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HomeMy WebLinkAbout1976-05-12186 / May 12, 197~6 A regular meeting of the Albemarle County Board of Supervisors was held on May 12, 1976 at 9:00 A.M. in the Board Room of the County Office Building, Charlottesville, Virginia. Present: Mrs. Opal D. David and Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher (arrived at 10:00 A.M.), J. T. Henley, Jr., F. Anthony Iachetta and William S. Roudabush. Officers Present: Guy B. Agnor, Jr., County Executive; George R. St. John, County Attorney; and James Bowling, Deputy County Attorney. Mr. J. T. Henley, Vice-Chairman called the meeting to order at 9:02 A.M., in the absence of Mr. Gerald E. Fisher, Chairman, who was welcoming students for Youth in Government Day. No. 2. Approval of Minutes: January 14, 1976 (Night), page 454, fourth paragraph, date should be January 14; page 461, change "intent" to "intend", and "or" to "for"; page 454, third paragraph should read "Mr'. Dorrier said he, as an attorney"; page 457, "of" instead of "or"; third line, "thas" should be "this"; last paragraph, "lots or record" should be "lots of record"; page 458, second line, "closed" should be "foreclosed"; eighth paragraph "iver" should be "River"; third line "Mr. Bailey is" should be "Mr. Bailey if"; page 459, middle of second paragraph "taken only is" should be "taken only if"; three lines down, insert the word "by" between the words "made the"; page 460, first vote, change "Davis" to "David"; page 453, last paragraph, insert "executive session" in place of "meeting." January 28, 1976, page 005, third paragraph, change "purposedly" to "purposely"; page 007, third paragraph change "pound" to "gallon"; eighth paragraph, first line, "AP" should be "SP"; fifth paragraph, change "forty years" to "four years"; page 003, "present" should be "prevent"; page 004, ninth paragraph, "effect" should be "affect"; page 009, sixth "Areaa" should be "Areas"; seventh paragraph, "ndicates" should be "indicates"; page 010, fifth paragraph "additional date" should be "additional data". Motion to approve the minutes with corrections as noted above was offered by Mrs. David, seconded by Dr. Iachetta, and carried by the following recorded vote: AYES: NAYS: ABSENT: Mrs. David and Messrs. Dorrier, Henley, Iachetta, and Roudabush. None. Mr. Fisher. No. 3. Highway Matters. Mr. Guy B. Agnor, Jr., County Executive, read the following two letters into the record: "April 19, 1976 Board of Supervisors of Albemarle County Charlottesville, Virginia 22901 Gentlemen: In accordance with a resolution passed by your Board on February 19, 1976, changes in the Primary System made necessary by relocation and construction on Route 29 in Albemarle County were confirmed by the Highway and Trans- portation Commission on April 15, 1976, 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 29, west of the new location, from the new location at Station 845+50 northeasterly 0.28 mile to the new location at Station 860+00. Section 2 - Old location of Route 29, north of the new location, from the new location at Station 870+60 northeasterly 0.30 mile to the new location at Station 886+20." "May 10, 1976 City Council of Suffolk and Boards of Supervisors of all Counties in the Secondary System Ladies and Gentlemen: The Highway and Transportation Commission at its meeting on April 15, 1976 allocated funds for fiscal 1976-77 in accordance with the appropriate Acts of the General Assembly. Attached is a copy of the allocations which are available for use within each of the several counties and the City of Suffolk. The allocations for the Secondary System reflect an increase of approx% mately $10 million. This was brought about by increased Federal funds and slight increase in State revenue. Your attention is invited to the fact that a large portion of the Federal funds are for safety purposes such as railroad grade crossing protective devices, removal of roadside obstacles, and correction of May 12, 1976 187 high-hazard locations. Since these Federal funds are for these specific types of activities and cannot be used for general construction, it is necessary that an appropriate number of eligible projects be selected on the Secondary System to utilize these funds. A review of our overall program on the Secondary System reveals that a combination of the spiraling inflation and reduction in revenue has made a tremendous impact upon our improvement program. We are, however, striving to continue with a balanced program of improvement. These allocations reflect a slight recovery insofar as funding is con- cerned,' but costs continue to rise and the continued pinch of these circumstances makes it difficult to carry out a comprehensive plan. We continue to be most grateful for your counsel and cooperation in carrying out the objectives of the Secondary System program. The resident engineers have been furnished instructions for the preparation of the 1976-77 fiscal_budgets, and they will be consulting with you regarding plans for improvements within the respective counties. This splendid cooperation exhibited during the past year is sincerely appreciated by the Highway and Transportation Commission as well as our engineers, and we look forward to its continuance during the coming year. With high regards and best wishes," Sincerely, (Signed) ..... Douglas B. Fugate, Commissioner" Mr. Henley asked why no progress has been made on construction of the Route 250 By- Pass. Mr. Agnor said he would check on this. Mr. Agnor said inquiries have been made about the change in weight limit on State Route 692 in the North Garden area. Mr. Robert Warner, Resident Highway Engineer, has said he will submit to the Board plans scheduled for correction of the problem by the end of this week. Mr. Agnor said he has asked the schedule of improvements to railroad crossings and signal devices at certain locations in the county. He has been informed that the Highway Department has been billed for the work, thus feels the work is imminent. Dr. Iachetta asked for a status report of repairs to the bridge on Route 651, off of Huntington Road. The repairs were to have been done by Southern Railroad but have not been made as of this date. Mr. Roudabush asked for a status report on the ~rip~ing of Rio Road. Mr. Dorrier said he had received numerous calls about Route 727 going by Blenheim Farm. Due to an increase of modular homes in this area, passing has become difficult. The road needed to be graded and scraped. Mr. Roudabush inquired about House Bill 151 which was passed by the General Assembly in the 1976 session. He understands this bill permits the acceptance of subdivision streets into the Secondary System under certain conditions. He inquired about this bill because it might qualify Airport Acres provided the County agreed to contribute, from county revenue, one-half of the cost of bringing the roads up to standard. He had been contacted by the secretary of the Homeowner's Association of Airport Acres and the Homeowners have. agreed to raise approximately $14,000.00 to get the roads paved, but the roads would still not be acceptable to the State. He asked the homeowners to wait until he could find out the status of this bill. He requested the County Attorney to give an opinion on donation of this money to the county, with the County then contributing the money to the state as their one-half pro rata share. Mrs. David said Senate Bill 305 amended the code to provide that the governing body of any county could accept gifts for construction and/or maintenance of secondary roads and could make matching appropriations for same. She said Senate Bill 219 raised the maximum local match to 15% of revenue sharing funds and that legislation might be useful. Dr. Iachetta said since the last discussion of the turnaround on Bennington Road he has been informed by the Highway Department that they will take the turnaround into the system without any upgrading if it is surveyed and a new plat put to record. After discussion of this matter, the Board felt they could not absorb any of the costs and suggested the property owners contact the original developer and ask for his assistance. No. 4. Request from VEPCO for easement across the Ivy Landfill.. A request was received dated April 23, 1976 from the Virginia Electric and Power Company for an easement giving them the right to provide service to the Albemarle Landfill on Route 637 as shown on a plat numbered CH--57--76. Dr. Iachetta offered motion to adopt the following resolution: BE IT RESOLVED, that the Chairman of the Board be and he is hereby authorized to execute a certain agreement of easement to bear date as of May 12, 1976, conveying to the Virginia Electric and Power Company, a corporation organized and existing under the laws of the State of Virginia, a right of way across the property of Albemarle County, as shown by plat bearing number CH-57-76 exhibited to the Board of Supervisors, same to be signed by the Chairman of the Board on behalf of the County of Albemarle and attested and seal 8'8 Mr. Roudabush seconded the foregoing motion and same carried by the following vote: AYES: Mrs. David and Messrs. Dorrier, Henley, Iachetta and Roudabush. NAYS: None. ABSENT: Mr. Fisher. No. 5. Resignation: Extension Agent. A letter was received from Mark J. Manno, submitting his resignation as Extension Agent in Albemarle County to be effective May 31, 1976. Motion to accept the above resignation and to send a letter of appreciation was offered by Mrs. David and seconded by Dr. Iachetta. Roll was called at this time and the motion carried by the following recorded vote: AYES: NAYS: ABSENT: Mrs. David and Messrs. Dorrier, Henley, Iachetta and Roudabush. None. Mr. Fisher. No. 8. John ~Dezio--Vacation of plat-Flordon Subdivision. Request was received from John A. Dezio representing property owners in Flordon subdivis that the Board approve a vacation of Plat "A" to be replaced with Plat "B". The change involves the location of the cul-de-sac on Blackwood Road, which is actually constructed as shown on the corrected plat. The acreages in the lots will be altered slightly, but will still comply with the zoning and subdivision ordinances. Motion was offered by Mrs. David authorizing the Chairman to execute the following deed: THIS DEED OF CORRECTION, made and entered into this 2nd day of April, 1976, among CHARLES WM. HURT, widower, party of the first part; MARTIN I. VERON and ENID VERON, his wife, parties of the second part, E. GERALD TREMBLAY and ELEANOR W. TREMBLAY, his wife, parties of the third part; THOMAS C. TANTON and ALEXANDRA H. TANTON, his wife, parties of the fourth part; and BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA, party of the fifth part, WITNESSETH: WHEREAS, by deed dated March 12, 1975, of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 572, page 117, Charles Wm. Hurt, widower, conveyed to Martin I. Veron and Enid Veron, his wife, a certain lot of land in Albemarle County, Virginia, more particularly described as Lot 19A, Block C on a plat of Flordon Subdivision of record in said Clerk's Office in Deed Book 435, page 351; and ?D WHEREAS, by deed dated October 17, 1967, of record in said Clerk's Office in Deed Book 435, page 348, Charles Wm. Hurt and Letitia H. Hurt, his wife, conveyed to E. Gerald Tremblay and Eleanor W. Tremblay, his -wife, a certain lot of land in said county, more particularly described as Lot 19, Block C on said plat; and WHEREAS, by deed dated August 11, 1974, of record in said Clerk's Office in Deed Book 558, page 471, Charles Wm. Hurt and Letitia H. Hurt, his wife, conveyed to Thomas C. Tanton and Alexandra H. Tanton, his wife, a certain lot of land in said county, more particularly described as Lot 15A, Block C on said plat; and WHEREAS, Charles Wm. Hurt is the owner of a certain lot of land in said county, more particularly described as Lot 16, Block C on said plat, being a portion of the property conveyed to the said Charles Wm. Hurt by deed of William A. Powe and others, dated August 17, 1959 of record in said Clerk's Office in Deed Book 354, page 305; and WHEREAS, it was the belief of the parties hereto, as evidenced by the actual location of Blackwood Road which actual location is described on the attached plat of B. Aubrey Huffman and Associates, dated August 14, 1975, and made a part hereof, that the said Lots 1SA, 16, 19 and 19A, Block C, Flordon, conveyed as aforesaid, were as described on the attached plat, even though conveyed according to the plat of record in Deed Book 435, page 351; and WHEREAS, it is the desire of the parties hereto to correct the last mentioned plat and the deeds in Deed Book 572, page 117; Deed Book 435, page 348; and Deed Book 558, page 471, so that the said Lots 1SA, 16, 19 and 19A will be owned in the same manner as if the plat attached hereto had ~been recorded in Deed Book 435, page 351 had not been so recorded, as to the said Lots 1SA, 16, 19 and 19A. NOW, THEREFORE, in consideration of the premises, the parties hereto unite for the purpose of correcting the said plat and deeds; and to perfect title in the parties according to the attached plat, the parties further unite as follows: (a) Charles Wm. Hurt, widower, hereby grants, bargains, sells and conveys with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE unto Martin I. Veron and Enid Veron, his wife, as tenants by the entirety with full right of survivorship as at common law and not as tenants in common, that portion of Lot 19A shown on the attached plat that was not included in Lot 19A~sh~wn~on~hh~pla~ of record in Deed Book 435, page 351; ~n May 12, 1976 (b) Charles W~, Hurt, widower, hereby grants, bargain, sells and conveys with GENERAL WARRANTY AND ENGISH COVENANTS OF TITLE unto E. Gerald Tremblay and Eleanor.-W. Tremblay, his wife, as tenants by the entirety with full right of survivorship as at common law and not as tenants in common, that portion of Lot 19 shown on the attached plat that was not included in Lot 19 shown on the plat of record in D.eed Book 435, page 351; (c) Charles Wm. Hurt, widower, hereby grants, bargains, sells and conveys with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE unto Thomas C. Tanton and Alexandra H. Tanton, his wife, as tenants by the entirety with full right of survivorship as at common law and not as tenants in common, that portion of Lot 1SA shown on the attached plat that was not included in Lot 1SA shown on the plat of record in Deed Book 435, page 351; (d) Charles Wm. Hurt, widower, and Thomas C. Tanton and Alexandra H. Tanton, his wife, hereby dedicate by the recordation of the attached plat those portions of Lot 16 and 15A, respectively, shown on the plat in Deed Book 435, page 351 that are included in Blackwood Road, as shown on the attached plat. Ail roads shown on the said plat of record in the said Clerk's Office in Deed Book 435, page 351 are hereby vacated insofar as said roads are in conflict with the roads as shown on the attached plat and all roads shown on the attached plat not previously dedicated to public use are hereby ~endered for dedication to public use. The Board of Supervisors of Albemarle County, Virginia, join herein ~-gor the purpose of agreeing to said vacation. WITNESS the following signatures and seals: Charles wm. Hurt Martin I. Veron Enid Veron E. Gerald Tremblay Eleanor W. Tremblay Thomas C. Tanton Alexandra H. Tanton Board of Supervisors of Albemarle County, Virginia BY: Gerald E. Fisher Mr. Dorrier seconded the foregoing motion and same carried by the following recorded vote: AYES: NAYS: ABSENT: Mrs. David and Messrs. Dorrier, Henley, Iachetta and Roudabush. None. Mr. Fisher. Mr. St. John noted that this vacation was being done pursuant to Code Section 15.1- 482(a). (Old and new plats are in the permanent file of the Clerk.) At 10:00 A.M., Mr. Fisher arrived at the meeting and introduced the student members of the Board of Supervisors for Youth in Government Day. They were as 'follows: Mary Jane Gentry, White Hall District, W. A. Wells, Charlottesville District, Klm Eubanks, Sue Lacy, Anita Mahone, and also Miss Perry Rush, all from the Scottsville District. At this time, Mr. Agnor introduced Miss Lucinda Supleo, an intern from the Phillipines who will be with the county for eight months. He noted she is currently employed as an assistant to the undersecretary of the Department of Local Government and Community Deve!opmen' of the National Government in the Phitlipines. disposal? Discussion: Should the County furnish a container system for solid waste Mr. Fisher noted that this matter has been discussed in the past and some studies were made by the County to determine costs. He asked Mr. Dorrier to introduce the problem for discussion. Mr. Dorrier said a study was made by John Pollock in October 1972. At that time, it was estimated that 186,000 cubic yards of trash were generated in Albemarle County each year.~.. The rate of trash was rising 25% each year. The report also said that one-half of this waste was brought to the landfills, of which there are two in the County, by commercial haulers or residential users. Of this amount, only five to ten percent brought by private residents of the County. The report indicated the Ivy Landfill handled twO-thirds of the wastes at a cost of 285 per cubic yard. The Keene Landfill handled one-third at 395 per ~briC yard. The report introduced several ways in which to have trash containers in the county. One, establish a program throughout the county or in the rural section of the county and have it contracted out or run by the County. The costs of such a system would depend on the number of containers, their placement and the number of pickups. Mr. Dottier said during previous discussions, Mr. St. John had questioned the legal ramifications of serving one section of the county and not serving others. Mr. Dottier said as many people May 12, 1976 as possible should be served within a reasonable cost to the county. He felt the question to be one of cost and 'when a system could be implemented and whether it should be run by the county or contracted. He mentioned the fact that the Resource Recovery Study Commission is also studying the problem. Mr. Roudabush said some of the people in his district live more than thirty miles from the landfill. No private hauler will come around due to the scattering of the people. Door-to-door trash collection'is not economically feasible. He felt the rural people would benefit by this service. Dr. Iachetta agreed that the~collection of wastes in rural areas needed to be studied. But, felt it basically incorrect, from an engineering point of view, to look at collection before looking at what will be done with this refuse. He said the question.should be pursued in the light'of disposal first then collection of material to a place where the wastes would be processed. A grab sample of the waste contents should be categorized and these records kept on a regular basis. The total problem should be addressed as part of the Resource Recovery Study Commission. Mr. Henley agreed that information on such a system is basically incomplete and it would be premature to turn this into ~a county wide system. He agreed there is a need for ~.ha~SyS~em~in~i~the?rural~areaS~ Mrs. David stated that her district is different from the others. Most of the residents in the Jack Jouett District are served by contractors since'there is a large concentration of subdivisions and apartment complexes. She felt two problems were being talked about. One being t~e disposal of the wastes and the other resource recovery. From the discussion today, it seems that a limited use of containers within the rural areas is something that would turn into a later plan involving recovery. The establishment of containers in rural areas where there is some concentration of population might be feasible at this time. Mr. Fisher said he did not want the County to compete with the contractors now hauling trash. He felt a container system needs to be studied carefully; perhaps leasing private property so this would not involve rights-of-way on secondary roads. He also suggested some type of screening. Waiting for the Resource Recovery Study Commission's system will delay the project for a long time. Almost all of the solid waste is'now taken to the joint landfill at Ivy. He did not see a great difference in the way waste now gets to landfill as opposed to the way it would get there with a container system. Dr. Iachetta felt the economics of a total disposal system should be examined as a package. He felt the ultimate disposal system might be three to six years away. Mr. Henley said he is not in favor of spending a large amount for such a study. The County Attorney has said that serving the rural areas and not the urban areas would be no problem-. He felt two or three areas could be selected as sites for the containers such as eastern and northeastern Albemarle County and near Scottsville. Mr. Fisher said having a few regional collection centers where there might be a number of dumpsters available to take care of the quantity instead of a container every two miles might be an alternative. This would take care of screening and placement problems. Mr. Agnor felt this approach to be preferable. He agreed with Mr. Henley to have the study done in-house instead of spending money for outside help. He also agreed with Dr. Iachetta that accumulation of accurate statistics is very important and the keeping of such records may require funding. Dr. Iachetta offered motion authorizing the staff to make a preliminary study of the whole problem in the rural areas with the Rivanna District and the northwestern sector of the county being chosen as possible first sites, with a report being made to the Board as soon as reasonable. Mr. Roudabush seconded the motion and same carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. _ Mrs. David suggested that the private haulers be contacted and asked for some ~~ · ~-~ operation of such a system. Mr. Henley said to "tip-toe" on eliminating competition. No. 3. Highway Matters. Mr. Ashley Williams, Assistant County Engineer, presented to the Board a response from Mr. Gentry Ray, property owner on Route 637. Mr. Ray has agreed to give Mr. Purinton a better entrance which amounts to 800 - 900 square feet of his property at the corner. Mr. Ray said he would like to have the same consideration given to him for his entrance. Mr. Williams said in order to do this for Mr. Ray the entire road Would have to be moved. Mr. Fisher said he was not ready to make a recommendation to the Board at this time and asked that this matter be deferred until he could talk with both property owners about the personal recommendation. No. 9. DiscuSsion: of a Library Building.- How to Request a Referendum on the Issue of Funding Construction Mr. Fisher said the Jefferson-Madison Regional Library Board has made a request to the Board-for funds to construct a new library building. He is not sure what type of building is being talked about, how it will be built or where. The Library Board had made a recommend and the costs for architect fees has tentatively been placed in the budget. He asked the County Attorney's office to make a report on setting up a referendum in the event a request for funds is received in the next month or two. tion May 12, 1976 191 Mr. St. John said the procedure is simple. It would be a general revenue bond issue. A resolution would have to be enacted by the Board to establish the purpose of the bonds and the maximum amount. The Circuit Court would have to enter an order calling for either a special election or putting it on the ballot for a general election. The order would have to be entered no earlier than sixty days prior to the special election. Thus, the court order would have to be within sixty days prior to the election to be held this November. The County Attorney's office would need thirty days prior to ~ that date to draw up the negessary pleadings. Mr. Fisher said he had placed this question on the agenda because the Board has received a request for $750,000 over the next two years. He felt a referendum is a way to deal with the request. Mr. Henley did not feel the Board had anything to worry about for a while since there still the question of location and the possiblity of using an existing building. At this time, Mrs. David noted that on May 19, 1976, at 2:30 P.M. she is to meet with Mr. Christopher DeVan, the Library Director, to view the crowded conditions that exist in the present Jefferson-Madison Regional Library. She invited any interested Board member and Mr. Agnor to attend this meeting. No. 10. Discussion: Cable T. V. Franchise. Mr. Fisher noted that the question of franchising cable television had been before the Board for two years without any resolution. There is a single cable television company operating in the City of Charlottesville and in some suburban parts of the county. No requirements as to the level of service provided, reasonable cost structures, or future areas of service are set out by the County. The existing cable company is reluctant to invest funds in expansion of its system until the County can give them an idea of what is going to be required. Dr. Iachetta noted a complaint from Mr. Gregory Johnson of the Four Seasons Townhouse Homeowners Association. The homeowners feel some franchise action is necessary because they are paying for inadequate service rendered by another private company. Mr. St. John said his office has drafted a sample ordinance governing the franchising of cable television in Albemarle County. This draft, and a memorandum which addressed problems unique to Albemarle County, was sent last summer to the Board members. The memorand' stated the ~possibi!ity of the Jefferson Cable Company providing this service since it now operates in some of the urban areas of the county. He felt this company would have an advantage over any other bidder. The choice would be whether or not to unite with the City in this franchise to a bidder. Mr. Jim Bowling, Deputy County Attorney, who worked with the intern resPonsible for preparing the memorandum on this matter, spoke next. He said this is a complex area since it~fwas regulated on three levels. .They are local, state and the Federal Communications Commission. The County has three problems. The first is economics. In order for cable television to be profitable, a certain density is required. Technology is the second problem As the television signal precedes from the head end out along the line it weakens, Amplifier: are necessary; about five per square mile. The Federal Communications Commission strictly regulates the technology employed in providing a television signal to viewers. For that reason, it is apparent cable television is going to be limited to citizens li~ing in the urban areas. The ordinance was designed With the purpose of requiring competitive bidding. The Board would have to adopt an ordinance for the bid process. Once this is done, the solicitation of bids begins. The process takes about one hundred and twenty days. Once the bids are received and the bidding closed, ninety days should be allowed for the staff to evaluate them. Once these ninety days are up, the Board has to advertise for a public hearing. This should be thirty to sixty days after receiving the recommendations of the staff. The FCC requires a large amount of public input before awarding a cable T.V. franchis. ~After the public hearing is held, the Board makes the decision and awards the certificate which ~is the first stage. After the award of the certificate, the applicant takes it to the Federal Communications Commission. The FCC then rules upon the applicant's proposed plan of operation. The Commission looks at the technological standards which the applicant proposes to meet, what the applicant proposes to do to serve the public, and looks at the county's ordinance to make sure it complies with the FCC regulations. The FCC then grants a certifica' of operation. The applicant is then ready to go into business. Two years is estimated for the process which involves the adoption by the Board of the ordinance and the solicitation of bids to finally award what is called the franchise. Mr. Henley inquired about the length of the franchise. Mr. Bowling said economically it should be around ten years. This way it gives the applicant enough time to recoup his economic costs and yet is short enough to enable the County to change the ordinance for new technological renovations. There is a provision for the county to charge a certain percentag~ of the operating expenses to recoup the county's~expenses in regulating the franchise once the franchise is granted. Formerly, there was a maximum limit of three percent of gross income. Next to speak was Mr. David Hake, representing Four seasons Townhouses. He said'their developer entered into a contract with a corporation providing cable service. The'homeowners were originally charged $6.00 but are now being billed for $7.80. They have been offered a superior service by Jefferson Cable for $4.40. They have brought suite and a date for this case has been set for August. He felt it would be better to have one good service rather than having two. At this time, Mr. Fisher suggested that the new Board members get a copy of the ordinanc and ~he memorandum which was prepared last year and continue discussion of this matter in JUne. ~ES: l~]gYS: No. 11. Discussion: Motorcycle Noises, Present County Ordinance on the Subject and EnfOrcement of Same. Mr. Fisher said he is concerned and has received several Complaints about the noise factor of motorcycles. A new ordinance was enacted by the Board two years ago requiring that motorcycles carry original equipment to control noise whether they are on the public highways or private property. Sheriff George Bailey was present. He said in 1974 a suit was brought by one property owner against another due to the use of one's property as a racetrack. The Judge allowed the people to ride their motorcycles up to 6:00 P M. on weekdays and on Sunday from 2:00 to 6:00 P.M. He said the problem he has is that most of the offenders are juveniles. In Section 12-20 of the Albemarle County Code, it states that the noise emissions must be hazardous to the health and well-being of the county citizens, and that no person shall operate any motorcycle not equipped with an exhaust system. His office finds it impossible to get a neighbor to testify against a child riding a motorcycle. He felt if there were someway to get the section eliminated pertaining to one testifying and go to State Code Sections 46.1-301 and 302 which apply only to highways of the state, he could enforce that section. Mr. St. John said the problem with Section 46.1-301 and 302 is that it applies only to highways. The Sheriff has no authority to arrest a person unless he sees the person create a misdemeanor in his presense or if a citizen swears out a warrant. Mrs. Lucian R. Scruggs, a resident of East Market Street, spoke in regards to the motorcycles on property near her. She stated they were there all afternoon during the week and on Sundays until dark. Mr. John Embree felt people would be willing to testify if they thought it would be up held in court. Mr. Agnor said the RTM zone is the only zone in the Zoning Ordinance where noise is controlled by a certain decibel level at the property line. He wondered if that is ~orceabie, if it could be included in other residential zones in the county and enforcement mede by the Zoning Administrator. Mr. St. John said instruments to measure the decibels and trained people to use the equipment would be needed to enforce such a provision. Mr. Fisher felt requiring motorcycles to have mufflers would help. Mr. St. John said an ordinance can be drafted requiring mufflers but wherever motorcycles race there will be noise. Discussion ended at this time and Mr. Fisher said he hoped the County Attorney's office, the Sheriff, and the Board could work out a reasonable solution to this problem. No. 12. Question and Answer Session by Students. Several of the students spoke in support of the School Budget for 1976~7 and expressed their concerns about any reduction in teachers salaries. No. 13. Resolution: Clustering of Houses in Subdivisions. Mrs. Martha Selden requested that the Board adopt a resolution of intent to amend the Subdivision Ordinance to allow for clustering of houses in subdivisions. Mrs. David asked if roads would be a problem since the Board has changed road requiremen' s requiring that all subdivision streets be built to meet state highway requirements. She felt this would be a place where narrower roads might be desirable. Mr. Roudabush said there were two things about this resolution that would be useful. One would be not allowing people to strip the roads and the other would be by clustering and allowing smaller lots, you could get more lots on a road. Thus, the road costs would decrease. The roads would still have to meet highway standards. At this time, motion was offered by Dr. Iachetta to adopt the following resolution of intent: BE IT RESOLVED by the Board of Supervisors of Albemarle County that the Board intends to amend the Albemarle County Zoning Ordinance and the Land Subdivision and Development Ordinance to provide for the development of clustered residential subdivisions. To that end, be it further resolved t~t%~h~ ~ ~ - s~aff.,.and~,th~,lann~ng Commission be, and:~t~he' ,~ reby is, requested to prepare appropriate amendments to the aforesaid ordinances providing for such development by right in every residential zoning district and for appropriate subdivision controls. Mrs. David seconded the motion and same carried by the following recorded vote: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 14. Appointment: Liasion Officer for Census Bureau Data. Mr. Agnor said in a letter dated April 9, 1976, from Mr. John A. Banks, Jr., the Board of Supervisors had been requested to make an appointment of a liasion person for Albemarle County to provide contact with the Divisio~ of Legislative Service~~aration of the 1980 census. It provides for the review-~t~~a~-~n~ ~--6~ precinct and election maps of districts within the county. Ultimately, these maps would be returned to the Board for their certification and verification. He stated that in the 1970 census _~ ~Ma¥ 12, 1976 principally to planning this appointment should be someone from the planning department. At this time, Mr. Roudabush offered motion to accept the county executive's recommendati¢ of Mr. Robert Tucker to be appointed liasion officer. Dr. Iachetta seconded the motion and same carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. No. 15. Regional Health Disaster Plan for Planning District Ten. over to June 9, 1976. Ordered carried No. 17A. Special Appropriations: Equalization of Pay Ordinance. The following resolution was offered by Dr. Iachetta: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $800.00 be, and the same hereby is, appropriated from the General Fund and transferred to the General Operating Fund and coded to the following codes for the payment of compensation: 18A.2 - Thomas Jefferson Planning District Commission 18B.4 - Piedmont Virginia Community College Board 18B.11- Community Action Agency Board $150.00 500.00 150.00 Motion was seconded by Mrs. David and carried by the following recorded vote: AYES: NAYS: Mrs.' David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. AYES: NAYS: No. 17B. Special Appropriations: Expenses - Fleming Case. The following resolution was offered for approval by Dr. Iachetta: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $2,825.54 be, and the same hereby is, appropriated from the General Fund and transferred to the General Operating Fund and coded to iA-103.1, said funds to be used for payment of legal fees on the Fleming case. Motio~uwas~seconded~by~MrS~-D~idDa~d~ca~riedr~BY~he following recorded vote: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 18. Resignation -- George Gilmer as Delinquent Tax Attorney. Mr. Fisher read the following letter into the record: "April 13, 1976 Board of Supervisors County of Albemarle County Office Building Charlottesville, Virginia Gentlemen: I have been collecting delinquent taxes for the County for over 30 years. The arrangement has been attractive to me and I hope to the County, but all good things must come to an end. I am now 88 years old. I cannot work as long or as fast as I used to. To do work promptly and satisfactorily, I have to reduce my volume. I therefore regretfully have to ask that the contract be cancelled as to all taxes that would normally be turned over to me after January i, 1977. Mr. William H. Muller, III has been helping me this year with the work and I recommend him to you. He has a nice manner and is a good worker. I recommend Mr. Muller for your consideration and believe you will find him satisfactory and well qualified for the work. Thank you for our long and pleasant relationship. old age may be delayed, but are eventually inevitable. The effects of Yours truly, (Signed) George Gilmer" Mr. St. John said Mr. Gilmer's job has been to bring chancery suits for the purpose of holding auctions to auction land on which taxes have not been paid for a period of more than three years. Mr. Gilmer started this job in 1940 or 19~1 which was at the start of World War II. He got the situation under control and set up a system whereby automatically at the end of three years, when a piece of land became delinquent he would bring a chancery suit and auction the property off and account for the proceeds. This involved looking at the titles so orooer notice could be ~iven. advertise in the oaoer and a~count for the 194 May 12, 1976 If a piece of property is delinquent for three years, Mr. Gilmer sells it. the amount attributable to the third year. He gets 15% of At this time, Mr. Fisher asked Mr. St. John to consider some commendation from the County for Mr. Gilmer's services performed. Mr. St. John noted that Mr. Gilmer had rendered a number of services to the county in his thirty years of service and felt he should be commended for such. The Board agreed to acknowledge receipt of the letter and take the appointment under advisement. The Board concurred in Mr. Gilmer being commended in some way. No. 16.. Public Hearing: Ordinance to Create the Industrial Development Authority of Albemarle County. (Advertised in the Daily Progress on April 27, 1976 and May 4, 1976.) Because the ordinance as originally advertised had been drastically revised since the first public hearing on this matter in December 1975, Mr. Agnor read the ordinance into the record: AN ORDINANCE TO CREATE THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA, PURSUANT TO THE INDUSTRIAL DEVELOPMENT AND REVENUE BOND ACT, CONSTITUTING CHAPTER 33 OF TITLE 15.1 OF THE CODE OF VIRGINIA OF 1950. BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, as follows: 1. There is hereby created a political subdivision of the Commonwealth of Virginia, pursuant to Chapter 33 of Title 15.1 of the Code of Virginia, 1950, as amended, in the manner hereinafter set out. 2. The name of the political subdivision created shall be the Industrial Development Authority of Albemarle County, Virginia. 3. The public and corporate powers of the Industrial Development Authority of Albemarle County, Virginia, are solely and exclusively limited to the power to finance industrial pollution control facilities for industries presently located in Albemarle County, Virginia; the power to finance industrial plant expansion for industries presently located in Albemarle County, Virginia, requiring minimum local public utilities and providing new jobs, the substantial majority of which shall be filled by'prior residents and domiciles of Albemarle County, Virginia. 4. No financing of any industrial pollution control facility or industrial plant expansion or new industrial facility by the Industrial Development Authority of Albemarle County, Virginia, shall take place without the prior approval of the Board of Supervisors of Albemarle County, Virginia. 5. Any industrial pollution control facility or industrial plant expansion or new industrial facility financed by the Industrial Development Authority of Albemarle County, Virginia must occur within the legal boundaries of Albemarle County, Virginia; and the Albemarle County Board of Supervisors must approve the proposed location-of any industrial pollution control facility or industrial plant expansion or new industrial facility prior to any financing by the Industrial Development Authority of Albemarle County, Virginia. 6. There shall be no more than three bond issuances of the Industrial Development Authority of Albemarle County, Virginia, in existence at any one time. 7. Ail by-laws, standards and priorities of the Industrial Development Authority of Albemarle County, Virginia, shall be approved by the Board of Supervisors of Albemarle County, Virginia, prior to their adoption by the Industrial Development Authority of Albemarle County, Virginia; and any revisions or changes of said by-laws, standards and priorities shall require the prior approval of the Board of Supervisors of Albemarle County, Virginia. This ordinance shall be in force and effect from and after the of . At this time, the public hearing was opened. No one from the public spoke for or against this matter. The public hearing was closed. Mr. Ray Jones, Director of Finance, spoke next and said the ordinance as proposed is a ~verbatim of the recommendation of the committee which was composed of himself, Mr. Roudabush and Dr. Iachetta. Mr. Dorrier felt the development authority was in the best interest of the citizens of the county. He also felt it should be reviewed periodically to see how it is working. Mrs. David asked how long the bond issuances were likely to run. Dr. Iachetta said twenty years unless the ordinance is amended. Mr. Roudabush said he had talked to several people in the county about this and they all felt it a good idea to have this authority. Mr. Fisher said he had reservations about this earlier but after some thought decided it was a good idea since jobs would be provided. At this time, Dr. Iachetta moved the adoption of the ordinance to create the Industrial D~velopment Authority as set out above and to insert the date of May 12, 1976 in Section 8. Mr. Roudabush seconded the motion and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, tachetta and Roudabush. None. Mr. Roudabush suggested that each board member submit the name of one person from his district to serve on this commission and select another member to be an at large member. Mr. Fisher agreed with the suggestion but felt as many interests as possible should be represented. He asked the Board members to submit names to the Clerk within the next three weeks. No. 1Sa. Refunds. Mr. Roudabush offered motion to approve the following personal property refunds for 1974 and 1975. WHEREAS, the Director of Finance of Albemarle County, Virginia, has appeared before this Board and certified that Mary J. Viles was erroneously assessed on an automobile for 1975 personal property taxes -on Ticket No. 113048, said refund to be $18.80 and Lewis D. Romano was erroneously assessed for 1974 personal property taxes on Ticket No. 110304, said refund to be $136.90; and WHEREAS, the County Attorney h~s examined supporting evidence and consents that such assessments were erroneous; NOW, THEREFORE, BE IT RESOLVED, that pursuant to the Code of Virginia, Section 58-1142, the Board of Supervisors of Albemarle County, Virginia, does hereby direct the above stated refunds. FURTHER, all supporting papers verifying these requests are to be filed in the permanent records of the Board of Supervisors. Motion was seconded by Dr. Iachetta and same carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 19. Policy: Appropriations to Fire Companies. As recommended by the Director of Finance for the County of Albemarle, the following resolution amending a similar resolution adopted on April 16, 1976 was offered for adoption by Dr. Iachetta: BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby state that amounts appropriated in the County budget for approved volunteer fire companies shall be made available to such volunteer fire companies for any legitimate fire equipment or operational expense that they see fit during the month of July of each fiscal year; AND FURTHER RESOLVED that each volunteer fire company shall forward to the County a copy of their budget at the time this payment is made. vote: AYES: NAYS: Mrs. David seconded the fo: Mrs. David and Messrs. D None. No. 22. Claims Against th The Board had asked the Co' approve each and every claim ma handle this claim. Also, in a killing animals, if the dog war. claim to the Board for payment. Mr. Jim Bowling, Deputy Co' each and every claim made for d who has a claim for damages has brought to the Board for their for such a claim. The Section of livestock killed or injured ?egoing motion and same carried by the following recorded ~rrier, Fisher, Henley, Iachetta and Roudabush. Dog Tax FUnd (4). nty Attorney his opinion as to whether the Board had to [e for damages to animals and fowl or if the staff could ~ituation where the dog warden knew the owner of the dog len could try to collect for damages before presenting the ~nty Attorney said the Board of Supervisors must approve ~mages. Section 29-202 of the Code states that the person the claim against the County. Thus, all claims must be ~ction. The Board is the only body that can give compensation ~lso requires the Board to pay any valid claim to the owner ly any dog not his own, whether the Board knows the owner of the dog or not. He suggested t? the Board to consider this package for the next session of/the General Assembly~ At this time, claim was presented from Mr. Roy Bailey January 9, 1976. On motion for the amount of $120.00. The AYES: NAYS: Mrs. David and Messrs. D. None. A second claim was receive, 1976. Motion to approve this c Motio~ was~eco~d~ ~y Mrs. Dav again when it adopts its legislati for eight sheep killed on ~r. Henley, seconded by Mr. Roudabush, this claim was approved motion was carried by the following recorded vote: ~rrier, Fisher, Henley, Iachetta and Roudabush. from Mr. R. W. Underwood for 7 hens killed on March 17, .aim in the amount of $21.00 was offered by Mr. Henley. .d and carried by the following recorded vote: 196 May 12, 1976 Next was a claim from Mr. J. W. Sparks for one calf killed on April 15, 1976. Motion to approve this claim in the amount of $25.00 was offered by Mr. Henley, seconded by Mr. Dorrier and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. The last claim was received from Mr. Thomas Wetsel for a shoat killed on April 27, 1976. Motion to approve this claim in the amount of $35.00 was offered by Mr. Henley, seconded by Dr. Iachetta and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 23. Appointment: Rivanna Water and Sewer Authority. Dr. Iachetta moved to reappoint Dr. Lawrence QUarles to serve another term on the Rivanna Water and Sewer Authority Board with term to expire on May 1, 1978. The motion was seconded by Mrs. David and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 24. Report of the Department of Social Services for the month of March, 1976, was received in accordance with the Virginia State Code, Section 63.1-52. No. 25. Statement of costs incurred in the maintenance and operation of the Joint Security Complex for the month of April, 1976, along with statements of prisoner days, paramedic salaries, jail physician and salary of the classification officer were received. On motion by Dr. Iachetta, seconded by Mrs. David, these statements were approved as read. The motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 26. Statements of Expenses of the Office of the Director of Finance, Commonwealth's Attorney and the Sheriff's Department for the month of April, 1976, were received. On motion by Dr. Iachetta, seconded by Mr. Roudabush, these statements were approved as read. The motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Mr. Fisher asked that the Commonwealth's Attorney, John Dezio be invited to meet with the Board to discuss how the ordinances of the county are enforced. He asked that this be set at a time suitable to Mr. Dezio. No. 27. Statement of Expenses for the Joint Security Complex for the month of April, 1976 was received. On motion by Dr. Iachetta, seconded by Mrs. David, this statement was approved as read. The motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. At this time, Mrs. David brought to the Board's attention a report she had received from Karen Morris, Director of Social Services, entitled "Administrative Review of the Albemarle County Department of Social Services." She noted that this survey had been conducted by the regional office in Verona, Virginia and showed a result of better than average. No. 28. Monthly Report - Fire Hydrants. Mr. Agnor presented to the Board a memorandum from the Albemarle County Service Authority which indicated that all parts are on order for seventeen hydrants to be raised, ten sets of threads to be replaced and eight to be relocated. He noted that since the last board meeting four hydrants had been raised. The number to be raised in the last report was nineteen and should have been twenty. Completion of the remaining items will be handled as rapidly as possible. He then noted that in a memo from Kelly P. Reynolds, County Fire Marshal, five hydrants had been added thus making the total 508 public and private hydrants in the County. Mr. Reynolds also said the County Attorney's office is drafting an ordinance requiring water suppliers to maintain the hydrants on their system in working condition. Also, Mr. Agnor read a letter from Congressman Kenneth Robinson regarding the Scottsville hydrant problem. The letter is set out below: "April 23, 1976 Mr. Kelly P. Reynolds Fire Marshal Albemarle County 404 East Market Street Charlottesville, Virginia 22901 Dear Marshal Reynolds: I just want you to know of my desire to cooperate in any further practicable way toward a solution of the water supply system problem in Scottsville. The Public Works and Economic Development Act, as amended, would not seem to be applicable to the situation, as it is intended primarily to assist economically depressed communities which can meet criteria '~' ~' including a high unemployment rate. I have suggested that Scottsville explore further the possibility of assistance from the program of the Farmers Home Administration for water supply systems in small communities, if it is not possible to work out a reprogramming of some of the HUD money earmarked for the flood protection work. As you are close to the situation, I should be glad to hear further from you at such time as comments might occur to you with respect to this serious situation. Sincerely yours, (Signed) J. Kenneth Robinson" Mrs. David stated she had a petition from residents of Old Forge Road indicating their interest~ in haVing adequate fire protection. At this time, only one hydrant is on Georgetown Road. She has talked with Mr. E. E. Thompson of the Albemarle County Service Authority and Kelly Reynolds. In cases such as this, it is left to the residents to finance the protection or for the county to do same. Mr. Fisher said if the county starts installing fire hydrants in subdivisions where none now are installed, then the county will be beseiged with requests. Dr. Iachetta asked if this situation could be taken care of in a community development block grant application. Mr. Agnor said it would require a complete analysis of all water systems in the county. Dr. Iachetta suggested this be checked into for next year's grant submission. No. 29. information. Report of the County Executive for the month of April, 1976, was received as No. 30. Other Matters Not on the Agenda from Board Members. Mr. Fisher read into the record the following communication from the Judge Advocate General's School: "10 May 1976 Mr. Gerald Fisher Chairman, Board of Supervisors County of Albemarle Route 5 Sheffield Road - West Leigh Charlottesville, Virginia 22901 Dear Mr. Fisher: Our observance of Armed Forces Week 1976 at The Judge Advocate General's School, U. S. Army, will come to a conclusion Saturday, May 15, with an open house from ten until two o'clock. Our successful operation has depended in no small part upon the cooperation and assistance which we receive from our University and Charlottesville-Albemarle community friends. Accordingly, we are indeed pleased to have this opportunity to extend our hospitality to you and members of your Board and to welcome you to our new home. Yours sincerely, (Signed) William S. Fulton, Jr. Colonel, JAGC Commandant" He also read a request from Charles Barbour, Mayor of the City of Charlottesville in which he requested that Mr. Agnor, serve on the Central Piedmont Urban Observatory Policy Board as a representative of Albemarle County. He noted that this Board is jointly set up by the City and the University of Virginia. Mr. Agnor said he had served on the Board since its inception. It is a three year program and requires one afternoon per month. Mr. Agnor said he would be willing to serve in this capacity. The Board was in agreement with the request. No. 20. 3:00 P.M. - Subdivision Plat: property owners. Westridge. To be heard on appeal from adjoining Mr. Roudabush abstained from participation on this matter because his firm is involved in the project. Mr. Robert Tucker, Director of Planning, presented a background of what has happened tb ~date. The subdivision plat indicates a 25% slope. The Planning Commission approved this subdivision plat on April 27, 1976 subject to: 1) a grading permit; 2) the Virginia 198 May 12~ 1976 Department of Highways approval of the entrances; 3) source of title needed on the plat; 4) pipe stems granted to lots 2 and 3 with a waiver of frontage because of the topography and shape of the lots. (Under the subdivision regulations the agent for the Board or the Board of Supervisors must approve that waiver. He concurred with the Planning Commission's recommendations. He felt their reasons were justified and provide a safer entrance to the lots since only one entrance would be built to serve four lots as opposed to four separate driveways;)5) no building on slopes of 25% or greater. (This is part of the Soil Erosion Ordinance in the watershed area;)6) lots numbered one and four must share an entrance. Mr. Tucker said prior to signing the plat, he had instructed Mrs. Scala to contact the property owners in the area and tell them he was approving the waiver~ ~ut, he would not sign the ~lat until they had an opportunity to appeal this to the Board. This is the reason this matter is on the agenda at this time. Many issues have been brought up. The slope is one. The Health Department has given its approval. Percolation tests have been performed on all of the lots and they meet the Highway Department requirements. Mr. Tucker read a letter from Mr. Ed Roseberry, sanitarian, which answered several questions pertaining to possible pollution of surface and subsurface water on and near the Westridge Subdivision. Number one, the septic tank drain field systems were considered on an individual basis, but with the impact to the entire subdivision and surrounding properties kept in mind. An overall soil study was done on all six lots to determine soil suitability in regard, to subsurface absorption. In addition to this, percolation tests were established by, digging test holes on each lot and measuring the rate of drop. Number two, with the rate that subsurface absorption takes place on these lots there should be no possible chance of surface water pollution. Mr. Roseberry also stated he could not predict the runoff of pesticides, fertili~ and so forth. That would depend somewhat on the area which would be grass cultivated. Ail septic drainfields are required by law to be at least fifty feet from any body of water or stream. The stream runs basically down the geographical center of these lots. Mr. Fisher said the Board had received letters from eight of the adjacent property owners. He noted this to be a very unusual procedure and one which he had never been through before. At this time, he opened the hearing for the persons appealing approval of this subdivision plat. First to speak was Mrs. William Trench. record: She read the following letter into the "May 12, 1976 To the Board of Supervisors. Ladies and Gentlemen: I live on the south side of the Hill Property. I have a longer adjoining frontage than anyone else concerned with this matter. I therefore will speak to my own personal concerns. After my husband's death in 1969 I and my three children returned to Charlottesville where I had grown up and I used my insurance money to buy a piece of land for a small horse farm. In choosing this location I looked at the character of the area and the size of other plots nearby. They were all in the fifteen acre range or more. I thus proceded to buy a house with 16.6 acres and build a $10,000 barn and put in $2,500 in fencing and finally establishing four horses in the pasture. Mr. Hereford's lot just next to this pasture is such an odd shaped lot that it will require putting the house very close to this field and thus make the continued use of that field for horses very difficult if not impossible. My farm and barn will no longer be salable for its present use and thus I will face a considerable financial loss. In addition to this, I am faced with the fact that a developer (Mr. Hereford) wants to come into the middle of a quality neighborhood and put too many lots on a very marginal piece of land. Of course he can make a quick profit with this procedure. Many other developers have done just this in the past, but his profit is my loss. The issue here is a moral one as well as a legal one, are we as taxpayers and voters expected to take unknown financial losses for the benefit of developers. Mrs. Hill has told me that Mr. Hereford has a contract on this land which is contingent on his plans being approved. If he does not see his way clear to an adequate profit, he can walk away from the deal. I cannot walk away from my losses, this is my home. Perhaps this will explain why I would consider court action on a technicality in order to try to protect the_value of my own property. Please excuse the personal nature of this comment but I am worried and a little scared about the outcome of this procedi~ng and your actions as a concerned board. Respectfully, (Signed) Margaret Trench" Next to speak was Mr. Graham Tull. He said he had not written a letter but was asked by several landowners to come in and comment. He lives in the neighborhood. The topographic map indicates the slope of the pipe stems to-be in excess of 20%. The frontage requirements for the two lots in the back is waived. The plat should at least meet the restricted road requirements which it does not at present. The shape of the lots violates Section 3-19 of the Subdivision ordinance. It specifically prohibits pipe stems. Another section 3-6 states "there is a mutual responsibility between the County of Albemarle and the subdivider to divide and develop land in an orderly manner in accordance with the intent of the comprehensive Dian." The comprehensive Dian saws that this area should be five acre zoning. rs .i 1.98 May 12, 1976 Dr. Lawrence Meem was next to speak. He said this area has traditionally been in much larger acreages than two acres. The original master plan showed the area for a five acre minimum~~ He bought his property, fifty acres, in 1958. Since that time, he has subdivided it into five lots, and restricting it so that it can never be subdivided in smaller lots during his lifetime. He noted there are acreages in the area, one being Westridge and the other Ivy Brook, which are proposed to be divided into two acre lots. He said this is raping the land. The property owners need protection and the Board is the only one that can give this protection. After six houses are built, and sold, the runoff after each rain will go into his lake. He felt it is only fair to warn the property owners in Westridge that they will be subject to legal proceedings if the lake downstream becomes contaminated. In conclusion, he had two requests to the Board. One, declare a moratorium on the su~ of~ property in the area along State Route 676 northwest of Ivy. The second request was to not approve the subdivision of Westridge until a plat has been presented showing the location of residences, wells, septic tanks and drain fields; each of these locations approved by the appropriate officials of local government. Mr. David Lewis spoke next. He presented the following five points of his appeal. One, the topographic map dated March 29, 1976 was incorrect in that it does not show at least one deep ravine that runs essentially perpendicular to State Route 676. This ravine includes depressions running from eight to twelve feet and is located approximately in the area noted as Lot 5 on the map. He then submitted photographs showing the ravine and creek area in which there was a ten foot elevation difference with essentially a vertical bank. He asked what could be done to assure a Proper map be given to the Planning Commission before approving a plot with massive areas exceeding a 25% slope. The second point was a quotation from the Albemarle County Soil Erosion and Control Ordinance, Appendix A. The quotation read "Land in the watershed of the South Rivanna River Reservoir may be developed as otherwise provided by law except that on slopes of twenty-five percent (25%), or greater, no building, grading, or excavative activity, except such activity as shall be necessary for the construction and/or installation of utilities and/or roads, shall be permitted." He asked if this 25% slope concept meant building on a patch of land the size of a house. He then quoted the following from Section 3-6 of the Land Subdivision and Development Ordinance. "There is a mutual responsibility between the County of Albemarle and the subdivider to divide and develop land in an orderly manner in accordance with the intent of the comprehensive plan." He asked if the word "intent" could be ignored. He felt the intent is further exemplified by the proposed zoning map that is presently in the Planning Office showing Agricultural 5 for this area. This was his third point. Fourth, Mr. William C'olony, a sanitary engineer, had reported to the Planning Commission on April 20, 1976 that some of the land could absorb a lot of sewage effluent because of the type of soil and possibly contaminate the wells in the area. His last point was section 4-6 of the Ordinance which states that "the minimum required frontage shall be two hundred fifty feet for single family residential." Also, the Land Subdivision and Development Ordinance Section 3-19 should not be ignored because it says "lots shall not contain peculiarly shaped elongations which are designed solely to provide necessary square footage of area or frontage on a public road and which would be unusable for normal purposes." In the area being discussed, shapes and frontages are involved. He was curious as to this part of the ordinance being capriciously ignored in that Lot #1 is peculiarly shaped. H6 concluded by saying he would appreciate the Board's consideration of these points. Dr. Iachetta asked about the topographical map which was before the Board. Mr. Michael Boggs, engineer from Roudabush and Associates, said it was prepared from an aerial survey of the Virginia Department of Highways in 1962. Next to speak was Ron Hancock, part owner of the lake. He said if there is any there will be a lawsuit. He did not think more than three lots should be approved. Mr. Collins Thach who owns a farm adjacent to the property in question spoke next. He presented a map for Mrs. Peggy Hancock. She had prepared the map to illustrate what the people feel is in the best interest of the area. The map is a result of a proposal sent to the landowners in the subject area asking their opinion on a five acre zone. The answer derived from the proposal was that a five acre minimum is in the best interest of the area. The landowners would like to suggest that the subdivision in question be modified. Mr. Thach had four reasons for such a request. One, the road is steep, narrow and winding. Secondly, the topographical map is not accurate enough for affirmative approval of the subdivision as proposed. Third, Mr. William Colonyffound that there could be geological fault underneath the ground which could result in the pollution of the ground water by ~Pt~¢!fi~ld~;[ The landowners feel more extensive testing must be made. Fourth, it should not be so difficult for property owners to prote~ct themselves from developers. This is a matter of great concern. They are asking for limited development. They would like to propose to the Board as they have proposed to Mr. Hereford that these lots be a minimum of five acres. The property owners would be willing to buy any remaining acreage. They would also give access of the back lot by a right of way. This would save some expense. He concluded by stating he hoped the Board had the power to sit in judgment and would consider the petition the landowners will present in June. Mr. David Wood, representing Mr. Hereford, presented the following. During discussions, considerable references has been made to the Comprehensive Plan. The zoning map is the tool by which the Comprehensive Plan is enforced. He noted there had been attempts to amend the zoning map from time to time. But the map is the control of development in Albemarle County. He stated that Mr. Hereford has eighteen acres of land which he wishes to subdivide. The ordinance states that he might divide this into nine 2 acre parcels of land. Mr. Hereford felt this density would be too great so he chose to divide the land into acreages of 4.4, 2.2, 2.4, 2, 3.8 and 3.1 acres. In order to avoid excessive entrances onto the road, he electedto build an entrance road that would serve four lots. The other two lots would have entrances onto Route 676. Another question that had been presented during the discussions was the topographic map. Most every subdivision that has been brought to the Board has been based on these same aerial surveys and these have been accepted. Another reference was made to the 25% grade restrictions. Many lots that have been brought to the Board have been in excess of 25%. In reference to Mr. Colony's concern about the pollution from the septic system, the Health Department has been out twice to check the percolation of these lots and from this standpoint approved the subdivision both times. For these reasons which indicates the applicant has leaned over backwards to comply with the elements of law, he asked the Board to approve the plat for Westridge. 200 / May 12, 1976 Mr. Fisher realized topography was of great concern so he had asked the County Executive to have someone from the Zoning Office go out and look at the property. The following report was submitted by an inspector from that office: "TO: FROM: SUBJECT: DATE: H. P. Clarke, ZOning Administrator D. L. Woodson, Inspector Westridge Subdivision May 12, 1976 Inspection was made this morning of Westridge Subdivision for the purpose of determining the amount of erosion taking place on the creek which flows north through approximate center of four of the six proposed lots. The creek begins at a point approximately !00 feet north of the southern most property line (Lot 1) from an underground spring. At this point in time, there is an approximate 15 foot ravine approximately 50 feet in length. The stream flows northward from this location. For approximately 300 feet N of the above mentioned ravine there are no unusual features or erosion taking place. However, there are steep embankments on both sides. At a point located in the general vicinity of the property line between lots 5 and 6 there is an existing pond which the dam has been leaking and there is very little standing water. A large amount of silt has been deposited in this pond and it appears to have originated from the deep ravine at the beginning of the Stream. The remainder of the stream from the pond to the northern most-boundary of the subdivision is very much like the area mentioned above where there are steep embankments on both sides. At this time the vegetation that exists on the property consists primarily of honeysuckle and other heavy undergrowth and the area is also wooded with approximately 50% of the trees being undesirable. If grading is to take place in any portion of this subdivision I would recommend very strict soil erosion control measures." Mr. Tull said~his topographical map was different from the one shown the Board. Mr. Boggs said they were the same. One shows where the houses are to be built and driveways constructed. The degree of the driveway can be kept to 15% or less with grading. Also,'~an erosion control plan showing strict measures will be presented. The erosion on the property now will be corrected. Mr. Fisher noted the present Soil Erosion Ordinance states that there shall be no building, grading or excavating activity, but does permit roads. Mr. Ed Roseberry of the Health Department said in their investigations of the property, the soil was better than normal as far as percolation goes. The concern among the people is that the effluent may get back into the streams. The Health Department has no indication this will happen~but it can not be guaranteed, Every specification the Health Department rec as far as the e. ffluent from the septic tanks has been met on a preliminary test. Mr. David Morris, an adjacent property owner, said without a site plan there can be no comprehensive study on the question of erosion nor can there be any determination of the adequacy of the drain fields until the type home and its location is determined. He felt a more complete site plan indicating the type and location of homes on the lots is necessar to provide the proper information for the Board to make a decision. Mr. Fisher said any subdivision approval is always subject to further ~review for such things as grading permits, building permits, and septic tank permits. The basic county approval is the subdivision plat. Once that is approved in conformance with zoning the other factors will be done if they are technically feasible. These are not policy decisions Dr. Iachetta stated that by looking at the topographical map and the weird shape of the parcel there was no way to look at lots 1, 4 and 5 and not feel they were drawn to get minimum acreage. He felt the layout as it stands violates the concept that lot shapes shall not be so construed to meet the two acre minimum requirement. He said without any voluntary action on the part of the subdivider to reduce the number of lots he would move to not allow the waiver for the pipe stems and require this subdivision be reworked to see a better layout. Mr. Fisher asked if he was suggesting that the Board defer any action on this appeal and give the applicant an opportunity to consider an alternative which does not require any waivers of this pipe stem. Dr. Iachetta said yes. Mrs. Opal David said she had the original proposal and it involved five separate entrances on the highway with one pipe stem leading to the back lot. This plat is an attempt to improve that situation. Mr. Fisher said he had reservations about waiving the basic requirements of the subdivi: ordinance relating to pecularily shaped elongations which are designed solely to provide necessary square footage or frontage on a public road that will be unusable for normal purposes. He asked the County Attorney what the Board's position was under the Subdivision Ordinance. Mr. St. John said the Board has the next-to-last word on whether requirements can be waived or not. According to the ordinance, if refused a waiver the developer can appeal, within ten days after any such decision by the Planning Commission. The Board can overrule the Planning Commission and whichever side does not prevail can file a suit for declaratory judgment or suit for personal damages or whatever. Mrs. David asked if the proposed amendment to the Zoning Ordinance which was considered earlier in the day providing for clustering within subdivisions would offer some solution to this problem. mires ~on May 12, 1976 201 Mr. Tucker said no. The minimum lot size for clustering would be 60,000 square feet. Much of that area would have steep slopes so the number of lots you could actually get out of it would put it back in the same position. Mr. Henley asked how this came to the Board. Mr. Fisher said the applicant requested that the Board waive the provisions of the subdivision ordinance that essentially prohibits such shaped lots. Mr. St. John said that is not the way it is legally. The Planning Commission has waived this requirement. Even if the Board takes no action, the waiver will stand. In order for the waiver not to remain in effect, a legislative act by the Board is required. Short of a legislative act denying the waiver, the waiver is in effect right now and will stay in effect. Mr. Henley f.elt the applicant knows the problems of the property and the ordinances of the County. The Health Department!s restrictions on locating houses and septic tanks have been met and he felt the problem could be taken care of. Mr. Dorrier sympathized with the landowners in the area. He was concerned about the slope, but said if the Health Department approves septic fields then pollution of the streams should not be a problem. He did not feel there was any concrete evidence to deny the plat as being detrimental to the health and welfare of the people. He was in favor of a lesser number of lots. Mr. Roseberry said the Health Department did not say there would definitely be no pollution. Through investigations, they feel there will not be a problem. The Health Department could not deny the subdivision on soil conditions. Mr. St. John said the question is whether the Board will hold the subdivider to the subdivision ordinance or uphold the waiver as recommended by the Planning Commission. The question is not on the number of lots. Mr. Agnor said two schemes dated the same date had two methods to get to the back lots off of Route 676. Both resulted in six driveway entrances onto 676. The "dog leg" approach attempted to respond to the concerns of the people about the safety on the highway thus reducing the six entrances to three. If the Board decided not to grant a waiver to the peculiar shaped lots, then the property owner is back to the original scheme of six entrances The Board cannot govern the number of lots. Mr. Fisher asked what type of common road is planned to serve four residences. Mr. Tucker said no specifications were submitted to the Planning Commission for their review. There. will be an access way to service these four lots. Mr. Fisher noted that the Board does not allow restricted roads. Mr. Tucker said it would be very much like a restricted road. Dr. Iachetta withdrew his previous motion and moved to deny the waivers granted by the Planning Commission. Mr. Dorrier seconded the motion. Mrs. David said she was unwilling to support the motion because it would result in the applicant going back to the plan with six entrances onto the highway. Mr. Henley said he could not support the motion either. He was not a great advocate of pipe stems but a number of them have been approved. He felt if a person has a right to have a two-acre lot he could not see creating all kinds of problems. At this time, the roll ~as called and the motion carried by the vote which follows: AYES: Messrs. Dorrier, Fisher and Iachetta. NAYS: Mrs. David and Mr. Henley. ABSTAINING: Mr. Roudabush. (Ail exhibits handed in at this Board meeting are on permanent file in the Office of the Clerk.) No. 21. Request: Alcoholism Center. Mr. Alfred Dofflemyer presented the request. The request was from the alcoholism center on Chancellor Street for assistance in operating a halfway house. A similar request was made to the City. He had been asked by Dr. Moore of the Health Department to be an interim coordinator in order to finalize the plan for the operation of the halfway house. The halfway house according to the Fire Marshal can be occupied for eight persons and a resident manager. In talking with Judge Barry Marshall, he was informed that at least eight people a week come before him that could use the service. The purpose of this house is to get the alcoholics away from the crowds they normally drink with. Hopefully, this would direct them in another path. John deK. Bowen, Chief of Police for the City, had stated that since the halfway house began there had been a decline in arrests. Mr. said a total of sixteen occupants is being shown for the city and the county. The maximum time one could stay would be three months. They are confident they would not have to stay that long. The estimated cost per bed per day would be about $19.79. He felt $80,000.00 a year could be saved by having this house. Mr. Fisher asked if the requested amount of $10,564.38 was for the fiscal year be in July. Mr. Dofflemyer said that was when they hoped to get started. At this time, Chief Bowen spoke from the enforcement point of view. He said the arrests have dropped off. The law was changed last year so a judge cannot give time in jail for drunkenness. He felt alcoholism and alcohol related problems are by far the most troublesome when one looks at other problems in the City and County. Mr. Fisher asked if the people would be restrained for a specific period of time. Bowen thought the idea was to select those that would respond to this type of treatment. He felt twenty to thirty chronic people could be helped each year. Mr. 202 May 12, 1976 Mr. Lloyd Wood, a member of the Area Ten Alcoholism Center, spoke next. He was astonished that as many as 4,800 citizens in the County needed some type of treatment. He felt the Board of Supervisors would have good control over the amount, of money requested in the way the program is proposed to be administered. The Judge knows who his repeaters are and with the cooperation of the Chief of Police in the City and the Sheriff of Albemarle County, this can be controIled. He realized the request was late, but due to legislative changes the request was not possible earlier. Mr. Dofflemyer said the users would be screened by a doctor and make recommendations to the judge before determining if the users should go to the house or not. The Judge would give them the option of treatment or being fined. Mr. Fisher asked the Board if they desired to have this request considered for appropriat after the public hearing on the budget. It was the consensus of the Board to have this request considered after the public hearing on the budget. Mr. Roudabush asked if the request was a one time-grant meaning they would not request any funds next year. Mr. Dofflemyer said no. The amount requested is the cost for this year. He said resources may be available next year which could reduce the amount requested from the city and county. Mr. Henley said if the request will be coming back next year, he would be interested in knowing the number of county residents contemplated to use the facilities and what happens to them. Mr. Dofflemyer said records would be kept. At 5:01 P.M., Mr. RDudabush offered motion to adjourn into executive session to discuss legal matters. Mrs. David seconded the motion and same carried by the following recor~d~v~e: .... AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. The Board reconvened at 5:12 P.M. No. 30. Other Matters, Not on the Agenda from Board Members. Dr. Iachetta asked the County Attorney to check with the Zoning Administrator about the erosion problem of the bank beside the Real Estate III office on 29 North. Mr. Fisher had a communication from Fred Payne, Deputy County Attorney for an amendment to the Soil Erosion provisions of the County Code. It was inadvertently left out when the Code was readopted and is essential to the administration of the ordinance. Mr. Payne requested it be adopted as an emergency measure. The amendment is as set out below: AN ORDINANCE TO AMEND SECTION 7-5 OF THE COUNTY CODE CONCERNING CERTAIN PROCEDURES OF THE ALBEMARLE COUNTY EROSION AND SEDIMENTATION CONTROL ORDINANCE WHEREAS, the Board of Supervisors of Albemarle County has recently adopted a new County Code; and WHEREAS, certain amendments were made to the said County Code., as originally prepared, upon adoption; and WHEREAS, in the course of said adoption, three certain subsections of Section 7-5 of the said Code were inadvertently omitted by editorial error; NOW THEREFORE, be it ordained by the Board of Supervisors of Albemarle County that there be, and there hereby are, adopted and incorporated into the Code of the County of Albemarle, as Sections 7-5(d), 7-5(e) and 7-5(f), the following: (d) In the event~that the plans and specifications so'submitted shall be approved, the zoning administrator shall require, prior to the issuance of an erosion Control permit, a performance bond with surety or other security of a type satisfactory to the.zoning administrator in an amount determined by the zoning administrator to be sufficient for completion of the controls specified in the plans and specifications should the person receiving the.permit not complete the controls as required. (e) When a plan submitted for approval pursuant to this chapter is found to be inadequate, the zoning administrator, in accordance with recommendations of the advisory committee, shall specify such modifications, terms, and conditions as will permit approval of the plan and shall communicate these requirements to the applicant. The applicant may then resubmit a revised plan showing such corrections as may be necessary to comply with the standards of the handbook. (f) The zoning administrator may require the submission of amended plans and specifications in any case in which insPection reveals that the controls set forth in the plan are inadequate to accomplish the erosion and sediment control objectives of this chapter; or where the permit holder finds that because of changed circumstances as for other reasons the approved plan cannot be effectively carried out. At this time, Dr. Iachetta offered motion 'to adopt the following resolution: ion May 12, 19 B: Virgin 7-5 of as set for a Mr. Ro vote: AYES: NAYS: 203 IT RESOLVED that the Board of Supervisors of Albemarle County, a, enacts on an emergency measure an ordinance to amend Section the Albemarle County Erosion and Sedimentation Control Ordinance, out above and hereby orders that this ordinance be advertised oublic hearing at 7:30 P.M. on June 2, 1976. Ldabush seconded the foregoing motion and same carried by the following recorded Mrs. David and Messrs. Fisher, Henley, Iachetta and Roudabush. None ABSENT: Mr Mr. Ag the Seconda "May Board Charlo Gentle: As req additi effect ADDITI Dorrier. aor then read a letter from. the Highway Department accepting Brook-wood Road into ry System. BROOKW Brookw Sincer (Signe J. E. and Ch Mr. Ag Social Ser- Dr. I~ and same ca AYES: Mrs NAYS: Non, ABSENT: M~ Mr. Ag permit. Mr. He adopted rul same carrie AYES: Mrs NAYS: Non ABSENT: Mr ll, 1976 of Supervisors of Albemarle County ttesville, Virginia 22901 neB: ~ested in resolution by your Board on April 14, 1976, the following on to the Secondary System of Albemarle County is hereby approved, iv, May l, 1976. DN DOD SUBDIVISION ood Road - From Route 1221 to Route 1204· ~ly, Earwood, Deputy Commissioner ief Engineer" LENGTH 0·07 Mi. aor read a request from Alice Satterfield, Service Worker, Albemarle ices for leave without pay on May 20th, 21st, and 24th, 1976. chetta offered motion to approve this request. rried by the following recorded vote: Mrs. David seconded the motion David and Messrs. Fisher, Henley, Iachetta and Roudabush. · Dorrier. nor then presented a request from the Greenwood Ruritan Club for a lottery nley offered motion to approve this request in accordance with the Board's es regarding issuance of such permits. Dr. Iachetta seconded the motion and d by the following recorded vote: David and Messrs. Fisher, Henley, Iachetta and Roudabush. Dorrier. Mrs. David said she had been receiving calls about the traffic on Lamb's Road in connection with Dr. Hurt's construction· She had checked with Mr. Perry of the Highway Department and Dr. Hur~ had agreed to 25 P.M. motion was offered by Dr. Iachetta to adjourn this meeting to May 19 at The motion was seconded by Mrs. David and same carried by the following recorded At 5: 3:00 P.M. vote: AYES: Mrs. David and Messrs. Fisher, Henley, Iachetta and Roudabush. NAYS: None. ABSENT: Mr. Dorrier. CHAIRMAN