in this community. The adoption of this pay-classification plan goes a long way in rectifying this situation and he is glad that a pay increase has finally been given to all general county employees. There are some adjustments that he hopes the Board will work on in the future. Mr. Thacker note~ that there are still some inequities in the plan, but is not completely finalized and he hoped that the Board will move toward correcting these deficiences in the future. Everyone on the general county payroll has received some increase and this is a basis on which to build an-'~effiaient~pay plan. Claims against the County in the amount of $2,875,752.49 were presented, examined, and allowed and certified to the Director of Finance for payment and charged to the following funds: General Fund General Operating Fund School Operating Fund Cafeteria Fund $1,327,071.57 372,381.19 864,742.60 iJ30~126.13 11-19-74 371 Textbook Rental Fund General Operating-Capital Outlay Fund School Construction-Capital Outlay Fund Joint Security Complex Fund Town of Scottsville: Local Sales Tax Commonwealth of Virginia: Current Credit Account Total $ 7,116.49 71,124 52 66,291 75 136,014 85 192 90 690 49 $2,875,752 49 At 12:35 P.M. the Chairman~ requested a motion to adjourn this meeting until 4:00 P.M. on December 11, 1974, in the Board Room of the County Office Building. Motion to this effect was offered by Mr. Carwile, seconded by Mr. Fisher and carried by the following recorded ~ote: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. AYES: NAYS: Chairman