1975-01-081-8-75
q29
A regular meeting of the Board of Supervisors of Albemarle County, Virginia,
Was held at 7:30 P.M. on January 8, 1975, in the Albemarle County Courthouse,
Charlottesville, Virginia.
, - Present: Messrs. Stuart F. Carw±le, 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. ~
Meeting was called to order at 7:30 P.Mi~ Mr. Wheeler immediately asked
Mr. Batchelor to be temporary Chairman of the Board until a new ahairman and Vice
ahairman were duly elected.
Mr. Batchelor asked for nominations ~for Chairman of the Board of Supervisors
to serve the term of January 1, 1975, throUgh December 31, 1975. Mr. Carwiie
offered motion to reappoint Mr. Wheeler as Chairman. The motion was seconded by
Mr. Wood, Mr. Thacker moved that nominatio~be closed. The motion carried by the
following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley., Thacker and Wood.
NAYS: None. "~
ABSTAIN: Mr. Wheeler.
Mr. Batchelor next asked for nominations for Vice-Chairman of the Board of
Supervisors to serve the term of January 1, 1975, through December 31, 1975.
Mr. Wood offered motion to reappoint Mr. Thacker as Vice-Chairman. This nomination
was seconded by Mr. Henley Mr Carwile moved that nominatio~be closed and the
motion carried by th~ following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Wheeler and WoOd.
NAYS: None.
ABSTAIN: Mr. Thacker.
Mr. Wheeler took the gavel and made the following remarks. He first stated
that 1975 was going to be a very busy year for the Board. Mr. Wheeler also thanked
everyone who made it possible for the Board to function efficiently during 1974.
He specifically thanked those who serve on the Board, Commissions, M~ss Neher and
staff, Mr. St. John and staff, and Mr. Batche!or and his staff. Mr. Wheeler noted
that it was a turbulent year for~the staff and the Board, but that hopefully all
will learn from the experience. Mr. Wheeler requested both the Board members and
the citizens of the countY to speak up and express their views in the running of
County Government. He cloSed his speech by suggesting that all members of:~he Board
work together, and continue to give Albemarle County the afficient and effective
government it deserves.
The first item on the agenda was the appointment of Barbara Flammia as Deputy
Clerk to the Board of County Supervisors. Motion for appointment was made by~
Mr. George St. John, County Attorney and Mr. T. M. Batchelor, Jr.
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Mr. Thacker, seconded by Mr. Wood, and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Mr. Batchelor next read' the designated meeting days, time's and places for all ~]
regular meetings of the Board during 1975, as follows: second Wednesday night of
each month, 7:30 P.M., Albemarle County Courthouse, ~ourth Wednesday night of each
month, 7:30 P.M., ~ha~arle County Courthouse, third Thursday morning of each month,
9:00 A.M., Board Room, County Office Building. ~
Motion to set these times and days was made by Mr. Fisher, seconded by
Mr. Carwile, and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Approval of Board minutes for August 14, 1974 was requested by Mr. Wheeler.
Mr. Fisher recommended the Following corrections in the August~ 14th minutes:
pa~e 51 - the word condominium was misspelled twice, page 62 - delete UMobi!e" in line
reading" .on that property to place the trailer within 200 yards of her home,"
page 66 - no indication that a public hearing was held on either special permits
SP'377 or SP-378.
August 15, 197~ minutes had the following corrections noted: page 76 by Mr. Thacker -
the sentence now reads "they have also written the Railroad asking them to check the I
bridge. Howe~r have been advised by the Railroad that they are having difficulty ~
in getting materials." After the word However, write in "the Highway Department has,"
page 73 - in two places word "vacant" should be vacate,'~ page 78 - "preceeding" should
be proceeding, page 90 - unanimous vote for Mr. Paige to the Welfare Board.
Motion to approve minutes for August 14 and 15, 1974 with the above noted
corrections was made by Mr. Fisher, seconded by Mr. Carwile, and carried by the
following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Mr. John Humphrey, County Planner, presented to the Board a request for a
restricted road for a 10-lot subdivision to be known as White Oak Park. Ail lots would
be between two and six acres, and the Planning Commission recommends approval with
the standard conditions for a 50 foot restricted road.~ The subdivision would be ~ i1
located between Route 20 and Red Hill. A Mr. Bell, representing the applicant, had
no comment to make to the Board.
Mr. Thacker asked if the subdivision would be subject to the normal Homeowners
~ss~ciation; Mr. Humphrey agreed it would. Motion for approval was made by Mr. Carwile, ~
seconded by Mr. Thacker and carried by the following recordeddv~te:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
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431
Mr. Darden Towe of the Dogwood Festival Committee came before the Board~
with the following requests. Mr. Towe asked the Board to keep the fourth
Wednesday in April open for the annual parade. He asked for some financial
support from the County. He hoped the Board would consider a float or some other
sponsorship such as a general mailing to advertise the Dogwood event.
Mr. Wheeler suggested any further contact regarding the festivat be channeled
through Mr. Batchelor's office. Next, Mr. Wheeler suggested that if police escorts
are required for the parade, Mr. Towe contact Mr. Bailey the County Sheriff.
Mr. Batchelor noted that no general mailing would be going out in the near future,
but that he could make available an updated computer tape of the names and
addresses of all property holders in the County.
The next item on the agenda was clarification of conditions to be attached
to lottery permits. 1974 legislation did not allow the Board to attach conditions
to permits during that year. However, since conditions can now be attached, the
staff presented, for readoption, conditions the Board had used in 1973. After a
short discussion, motion was offered by Mr. Henley, to adopt the following
conditions:
For Bingo games open to the public:
(1) Maximum frequency of operation - one p~r week.
(2) Hours of operation - 6:00 P.M. - 11:00 P.M.
(3) Use of proceeds - To benefit the general public.
(4) Days of operation - Any day, Monday through Saturday.
(5) Accounting of proceeds required by State Code.
(6) Permits to be valid from date of approval only for the
calendar year in which issued.
For Bingo games for private (membership) only:
(1) Maximum frequency of operation - one per week.
(2) Maximum hours of operation - 6:00 P.M. - 11:00 P.M.
(3) Use of proceeds - restricted only by State Code.
(4) Days of operation - Any day, Monday through Saturday.
(5) Accounting of proceeds required by State Code.
(6) Permits to be valid from date of approval~o~y f~r ~h~ea!endar
year in which issued.
Raffles - public events:
(1) Maximum frequency of operation - no restrictions given at
this time.
(2) Hours of operation - no restrictions given at this time.
(3) Use of proceeds - to benefit the general public.
(4) Days of operation ~- Any day, Monday through Saturday.
(5) Accounting of proceeds required per State Code.
(6) Permits to be valid from date of approval~O~Y g~r th~oalendar
year in which issued.
Raffles - private (membership) only:
(1) Maximum frequency of operation - unrestricted.
(2) Hours of operation - unrestricted.
(3) Use of proceeds - restricted only by State Code.
(4) Days of operation - Any day, Monday through Saturday.
(5) Accounting of proceeds required per State Code.
(6) Permits to be valid from date of approval~O~y ~ t~aalendar
year in which issued.
The foregoing motion was seconded by Mr. Fisher, and carried by the following
recorded-vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacke~, Wheeler and Wood.
NAYS: None.
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432
Mr. BatchelOr next presented to the Board a request for Lottery Permit for the
American Legion Post #74. He stated that on two occasions this permit has been issued
but to this date have not been used. Motion to renew lottery permit for the
American Legion Post #74 with adopted conditions was made by, Mr. Wood, seconded by
Mr. Henley, and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
The next item was discussion of off-street parking provisions Section 11-7-7(27),
11-7-7(28), 11-7-7(32), and 11-7-7(38) of the Albemarle County Zoning Ordinance.
Action on this matter deferred since October 9, 1974. No one from the public spoke.
Mr. Thacker noted that his main concern has been to establ±sh:standards so when an
applicant is seeking site plan approval the applicant would know the maximum
requirements.
He then offered motion to adopt the following amendment to the Albemarle County
Zoning Ordinance Article 11-7 (Off-Street Parking Provisions) in the following
sections:
11-7-7(27)
PRINTING AND PUBLISHING FACILITIES: One (t) space per
two (2) employees plus one (1) space per each 500 square
feet of floor area open to the public, for customer
parking, but in all cases a minimum of two (2) customer
parking spaces.
11-7-7(28)
PRODUCTION OR PROCESSING OF MATERIALS, GOODS OR PRODUCTS:
One (1) space per two (2) employees plus one (1) space
per each 500 square' feet of floor area open to the public,
for customer parking, but in all cases a minimum of
two (2) customer parking spaces.
11-7-7(32) TESTING, REPAIRING, CLEANING, SERVING OF MATERIAL GOODS
OR PRODUCTS: One (1) space per two (2) employees plus
o:Se (1) space per each 500 square feet of floor area
open to the public, for customer parking, but in all
cases a minimum of two (2) customer parking spaces.
11-7-7(38) WAREHOUSING AND WHOLESALING: One (1) space per two (2)
employees plus one (1) space per each 500 square feet
of fftoor area open to the public, for customer parking,
but in all cases a minimum of two (2) customer parking
spaces.-
Second to this motion was made by Mr. Fisher, and carried b~ the following vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Appointment to the Planning Commission was next on the agenda. Mr. Peter
Easter's name was placed in nomination by Mr. Carwile for a second term of office,
said term expiring on December 31, 1978. The motion was seconded by Mr. Wood and
carried by the following recorded PUte:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Mr. Thacker next placed the name of Mr. Kirk Gloeckner in nomination as a
member of the Planning Commission as a representative for his district. (This
appointment is to replace Dr. James C. Sams whose term had expired. This term to run
through December 31, 1978.)
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Mr. aloeckner is a registered professional engineer and land surveyor in
Charlottesville. Second to this nomination was made by Mr. Carwile, and
appointment was confirmed by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Mr. Wheeler next announced that an "at large" appointment must be made for
the Planning Commission. It was noted that three Board members had possible
nominees for the position. It was suggested by Mr. Wheeler that these three
nominees be introduced to the Board members during the forthcoming week, and the
appointment be made at the January 16, 1975 meeting. The three names placed in
nomination were: 1) by Mr. Henley, agro business representatives for National
Bank, Don Sibold 2) by Mr. Wood, lives in his district, Joan Graves 3) by
Mr. Wheeler, real estate broker and farmer, Ryland Moore.
Appointments to the Equalization Board were deferred until January 16, 1975
meeting. Mr. Wheeler noted that at least five (5) appointees are required.
Mr. Wheeler brought to the Board's attention that at the December 19, 1974,
meeting, Mr. Cary Jackson was reappointed to the Airport Commission. After the
appointment was made, Mr. Jackson informed the Board that he was not eligible for
another term of office. It was therefore decided to accept Mr. Jackson's
resignation from the Airport Commission, send him a letter of appreciation and make
a new appointment to this commission at the January 16, 1975, meeting. Motion was
made by Mr. Thacker to accept Mr. Jackson's resignation seconded by Mr. Carwile,
and carried by th~ following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
The following resolution was offered for adoption:
WHEREAS, by deed dated November 25, 1972, Continental Can
Company, Inc. conveyed to Albemarle County certain real estate
containing 302.15 acres, more or less, in the Samual Miller
Magisterial District, Albemarle County, Virginia, approximately
4.5 miles southwest of Ivy, for use as a sanitary landfill;
NOW THEREFORE, the Board of Supervisors of Albemarle
County hereby accepts said deed and authorizes its Chairman,
Gordon L. Wheeler, to execute said deed on behalf of Albemarle
County,-and its seal to be thereto affixed attested by
Lettie E. Neher, its Clerk.
Moti~on to adopt the foregoing resolution was made by Mr. Wood, and
seconded by Mr. Fisher. After confirmation by the County Attorney, that the
deed and resolution were completel~.~'~in order, vote was taken and the resolution
adopted by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAY, S: None.
434
1-8-75
Mr. Wood presented a petition to the Board requesting that the Board include a
subdivision known as Stonehenge under the Dog Leash Law. Mr. Wood noted that at
present there are only eight residents of this new subdivision. He then offered
motion to advertise this for a public hearing on January 22, 1975, at 7:30 P.M.
Second to this motion was made by Mr. Henley and carried by the following
recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Mr. Wheeler next presented several miscellaneous items ta the Board for
their information. First was a notice of rate increase by Appalach~an~Bow~r
Company which has already been before the State Corporat~ion Commission.
Next, Mr. Wheeler requested Mr. Batchelor to have M-r. J. Harvey Bailey
present at each Thursday meeting, a report on the Zvy LandfilI and repairs to
Route 637 until the road is completed.
Mr. Wheeler stated that he expects to send out notices to members, of the
Housing Board to meet later in January.
With regard to the Solid Waste Committee, Mr. Wheeler stated that he will be
meeting with the City and University officials on Wednesday, January 15th to
hopefully get the committee fully appointed and meeting. Mr. ~Fisher commented that
this Committee's actual duties have not yet been defined and should be discussed at
the meeting with City and University officials.
Mr. Wheeler announced a meeting with the Mayor of Charlottesville and his sa~d meeting
staff to discuss the study of the South Rivanna River Reservoir,/scheduled for
January 22, 1975.
M'r. Wheeler relayed a request to appoint a member of the Board to the Manpower
Planning Council.
Mr. Wheeler said he has spoken with Senator Harry Michael and Delegate Thomas
Michie and they have agreed to a meeting with the Board of Supervisors sometime
during the next two weeks to review the legislative programs.
Mr. Wheeler noted a request from Nelson County for the Board of Supervisors to
concur with their appointment to the Region M Mental Health-and Retardation Services
Board of Mrs. Joan Rothgeb. Mr. Wood requested deferral of this item, noting his
discussion with City Council member George Gilliam and the apparent communication
problems within the Region X Mental Health Board. Mr. Wood.felt the apparent
problems could be worked out shortly, and suggested this request to concur in
Mrs. Rothgeb's appointment be deferred until some time in February.
A memo from Mr. George L..Jones, State Coordinator of Emergency Services was
noted as received by the Board. Subject of this memo was "Emergency Fuel Program
four the Elderly." Mr. Wheeler noted that the telephone number for residents in the
Charlottesville area to call was at the Monticello Area Community Action Nutrition
Program at (703) 295-3171, Mr. Bernard Wells.
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Mr. Wheeler said he intends to appoint a "Leaf Burning Committee" within
the next ten days, and that if any Board member has name suggestions, please
contact him by Thursday, January 16th.
Mr. Wheeler noted receipt of a l~tter from the Sheriff's office relative
to unlicensed magazine salesmen. Mr. Wheeler asked Mr. Batchelor to check this
with Mr. Ray Jones and be sure these licenses are being issued.
Mr. Wheeler reminded Board members pursuant to Chapter 229 Title 2.1 of
Code of Virginia, that they must disclose any conflict of interest to the
Commonwealth's Attorney by January 31st.
Mr. Batchelor re!$te~ his meeting with the Deputy State Treasurer regarding
~ Albemarle County~bonds in the amount of $1,100,000 which will be sold by the
Virginia Public School Authority on February 5, 1975. These bonds are being
sold to reimburse the General Fund for funds used in construction of Greer
Elementary School.
No other business was presented for discussion. Upon proper motion, the
meeting was adjourned at 8:45 P.M.
Chairman