1974-12-11SPECIAL12-11~74 (Special afternoon)
Pursuan't to the following notice, which was hand delivered on December 5, 1972,
the Board of Supervisors of Albemarle County, Virginia, met in special session at
1:30 P.M. on December 11, 1974, in the County Office Building Conference Room,
Charlottesville, Virginia, with the following members:
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.
"This is to give notice of special meeting called by Mr. Stuart F. Carwile and
Mr. Gordon L. Wheeler for the purpose of discussing the signing of the County/City
Landfill Contract."
Messrs. Carwile and Wheeler have asked that this meeting be held at 1:30 P.M.
on Wednesday, December 11, 1974, in the Conference Room of the County Office Building."
The meetin~ was called to order at 1:40 P.M. Mr. Wheeler said the Mayor has
signed the agreement for joint operating of the Ivy Landfill and the Board is being
asked to approve the agreement today.
Mr. Fisher pointed our to the Board that there was one significant change in the
contract from the one the Board approved several weeks ago; "Page 3, Paragraph 6"
which refers to allocation of costs of the landfill between the City and the County.
The method described seems unduly cumbersome
Mr. Carwile stated he saw no problem with handling the allocation of cost in the~
manner described.
Mr. Batchelor stated this is the only way the jurisdictions can be billed and
make sure they are paying for what is being generated in their area.
Mr. Wheeler stated that during negotiation of the contract, it was decided that
each jurisdiction would pay according to use.
Mr. St. John confirmed that for the first year of the landfill operation the
City and County will each pay 50% of the operational costs.
Mr. Thacker said this agreement represents a compromise that everyone can work
with. The agreement is in the best interest of the "Community"; not just the City
or the County.
Mr. Thacker then offered motion to approve and authorize the Chairman to sign
the contract o~ behalf of the County. Second to this motion was made by Mr. Carwile.
Roll was called, and the motion was carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAY~$ None.
Immediately after rol~ was called, Mr. Gerald Tremblay, representing several
persons in the Ivy District who are party to the Landfill suit, asked signing of the
Contract by Mr. Wheeler to be held off until he made a statement. He requested.:that
(~pecial afternoon) 12-11-74
374
two sentences be inse~d into contract before signing.
clients wo~ld no longer ~pose this use of the property.
paragraph fOur of the agreement.
He said if they are, his
First a substitution for
P]aragrap~ (4)
Such representatives shall consult and agree upon all
measures concerning the operation of the landfill site and shall
take al'l necessary measures to insure that it is operated in a safe,
sanitary and efficient manner in full compliance with all applicable
federal, state and local regulations and specifications and with
sound engineering principles and safety requirements, this
compliance to be in complete effect within 90 days of the execution
of this agreemant and to continue until such time as the use of
the landfill may be discontinued.
~-,£~er Paragraph 7
City and County agree to immediately provide adequate police
patroling of that portion of State Route 637 from its intersection
with Interstate Highway 64 to the Ivy Landfill site entranceway
during the hours when the landfill is in use to insure that all
traffic conforms to established traffic regulations and that all
refuse conveyances are adequately covered to prevent littering.
Mr. Tremblay stated that these citizens of Ivy are concerned that the road be
upgraded immediately and are also concerned about the day to day operation of the
landfill.
Mr. Wheeler answered Mr. Tremblay's request by sa~gC~t~at the road is top
priority and there will be improvements in the operation of the landfill according to
State regulations.
Mr. Batchelor stated that both landfills have been inspected by the State during
the last two weeks and they are now better than state expectations.
Mr. Thacker stated that addition to paragraph seven should be discussed with
the Sheriff's Department to see if they can comply with the request.
Mr. St. John said the record should show that both the City and County Attorney's
had confided the convents of this agreement to Mr. Tremblay before it was presented
for signing. Although, he has a right to make this request, City Council has
alrleady acted on this agreement. If anything is added at this time, the County
cannot present this contract to Judge Berry today. He asked that the contract be
signed and this proposal be incorporated at a later time.
Mr. ~remblay sa~d he'~will~.m~ke.~h~s statement to the Judge. He would like
to have his proposals incorporated before the Judge signs the final decree.
The text of the Agreement signed is set out below:
THIS AGREEMENT, made and entered into this llth day of
December, 1974, by and between the CITY OF CHARLOTTESVILLE, VIRGINIA,
a municipal corporation and the BOARD OF SUPERVISORS OF ALBEMARLE COUNTY,
VIRGZNIA, a political subdivision of the State of Virginia.
WITNESSETH:
WHEREAS, the City of Charlottesville has attempted for many months
to secure a site for development as a sanitary landfill which is both
suitable to serve the solid waste disposal needs of its citizens and
acceptable to the zoning authorities of the County of Albemarle; and
WHEREAS, this search has proven unsmccessfu! and has led to
severe differences of opinion producing costly and time consuming
litigation which has been burdensome to all parties; and
12-11-74 (Special afternoon)
WHEREAS, the Circuit Court of Albemarle County by decree
entered June 7, 1974, directed the Board of Supervisors to recon-
sider the City's applications for special use permits at certain
landfill sites and if the Board failed to grant either of such
permits, to propose another landfill site for the City's use; and
WHEREAS, pursuant to such decree the County has proposed its
landfill site at Ivy for joint use by the City and County, and it
appears to the governing bodies of both jurisdictions that this is
an acceptable compromise provided: (1) the Court, taking this
agreement into consideration, determines that the Ivy landfill
site is reasonable; (2) the Court enters a decree incorporating
this agreement therein; (3) all parties, including Ivy residents
who are intervenors in this case, are bound by such decree; (4) the
Court incorporates within such decree a finding that the City of
Charlottesville did not make any binding representations that its
use of the Ivy landfill would never be permanent; and (5) certain
provisions are made for improvement of the operation of the Ivy
landfill and for improvement of the highway access available
thereto,
NOW, THEREFORE, in consideration of the mutual benefits and
obligations herein contained the parties hereby agree to the
following terms and conditions:
1. This agreement shall become operative, and is conditioned
upon, the following: (1) the Court, taking this agreement into
consideration, determines that the Ivy landfill site is reasonable;
(2) the Court incorporates this agreement into a final decree;
(3) the Court enters a decree which will be binding upon all
parties including Ivy residents who are intervenors in this case;
and (4) the Court incorporates within its decree a finding that the
City of Charlottesville did not make any binding representations
that its use of the Ivy landfill would never be permanent.
2. Subject to Paragraph 11 hereafter, the City and County
shall at the earliest practicable date proceed to acquire fee
simple ownership of the land comprising the Ivy landfill site
from its present owners by purchase or condemnation, if necessary.
3. Operational control of the sanitary landfill at Ivy,
after fulfillment of the-conditions contained in Paragraph 1,
shall be immediately vested jointly in the City and County as
represented by the City Director of Public Works and County
Engineer respectively.
4. Such representatives shall consult and agree upon all
measures concerning the operation of the landfill Site and shall
seek to insure that it is operated in a safe, sanitary and effi-
cient manner in full compliance with all applicable federal,
state and local regulations and sound engineering principles.
Until certain litigation entitled City of Charlottesville v.
Board of Supervisors of Albemarle County is ultimately decided
upon appeal, or if no appeal if taken until time to appeal has
expired, City and County agree that all major capital expenditures
at the Ivy landfill will require the consent of both parties hereto.
5. It is anticipated by the parties that initial operation
of the landfill pursuant to this agreement will be performed by
City employees using City owned equipment. However, if at a later
date it appears disadvantageous for the City to continue use of its
own employees or equipment for this purpose, the County agrees to
cooperate in securing a contract for operation of the landfill by
a third party subject to the supervision and control of the City
and County representatives as hereinabove described.
6. For a period of one year following the fulfillmen~ of the
conditions contained in Paragraph 1 of this agreement or until such
later date as accurate figures on the tonnage of solid waste
entering the landfill from each jurisdiction may be available, all
operating expenses connected with landfill operations shall be
borne equally~ by City and County. The term operating expenses shall
include all direct personnel costs, cost of materials and supplies,
insurance, amortization of existing equipment and other commodities or
services furnished by either County or City in connection with landfill
operations. Thereafter, operating expenses shall be borne by City and
County in proportion to the respective tonnage being disposed of in the
landfill from each jurisdiction. Such proportion shall be recomputed
annually on the ~anniversary date of the first such computation. The
375
376
(Special afternoon) 12-11-74
ratio thus annually established shall be applied prospectively vo determine
the preliminary allocation of operating expenses between the City and County
for the ensuing year, and shall likewise be applied retrospectively to adjust
the relative amounts paid by the two jurisdictions for the preceding year. For
purposes of this agreemen~ solid waste materials originating from and disposed
of by the University of Virginia, its contractors or agents, shall be considered
to be part of the solid waste volume of County.
7. City and County agree, subject to Paragraph 11 hereafter, to begin
immediately and to proceed with all deliberate speed to secure the necessary
improvements to that portion of State Route 637 from its intersection with
Interstate Highway 64 to the Ivy landfill site entrance way ~n order to secure
safe and convenient access to the Ivy landfill for all vehicles and to protect
the safety of other citizens utilizing such highway. Recognizing that
construction of such improvements by the Virginia Department of Highways might
be subject to unacceptable delays, City and County agree to proceed to secure
the necessary contracts for design and construction of said improvements and to
acquire the necessary right-of-way in connection therewith subject to such
consultation and approval from the Virginia Department of Highways as may be
required by law and with a view to eventual acceptance of such improvements into
the state highway system.
8. Ail capital expenditures in connection with the Ivy landfill including,
without limitation, purchase or condemnation of land, construction of road and
other improvements, purchase of new capital equipment and engineering, legal,
appraisal or other professional services in conjunction therewith, shall hereafter
be borne equally by City and County.
9. Land to be acquired jointly by the City and COunty pursuant to this
agreement for use as a landfill site shall not be sold nor shall the interest
of either party therein be transferred or assigned without the joint consent of
the governing bodies of both jurisdictions and these parties agree to the
recording of appropriate instruments setting forth such restrictive convenant
following their acquisition of such property.
10. City and County agree that the ivy landfill w~ll be open to receive
refuse six (6) days per week, Monday through Saturday, from 8:00 a.m. to 5:00 p.m.
with the exception of December 25th.
11. City and County agree that Paragraphs 2 and 7 of this contract will
not become operative until certainilitigation entitled City of Charlottesville v.
Board of Supervisors of Albemarle County, Case No. 782-C, is finally decided on
appeal by the Supreme Court of Virginia.or, if no appeal is taken, until the appeal
period has expired. City and County further agree that this agreement shall be
considered temporary until the ultimate disposition of said case which is in a
manner consistent with the performance of this contract.
-IN WITNESS WHEREOF, the Council of the City of Charlottesville and the
Board of Supervisors of Albemarle County have caused this agreement to be
executed by their respective presiding officers and attested by their respective
clerks pursuant to resolution duly adopted at meetings of each such governing
body on November 27, 1974, and December 11, 1974, respectively.
CITY OF CHARLOTTESVILLE
ATTEST:
BY Charles Barbour (SEAL)
Mayor
J. $. Rush, Jr.
Clerk of the Council
BOARD OF SUPERVISORS OF
ALBEMARLE COUNTY
ATTEST:
Lettie E. Neher
BY Gordon L'. Wheeler (SEAL)
Chairman
Clerk
12-11-74 (Special afternoon)
Mr. St. John asked that he be authorized to endorse the FINAL DECREE on behalf
df t~.B~ard~'-iM0~on~..t~hiare'fg~c~tYwas~of~ed~b~ Mr~%~rwi~e~sec°nded by
M~-~Tha~ker:.~and:~h'e· ~oti6'~,:~arri~d"~y"the ~ol~owi~g-r~cordad ~o~e..
~YES: Me'ssrs. Carwile, Fisher, Henley, Thacker, Wheeler, and Wood.
NAYS: None.
Regarding the proposed study of the South Rivanna River Watershed; this
proposed study is to be presented for discussion to the Bo'ard of Supervisors and
City Council at a meeting to be held at Piedmont Community College at 7:30 P.M. on
December 17, 197a.
At 2:05 P.M. motion was made to adjourn this meeting until 4:00 P.M.,
December 11, 1974, by Mr. Fisher, and seconded by Mr. Wood. Motion carried by the
following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Chairman