1972-11-1611-16-72
320
A regular meeting of the Board of County Supervisors of Albemarle County~
Virginia, was held on November 16~ 1972,-at 9:00 A.M. in the Board Room, County
Office Building, Charlottesville, Virginia.
Presamt: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. To Henley, Jr.
William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr.
Officers present: County Executive and County Attorney.
The meeting opened with The Lord's Prayer led by Mr. Wheeler.
Upon motion by Mr. Carwile, seconded by Mr. Wood, the minutes of the meetings
of September 21, September 27, S~p~ember 28, October 11 (afternoon session),
October 11 (night session)~ October 19 and October 2~, 1972 were approved as read.
Motion carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Mr. Pickford read into the record the following letter:
"November 8~ 1972
Mr. Herbert Pickford
Belt and Pickford
220 Court Square
Charlottesville, Virginia
Dear Mr. Pickford:
This letter will confirm our conversation of November 7
concerning the responsibility for the road-dam on Carrsbrook
Road in Albemarle County.
I am of the opinion that by virtue
of Virgir~a (1950), as amended~ the recording of the plat
for this subdivision made Albemarle County an "owner" of the
road-dam on Carrsbrook Road. As an owner, the County is
obligated under Section 93.176 to keep the dam in good order.
dam is presently not in good order as the ~illwaY drainage
system is inadequate and poses a hazard to the roadway and to
the abutting landowners. It is therefore requested that the
County fulfill its statutory obligation and rectify the existing
drainage problem.
of Section 1~.1-~78 of the Code
This
I would appreciate your taking this matter up with the County
Board of Supervisors at the next meeting and info~ming me of
their response.
Thank you for taking the time to meet with me and for considering
this matter.
Sincerely~
(Signed)
Francis A. Cherry~ Jr.
Assistant Attorney General"
Mr. Richard Coates, Assistant Resident Highway Engineer, stated that during
recent floodings, water had cut away a portion of the road-dam on Carrsbrook
Road and Mr. David Cooke's yard. Mr. Cooke had asked the Highway Department ho
repair the damage. They had looked at the damage to see who was responsible
and had the Dishrict Engineer also look at same. They did not feel that the
Highway Department had any obligation since the damage is outside of the ~0 foot
right of way and had written to the Attorney Ga~eral for an opinion. They
ha~e not received an answer to that letter.
11-16-72
321
r-
Mr. Pickford stated that there are approximately six property owners on the
border of the lake having direct ownership in the lake itself. Under the County
s~division ordinance the developer had put in the lake and road~ subdivided the
land and platted same. Ownership of the land within the roadway then passed to
the County, by operation of law~ with maintenance of the road an obligation of the
Highway Department when the road was taken into the secondary system. He felt
that technically this situation might come under the statute referred to by the
Attorney General, however, ~he felt the Court should decide who is liable for these
repairs. Estimated cost to be from five to ten thousand dollars.
When queried as to Whether federal funds had been applied for, Mr. Coates
stated that the Highway Department felt~they had no obligation.
Mr. Wheeler felt it would set a bad precedent for the County to undertake these
repairs unless ordered to do so by the Court.
Mr. Wood felt that the County had been put on notice and if Mr. Cooke's swimming
pool washed out during future rain storms~ the County might be liable. Upon
recommendation by Mr. Pickford~ Mr. Carwile offered motion to request~.-~ the Highway
Department to proceed with repairs to the road-dam on Carrsbrook Road and to litigate
if they so desire as to whose responsibility it is to make such repairs. He also
requested the Highway Department to have the Federal inspection team return to
Charlottesville to make a survey of the damage and then for~ the Highway Department
to make application for Federa~l funds to cover cost of this repair work, and also
inquire as to whether Federal funds are available to the County and adjacent property
owners in the event they are requested to assi~ in making the repairs. Motion was
seconded by Mr. Thacker and carried by the following recorded vote:
AYES: M~srs. Carwile~ Fi~her~ H~nley, Thacker~ Wheeler and Wood.
NAYS: None.
Mr. Wood brought to the attention of the Board a request from 'Mr. Paige Lynch
at 2~01 Wakefield Road. He stated that the Highway Department does not maintain that
part of the road in front of Mr. Lynch's property and the road has never been taken
in the secondary system for maintenance. He asked Mr. Pickford to check this situation
and report at the next meeting as to whether this right of way might be given to or
acquired by the adjacent property owners.
Mr. Fisher stated that it has now been eleven and one-half months s±nce a public
hearing was held on Route 6~7. He asked if any determination had been made by the
Highway Department as to the route this road will take. Mr. Coates replied that they
have had no further word on this project.
Mr. Fisher also stated that the citizens of Bellair have requested~a low&ring
of the speed limit on Bellair~' which is a dead-end road, to 25 m.p.h. He stated
that the traffic engineer has looked at the situation~ but has not replied to the request.
Mr. Carwile stated that the new subdivision ordinance~ now under consideration,
~ives the power to regulate the speed limits within subdivisions. He also stated that
the old subdivision ordinance might be amended to allow this.
11 -16-72
322
Mr. Fisher also mentioned the traffic on Route 2~0 West at the new by-pass
ramp. He felt that the traffic at this point is very dangerous during peak
hours and felt that there:should be a deputy on duty to help the flow of traffic
at these times.
Mr. Wood stated that he had worked very hard to get this project started and
also for correction of drainage problems on 01d Ivy Road.
Mr. Wood asked about Rt. 6~3 from its intersection with Rt. 7~3 to the quarry.
He stated that it is a mud path and the drainage is very bad. Eince this item is
not included in the new Secondary Highway budget~ the ~lerk was asked to place this
on the agenda for the spring road hearings. Mr. Coates stated that as a temporary
measure the Highway Department will clean the ditches to help alleviate some Of the
drainage problems.
Mr. Carwile again asked about the intersection of Georgetown and Barracks Road,
Mr. Coates stated that Mr. Warner and the traffic engineer have looked at the
problem but no recommendation has been made,
Mr, Wheeler asked about Rt, 6~3 at the ~olo Grounds. Mr. Coates stated that
this will be surfaced as soon as the weather clears.
Mr. Wheeler also asked about Rt. 731 near the KeswiCk Post Office and Eeswick
Country Club. He stated that there is a spot near the railroad tract where a
stream crosses the road~ which has washed out three times recently and has now
washed out again, He felt that some type of clearing needs 'to be performed on the
stream.
He also asked about a spot on Rt. 22 ~ast Eeswick and Cismont Manor Farm.
He felt that there needs to be some type of ditching or drainage under drive
ways at this point. Mr. Coates stated that ,drainage-under drive ways is the land
owners responsibilitys howevers he will have someone from the Highway Department
check this situation.
In answer to a question from Mr. Wood concerning Rio Roads Mr. Coates advised
that this goes to bid on December 20 and will take approximately 15 months for
construction,
Mrs. Rosenblum stated that at the entrance to Hollymead~ some type of flashing
signal or a sign needs ~ be installed on Route 29 to indicate that there is slow
moving traffic on this section of road, Mr. ~oates stated that the traffic
engineer had looked at this spot and did not feel there was any need for a sign.
Mr. Batchelor was instructed to discuss this with Mr. Clarence McClure and have
the School Board check this situation.
Mrs, Lovelace also questioned this exit.
Mrs, Grady Covington was present to make a complaint concerning the Highway
Safety Commission, ~e asked if the District Highway Engineer ~is a member of the
committee and was informed that he is not and by law is not required to be a member.
11 -16-72
3.23
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Mrs. Covington felt that he should be a member of su~:h committee. Mr. Wheeler then
asked Mr. Wood who is the Chairman of the Highway Safety Commission to give a report
so that the other members of the Board would have an understanding of the matter in
question. Mrs. Covington repeatedly interrupted Mr. Wood. Finally, Mr. Wheeler
advised Mrs. Covington to be seated and to hold her silence until Mr. Wood had
finished his report.
Mr. Wood stated that Mrs. Covington had requested the Highway Safety Commission
to look at a curve on Route 602 in front of her driveway. She considered this curve
dangerous and wanted the road straightened. At the time this request came to the
Highway Safety Commission the Commission members had questioned whether they had any
authority over this request, since they are not funded by the share and work in an
advisory capacity as an arm of the Governor's Office. Mr. Wood stated that George
Bailey and himself had made a visual inspection of the curve and shoulder adjacent
to the driveway and had found the shoulder of the road to be badly washed due to
recent floodings~. They had recommended to the Highway Department that the shoulder
be repaired but found no justification for straightening the road due to (1) low
traffic count (less than 25) and (2) land acquisition for the required work would be
expensive. He stated that the Highway Safety Commission minutes contain motions made
to review the site in question and they had contacted the local highway office before
making their recommendations. Now that the damage to the shoulder of the road has
been repaired, the Highway Safety Commission does not feel they-can recommend anything
further.
Mrs. Covington felt there was additional work that could have been performed
at the time the Army Corp. of Engineers was here and asked who she could appeal to
now. She also asked that a representative of the C & 0 Railroad be contacted to
drain a pool of water near the railroad station in Howardsville. Mrs. Covington
left stating that Mr. Wood had not understood her request.
Mr. Julian Thomas and Mr. Dallas Wilfong were present to ask the Board's consideration
of the resolution below. Mr. Wilfong stated that in the 1972 session of the Gm eral
Assembly a bill had been introduced to repeal Section 56-~26 of the Code of Virginia
which requires railroads to keep rights of way free from debris, etc. When the bill
cam~ before the House, Mr. ~ had asked that it be held over until the 1973 session.
Mr. Wilfong stated that if this section is repealed the number of forest fires will
increase tremendously. Over the last ten years, 15% of forest fires have been caused
by railroads and this figure could doubl~. Mr. Fisher offered motion to adopt the
following resolution:
WHEREAS Section 56~26 of the Code of Virginia requires that "Every
railroad company shall keep its right-of-way clear and free from wee~s,
grass, and decayed timber, which from their nature and condition are
combustible material, liable to take and communicate fire from passing
trains to abutting or adjacent property."; and
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1 1 -I 6-72
WHEREAS, there is before the 1973 Session of the Virginia General
Assembly House Bill #89~ which would repeal Section ~6-426~ thus
permitting the railroads to create and maintain a right-of-way condition
which would create a dangerous fire hazard to adjacent property;
NOW~ THEREFORE, BE IT RESOLVED that the Board of County Super-
visors of Albemarle County, Virginia~ meeting in official session
this 16th day of November~ 19727 does urge the respective members of
the General Assembly of Virginia to vote against House Bill No. 89~
and retain Section g6-426 in the Code of Virginia~ and that copy of
this resolution be forwarded to the Honorable J. Harry Michael~ Jr.~
the Honorable Daniel G. Van Clief and the Honorable Thomas J. Michie, Jr.
The foregoing motion was seconded by Mr. Wood and carried by the following
recorded vote:
AYES: Messrs. Carwile, Fi~her~ Hentey~ Thacker, Wheeler and Wood.
NAYS: None.
Mrs. Rosenblum stated that she had attended a meeting of Citizens for
Albemarle and they wished the Board to protect Chris Green Lake by asking that
ionia site plan come before this Board. Mr. Carwile stated that no site plan
is required in ' ' Mrs. Rosenblum then asked if the subdivision
plat would come to this Board. Mr. Wheeler answered no. -Mrs. Rosenblum
stated that ~he thought the Board could request this. Mr. Wheeler answered
that the Board would follow up her request.
At 10:00 A.M. the Chairman called for a public hearing to amend Section 15-~
of the County Code as advertised in the Daily Progress on November 2 ~nd
November 9, 1972.
Mr. Pickford adviEed the Board that there is a State statute which prohibits
the drinking of alcoholic beverages in public place~ however, the Board can amend
this code section to allow for consumption of alcoholic beverages by private
parties in the picnic shelters.
Mrs. Lovelace asked how this could be enforced.
Mr. Wheeler stated that the Sheriff has been asked to check this area at
certain times.
Mrs. Rosenblum spoke in favor.
Mr. Fisher stated that he was concerned about the prbblems of litter and
had found that this Board has no power to restrict the use of non.returnable
bottlea or cans. He felt the law should stay as it presently stands and has
reservations as to how this could be enforded.
Mr. Thacker felt there would be a certain amount of consumption with or~
without the ordinance and would like to ask questions of the Sheriff.
Mr. Wood felt there are adequate waste containers within the park and did
not feel this wuuld contribute more to the overall litter problem.
11-16-72
325
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F'
Mr. Carwile agreed with Mr. Thacker stating that the law should be strictly
enforced or amended in some fashion.
Mr. Henley stated that he was in favor of amending this code section.
Mr. Wheeler stated that he was in favor of amending to allow for consumption
by groups in the picnic shelters only.
A gentlemen in the audience asked if the ordinance could not be kept as it
presently is worded and issue permits for the shelters. He was advised that this
amendment must be passed in order to allow for consumption of alcoholib beverages.
There being some reservation as to hOw this amendment could be enforced~ the
public hearing on this matter was declared closed and a decision on this matter
was carried over to the afternoon session when the Sheriff would be present for another
matter.
At 10:30 A.M. the Chairman called for a public hearing to amend Section 2-~0
of the County Code as advertised in the Daily Progress on November 1 and November 8, 1972.
No one from the public spoke. Motion to adopt the following amendment was offered
by Mr. 'Wood, seconded by Mr. Thacker and carried by the following recorded vote:
AYES: Messrs. Carwile~ Fisher, Henley, Thacker~ Wheeler and Wood.
NAYS: None.
"Membership shall consist of not less than five nor more than
nine as determined from time to time by resolution of this Board. All
members shall be appointed by the Board of Supervisors and shall be
residents of the county, at least one of whom shall be a member:'~of
said board."
Mr. Carwile offered b~e following resolution:
BE IT RESOLVED by the Board of Supervisors of Albemarle
County, ViEginia~ that the Albemarle County Highway Safety
Commission shall be composed of six (6) members until further
revised by this Board.
The foregoing motion was seconded by Mr. Fisher and carried by the following recorded
vote:
AYES: Messrs. Carwile, Fisher, Henley~ Thacker, Wheeler and Wood.
NAYS: None.
Mb. Wood offered motion to appoint Mr. John Massey as the sixth member~of the
Highway Safety Commission~ term to begin on January 1, 1973 and run for four years.
Motion was seconded by Mr. Carwile and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Woo~.
NAYS: None.
As per request of Mr. Kline from the State Office of Civil Defense~ the following
resolution was offered by Mr. Thacker.
32o
1 1-1 6-72
BE IT RESOLVED BY the Board of County Supervisors of Albemarle
County~ Virginia:
THAT T. Mo BATCHELOR~ JR., Director of Finance~ is hereby authorized
to execute for and in behalf of Albemarle County, a public entity
established under the laws of the State.of Virgin~, this application
and to file it in the appropriate State office for the purpose of
obtaining certain Federal financial assistance under the Disaster
Relief Act (P~blic Law 606, 91st Congress).
Motion was seconded by Mr. Wood and carried by the following recorded vote:
AYES: Messrs. Carwile~ Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Audit report for the Calendar Years 1970 and 1971 for the Office of the
County Clerk~and Clerk ~ the Circuit Court was received as information.
Mr. Wood stated that since the City had repealed that section of their
Code which prohibited the sale of wine on Sunday~ he had had several requests
for the County to do the same. He offered motion to advertise th~;repeal of
Code Sections 3-1 and 3-2 for a public hearing on December 21~ 1972 at 10:00 A.M.
Mr. Fisher stated that he had never favored the blue laws in Virginia
but felt this encouraged the grocery stores to stay open and would not support
the motion.
Mr. Wood stated that State law prohibits the sale Of wine 2~ hours a
day and this would put our code in line with the State code.
Mr. Henley stated that he does not support and will not vote for the repeal
of these sections, however, he would vote ~o have a public hearing.
Motion was seconded by Mr. Carwile and carried by the following recorded
vote:
AYES: Messrs. Carwile~ Henley~ Thacker~ Wheeler and Wood.
NAYS: Mr. Fisher,
Statements of expenses of the Department of Finance, the Sheriff's ~ffice
and the Office of the Commonwealth's Attorney were submitted for the month'of
October~1972. On motion by Mr. Woody seconded by Mr. Carwile, these statements
were approved by the following recorded vote:
AYES: Messrs. Carwile~ Fisher, Henley, Thacker, Wheeler and Wood.
Reports of the Department of P~blic Welfare were submitted for the month of
September, 1972, in accordance with Sections 6~-67.1 and 6~-67~2'of the Code of
Virginia.
T~e fol~owinE ~O~ica~o~s rec~eived~-f.rom Mr~.J-.£D.~_Ritchie, Director,
Albemarle County Welfare Department:
"Our Department wishes to .request two transfers in budget allocation
for this fiscal year.
It now appears that the ADC Emergency Assistance Program~ which as you
recall was started after the budget year began, is going to be a costly
program for us. The $1~,000 previously authorized has been spent. How-
11-16-72
327
ever~ a great deal of this was spent paying old bills that we had
cluded in the client's check.
It appears at this time that we will have money left in the OAA category
and I would like to request a~transfer of $~0~000 from OAA (80C-70~) to
ADC Emergency Assistance (80-C-706o~).
Secondly~ you recall that the Work Incentive Program (WIN) was started
after this budget year began. Our only costs for this program are for
child care and miscellaneous work expenses for the'client such as required
medical exams. The county is reimbursed 90% of the ~expenditures for
this. We feel that part of the money previously budgeted for regular
child care will sufficiently cover these costs but for accounting purposes
we need to transfer this money from Day Care - non WIN (80-D) to Day
Care WIN (New Bookkeeping #) and to other WIN Services (New Bookkeeping #).
We request a transfer of $6~000 to Day Care WIN and $~000 to Other WIN
Services."
Motion to authorize the requested transfers was offered by Mr. Carwile~ seconded by
Mr. Wood and carried by the following recorded vote:
AYES: Messrs. Carwile~ Fishery Henley~ Thacker~ Wheeler and Wood.
NAYS: None.
Mr. Clay Thompson~ President~ Community Services Council~ was present to ask the
support of the Board of Supervisors for the establishment cf a Charlottesville-
Albemarle Human Resources Planning Commission. He stated that there is a need for
planning and study in the area of social services since there appears to be duplication
of services.
Mr. Carwile stated that he was basically in favor of the proposal~ but~ would
suggest that action of this matter be deferred until the Region 10 Planning District
is organized and invited Mr. Thompson to the next meeting of the Planning District,
The Board concurred and no action was taken.
Mr. Fred Scot ~d Mr. Frederick S. Whiteside of the Land Use Committee were
present to give an interim report. Mr. Scott stated that they had been instructed
to report the results of their study~ including~ a ~roposed ordinance~ estimat~ of
revenue loss and recommendations on how to recover this loss. The committee has met
~six or seven times with various organizations and a sub-committee has met with the
Virginia Department of Agriculture. The committee now needs the assistance of the
-County staff for information not available from other sources. Mr. Scott ~lso stated
that they had been asked to hold public hearings on this matter and inquired as to
whether this should still be considered.
Mr. Scott w~s informed that staff assistance would be available in January.
Mr. Wheeler asked if the committee had any recommendations for legislative
changes~ to which Mr. Scott replied that informally the committee felt some changes
are needed in state requirements~ but these will be recommended to the legislature
by the Land Advisory Committee. He also felt that the Board should attempt to
have revisions made to Bill 99 and then the committee should hold public hearings
on this matter. Mr. Wheeler reiterated that he wants to be sure the people needing
tax relief are the ones helped by passage o~ such an ordinance.
Mr. Fisher felt the land use committee had performed the preliminary work and
now the staff should help in any way possible to assist the committee.
Mro Whiteside stated that the committee had held several meetings about
the laws governing the adoption of a land use tax and had found enough loopholes
to create a lot of trouble.
Mr. Wheeler stated that he felt Albemarle County is on record as being
basically in favor of the land use tax and directed the committee to continue
their work on this matter.
Statement of expenses incurred in the maintenance of the County Jail was
submitted along with summary statement of prisoner days for the month of October,
1972o Claim of the Jail Physician was submitted for the month of October, 1972y
in the amount of $~.00, of which two-thirds i~ reimbursable by the State. On
motion by Mr. Woody seconded by Mr. Thacker, these statements were approved for
payment by the following recorded vote:
AYES: Messrs. Carwile, Fishery Henleyy Thackery Wheeler and Wood.'
NAYS: None.
Report of the County Executive was submitted for the month of Octobe~y 1972,
as information.
Claim against the Dog Tax Fund was received from Virgi~ M. Grinstead for
one (1) ewe killed by dogs. On motion by Mr. Henley, seconded by Mr. Fisher,
Mr. Grinstead was allowed $I5.00 for this claim. Motion carried by the following
recorded vote:
AYES: Messrs. Carwiley Fishery Henley~ Thacker, Wheeler and Wood.
NAYS: None.
Claim against the Dog Tax Fund was received from M. A. Wilson for one (1)
ewe killed by dogs. On motion by Mr. Henley~ seconded by Mr. Fishery Mr. Wilson
was allowed $1~.00 for this claim. Motion carried by the following recorded
vote:
AYES:
NAYS:
Messrs. Carwiley Fishery Henley, Thacker~ Wheeler and Wood.
None.
Appointments to the Joint Airport Commission were carried over to December 21.
The Chairman entertained a motion to appoint Mr. T. M. Batchelor, Jr., as a member
and to appoint
/Mr. Lloyd F. Woody Jr. e~nd Mr. James D. Ritchie as his alternates on the Shenandoah
Valley Juvenile Detention Home Commission. Motion was offered by Mr. Thacker~
seconded by Mr. Henley and carried by the following recorded vote:
AYES: Messrs. Carwiley Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
The Chairman called for the following committee reports:
(1) Space Needs. Mro Thacker stated that the committee had met with various
architects and had retained Thomas R. Wyanty-Jr. -~,,~-~ ~,~_~ .~ $~,000 to work
on the feasibility study of moving county offices to the McIntire school building.
Mr. Thacker also stated that the School Board is making a study with a report
due the first of the year and the committee is also studying space needs of the
Judge and the Circuit Court.
(2) Tax Relief for the Elderly: Mr. Pickford is drawing two ordinances
for review by the Board, hopefully, to be ready for November 22~
(3) Industrial Commission: Mr. Wheeler stated that the Board had a report
b~ the Industrial Commission and reaction from the public on same. Mr. Carwile
offered motion to pay the Industrial Commission their budgeted amount for fiscal
72-73 when same is requested. Motion was seconded by Mr. Thacker and carried by
the following recorded vote:
AYES: Messrs. Carwile, Fishery Henley~ Thacker and Wheeler.
NAYS: None.
ABSENT:
(5)
(6)
(7)
(8)
(9)
(10)
(1~)
(~e)
Mr. Wood.
School Sites:
Dog Committee:
No report.
No ~Jeport.
Madison Hall request for an appropriation: No report.
Historical Landmarks: No report.
Courts Not of Record: No report.
Juvenile Court Renovation: Need a r~port from the architects.
Rules of Procedure: Will make a report at the December meeting.
Esmont Low Cost Housing: No report.
Revenue Sharing: No report.
(13) Scenic Highways: Referred"to Planning Commission.
Mr. Humphrey presented the petitioner for Ski Land, Inc. with a request that the
Board hold a special meeting on December 6 to hear this petition. The Board would
not consider the request when they were informed that the petition had been deferred
due to lack of information from the petitioner.
Mr. Batchelor was instructed to see that all departments have their budget
requests in by December 15.
The Chairman entertained a motion to adjourn into executive session to discuss
a legal matter. Motion was offered by Mr. Henley., seconde~ byMr. Thacker and
carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley~ Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
The Board reconvened at 1:$5 P.M.
Mr. Cliff Cutchins, past director of the Y.E.S. program presented their
annual report to the Board.
Mrs. Linda Wilson, Coordinator for the HEPP Project was present to ask the
Board to adopt a resolution supporting the HEPP Project. Motion to adopt the
following resolution was offered by Mr. Carwile:
330
11 -16.72
WHEREAS, Project Home Education--Planned Parenthood (Project
HEPP) has been operating in Albemarle County for the last two
years; and
WHEREAS, Project HEPP has been extremely effective in reducing
the number of unwanted pregnancies and providing other family
educational services to low income families; and
WHEREAS, said Project has been most successful and beneficial
to the entire County and has thus indirectly benefited all residents
of Albemarle County; and
~EREAS~ it appears that fundin~ for ~ROJECT HEPP by the Office
of Economic Opportunity is ended; and
WHEREAS it is important that said Project continue in Albemarle
County;
NOW, THEREFORE~ BE IT RESOLVED that the Board of County Super-
visors of Albemarle County hereby requests that the State Health
Department or the State Welfare Department provide funds for the
continuation of Project HEPP for Albem~le County; and
BE IT ~URTBRR RESOLVED that copies of this resolution be mailed
to the Governor~ the Secretary of Human Affairs~ Senator J. Harry
Michael, Jr., and DelegatesThomas J. Michie, Jr. and Daniel G. Van
Clief.
The foregoing motion was seconded by Mr. Thacker and carried by the following
recorded vote:
AYES: Messrs.~Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
The Board continued the discussion of amendment to County Code Section
with Sheriff George Bailey present. The Sheriff stated that he is opposed to the
consumption of beer on the beach areas~ but did not feel allowing the consumption
of beer in shelter areaswould be hard to enforce. Motion to amend County Code
Section 15-~ to read as f~llows was offered by Mr. Carwile:
No alcoholic beverages~ except for consumption of beer in shelter
areas reserved by private groups~ shall bel ...... _ ~-. -..~i~ .',~'.
allowed on any land or waters owned by the county and set aside for
recreation.
The foregoing motion was seconded by Mr. Thacker and carried by the following
recorded vote:
AYES: Messrs. Carwile, Fishery Henley, Thacker, Wheeler and Wood.
NAYS: None.
Sheriff Bailey was present to request Board approval of the employment of
two additional deputies for the Albemarle Sheriff's office. He stated that since
the court had struck down the City of Charlottesville'~ annexation case~ he needs
1 1-1 6-72
33:L
one additional deputy to police the subdivisions around Charlottesville and another
to be assigned as an investigator. He estimated the cost at approximately $21~000~
and stated that he would ask for a special appropriation at a later date. Motion
to approve this request was offered by Mr. Fisher~ With stipulation that Sheriff
Bailey request approval from the Compensation Board for both of these positions, same
to be effective January 1~ 1973. Motion was seconded by Mr. Wood and carried by the
following recorded vote:
AYES: Messrs. Carwile~ Fisher~ Henley~ Thacker~ Wheeler and Wood.
NAYS: None.
Mr. Fisher offered motion to adjourn into executive session for discussion of
county warrants with Charles Haugh, Commonwealth's Attorney. Motion was se~nded
by Mr. Carwile and carried by the following recorded vote:
AYES: Messrs. Carwile~ Fisher~ Henley~ Thacker, Wheeler and Wood.
NAYS:~n~r~ ~"'~-,~ ~'~¢c~. l~l~~ 1~ ~Z
At the October:.-19 meeting of the Board~ it was requested that certain persons
be present for a discussion of the Ivy and Keene landfills. Present were: Bill James,
State Health Department; Homer Chevacci, Charlottesville-Albemarle Health Department;
J. Harvey Bailey, County Engineer; and John Pollock, County staff.
Mr. Pollack stated that he had been hired by the County to look at the problem of
solid waste disposal and that he had made evaluations ddrimg the summer months. He had
looked at the County's landfill operations and at other operations throughout the
State and made recommendations for improvements in a report entitled "Solid Waste
Disposal in Albemarle County" dated October, 1972. Since this report was released,
operational procedures have improved. He felt that some of the improvements recommended
would depend on the length of time these two landfill Sites will be in use~ although,
some must be made before obtaining a State permit on July 1, 197~.
When ques~ oned by Mr. Wheeler as to current improvements needed~ Mr. Poll~ck
replied that there is a certain amount of ditching and ~ain pipes needed at Ivy and
a need to cover old area that are exposed at this time. Odors will disappear with
this procedure. At Keene the day-to-day operation is fine~ however~ there is a
problem with disposal at night and on weekends. He stated that this creates a
problem also at Ivy since an.~operator is not present to cover this immediately.
Mr. Thacker asked if Totier Creek is contaminated by run off from the Keene landfill.
Mr. Pollock replied that the State Water Control Board has tested for and found leachy
in a stream leading to Totier Creek. He stated that if there is a large rainfall this
would be worst and suggested that the small ~ettling dam be extended ten (1~) feet
and that certain ground be seeded where ~over has erroded.
Mr. James stated that Mr. Pollock had performed a service for the County at a
nominal fee which by outside help might have cost $25,000. He also stated that the
Keene landfill had been inspected this date and he felt the problems there ~ould
be solved without extending the dam~ however, the operator needs help to police
the site.
332
Mr. Wheeler suggested that Mr. POllock and others should inspect the
landfills to see that the present contracts are being followed and report these
findings to the Board.
Mr. James suggested that the Board charge for use of the landfills and
also suggested that containers be placed at the gates for night disposal.
Mr. Thacker suggested to Mr. Batchelor that (1) Mr..Bailey and Mr. Pollock
make a list of improvements to be made in operation: procedures at both si{es,
(2) that a meeting with the contracters be scheduled and that they be invit6d
to the next meeting of this Board and that (3) a person on the County staff be
designated to see that the landfills are being operated properly.
Mr. Fisher felt that the staff should look into getting gates and containers
installed immediately and capital improvements as recommended in Mr. Pollock's
report be. ldiscussed by the Board at a later date.
Mr. Henley recommended that the matter of charging be investigated.
Mr. Batchelor was instructed to include in a report to the Board aspects
of closing the Keene Landfill at night and any other information pertinent to
items discussed at th~s meeting.
The Eier~ was instructed to notify the petitioner of SP-211 that W~dnesday,
November 22 at $:30 P.M. is the time set for site review by this Board.
Mr. Batchelor presented the following communication:
"Mr. T. M. Batchelor, Jr.
County Executive
County Office Building
Charlottesville, Virginia
Dear Tom:
The City of Charlottesville is presently making an application for a
mass transit grant to the Department of Transportation. This grant will
be for a mass transit study of Charlottesville and is proposed to cost
approximately $38,000. The City's ~hare of this cost will be one-third
and the Federal government will pick up two-thirds of the cost. The City
Council would like to invite the County to participate in the study so
that the urban fringe around Charlottesville might be duly considered
in any overall plan to attack the problem of urban mass transit. Would
you please discuss this matter with the Board of Supervisors at the
earliest possible date to delermine if they are in~rested in participating
in this study. I rather imagine that the County participation would add
another $10,000 to the cost of the study, with the County being requested
to pay one-third of that cost. Our timetable for submitting the grant
is December 1st, so I would like to have an answer well before that time
so that the grant application might be changed to refleot the County's
participation if the Board of Supervisors deems this desirable. Please
notify me as soon as you have an answer from them.
Yours very truly,
(Signed)
Cole Hendrix, City Manager"
Motion to approve the request was offered by Mr. Carwile~ seconded by
Mr. Wood and carried by the following recorded vote:'
AYES: Messrs. Carwile, Fisher, Henley, Thacker~ Wheeler and Wood.
NAYS: None.
11 -1 6-72
333
Mr. Wheeler read the following letter inte the record:
"November 1~, 1972
Mr. R. D. Wade
213 Surrey Road
Charlottesville, Virginia
Dr. Charles Hurt
Route 29 North - Virginia Land Company
Charlottesville, Virginia
Gentlemen:
Please be advised effective as of this date, that no Certificate of
Occupancies will be given for any permit issued in Section 5,
Canterbury Hills until such time the existing roads have complied
with approved plans of the Virginia State Department of Highways.
It has come to our attention that this road as constructed is not
up to state specifications~ so So insure the welfare of future
occupants and occupants now residing and to comply with all
provisions of subdivision control, this road must be brought up
to state standards.
Sincerely,
(Signed) John L. Hmmph~ey
County Planner
T. M. Batchelor, County Executive
Gordon Wheeler, Chairman, Bd. of Supervisors
Frank Burke, Virginia Land Company
Herbert Pickford, County Attorney
Mary Joy White, Senior Planner"
Mr. Carwile offered motion to adjourn into executive session to discuss a
matter which may be the subject of a public hearing. Motion was seconded by
Mr. Thacker and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, '~eeler and Wood.
NAYS: None.
The Board reco~ened.
Upon proper motion, the meeting was adjourned.
Chairman