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1976-03-18094 March 17, 1976 (Adjourned from March 10) March 18, 1976 (Regular Ail Day Meeting) AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. At 5:00 P.M., meeting reconvened from ~xecutive session and was prompB, ly adjourned. March 18, 1976 (Regular Ail Day Meeting) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on March 18, 1976, at 9:00 A.M. in the Board Room of the County Office Building, Charlottesvi Virginia. Present: Mrs. Opal D. David and Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher, J. T. Henley, F. Anthonty Iachetta and W. S. Roudabush. Absent: None. Officers present: R. St. John. County Executive, J. Harvey Bailey and County Attorney, George Agenda Item No~ 1. ~The meeting was called to order by the Chairman, Mr. Fisher, who introduced Mr. Charles Perkins of the Exte~i~ntService. Mr. Perkins introduced Mr. James Jackson Dunford, applicant for the position of~county agent. He briefly described Mr. Dunford's background and noted that the committee appointed to locate a new county agent wholeheartedly recommends Mr. Dunford for this position. Motion to appoint Mr. Dunford as of April 1, 1976, for the position'of 'County Agent, 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. Agenda Item No. ~. Approval of Minutes: October 16, 1975 and January 2, January 9 and January 14, 1976 ~Afternoon). Approval of minutes for October".16, 1975, were deferred as neither Mr. Fisher nor Mr. Henley had had an opportunity to read same. Dry. Iachetta suggested the following change to the minutes of January 2, 1976, page ~)~hange sentence to read: "Dr. Iachetta said we have already undertaken the planning process in this communit; Mrs. David suggested the following changes: page 450, change "Baure!e" to "Bauerle" and page 453, change "revitilzation" to "revitalization". Mr. Fisher noted that on page 450 it should state that the Board returned from Scottsville at 3:45 P.M. instead of 3:00 P.M. Motion to approve the minutes of January 2, January 9 and January 14 (afternoon), as amended, was offered by Dr. Iachetta, seconded by Mrs. David and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 2A. Request for right-of-way over Sanitary Landfill #2. Mr. Ashley Williams, Acting County Engineer, said he had met on the site this past Monday with Mr. Ray Marshall~to discuss access to Mr. Marshall's property by using the existing Keene Landfill road.to a point where it makes a turn and goes back in the area now being used for dumping. They also discussed erecting a fence along the side of the road where filling is taking place. ~'i~uMm~Ray,:Ma~mha%[~was~JDresent and indicated his willingness to erect a fence as part of the conditions of obtaining a right-of-way. Mr. Bailey said he had discussed this with Mr'. St. John. They feel the best solution would be to fence the existing road to the point where it leaves County property and goes into Mr. Marshall's property. By fencing, it will give Mr. Marshall 'a right-of-way to satisfy his needs and will not be disruptive of the County's operation. This will be a non- exclusive right of way. Mrs. David asked if the Board is thus acknowledging the existence of a public right-of- way through the landfill site. Mr. Bailey said no. In a number of instances the road, as seen on the ground, departs from the public right-of-way. At this time, Mr. Roudabush offered motion authorizing the staff to proceed with draftin of the proper resolutions to grant Mr. Marshall a non-exclusive right-of-way. The motion was seconded by Dr. Iachetta. Mr. Marshall asked the definition of the right-of-way~.to be granted. Mr. St. John said an exclusive right-of-way would mean that it is granted only to Mr. Marshall and no one else could use that right-of-way. A.non-exclusive right-of-way does not name anybody else who can use that right-of-way, but does not deny anybody that use. Mr. St. John said this resolution should state that the granting of this right-of-way does not give the owner of the land the right to subdivide land using this existing road as adequate ingress and egress to a sub- division. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. March 18, 1976 (Regular Ail Day Meeting) 095 Agenda Item No. 3. was present. Highway Matters. Mr. Charles Perry, Assistant Resident Engineer, Motion was offered by Mr. Roudabush, seconded by Dr. Iachetta, to adopt the following resolution: BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the Virginia Department of Highways and Transportation be and is hereby requested to accept into the Secondary System of Highways, subject to final inspection and approval by the Resident Highway Department, the following road in The Pines Subdivision: Beginning at Station 0+00, a point common to the center intersection of Fence Road and State Route 764 as shown on the plan and profile for Fence Road as prepared by B. Aubrey Huffman & Associates revision dated November 24, 1975, (as-built); thence with Fence Road in a northwesterly direction 830.12 feet to station 8+30.12, the end of Fence Road in The Pines Subdivision. Beginning at station 5+80.12, a point common to the center- line intersection of Fence Road and an unknown cul-de-sac; thence with the cul-de-sac in a southwesterly direction 285 feet to station 2+85, the end of the unknown cul-de-sac in The Pines Subdivision. BE IT FURTHER RESOLVED that the Virginia Department of Highways and Transportation be and is hereby guaranteed a 50 foot unobstructed right-of-way and drainage easements along this requested addition as recorded by plats in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 537, page 444. The foregoing motion passed by the recorded vote which follows: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. Bennington Road Turnaround (From February meeting) Mr. Bailey said the Board was presented with this request in February asking that the turnaround be made permanent. The County Attorney's Office has checked the legalities. Mr. St. John said they found that the plat putting the turnaround to record states that the dedication for the turnaround will revert to the adjacent owners if Bennington Road is ever extended. The adjacent lot owners will have to release their rights under that provision before the Highway Department will take the turnaround into the system. There will have to be deeds recorded from the several property owners also showing drainage easements. Mrs. Mary Lou Matthews, one of the petitioning property owners, said this request came about when the State Highway Department erected a.sign noting ~End of State Maintenance" on Bennington Road. Until that time, the property owners did not where the State road ended. The property owners are not financially able to maintain this turnaround. Dr. Iachetta asked what would be required of the property owners if the State maintenanc does in fact end at the beginning of the turnaround. Mr. St. John said a survey and deeds of dedication would be required. Mr. Bailey noted that a right-of-way would have to be required for Lot 11 since it does not touch the turnaround. Mr. Fisher said since this seems to be a rather complicated matter, he would suggest that a committee composed of Dr. Iachetta, Mr. Perry, Mr. Tucker, Mr. Bailey and the County Attorney work to find a solution and.put this matter back on the agenda at a later date. Georgetown Road (Route 656). Mr. Bailey noted receipt of a letter from the Highway Department in which they state that in response to public demands, the Department has receive Federal Funds to improve the horizontal.alignment on GeorEetown Road. In order to make this improvement, additional right of way is needed from the Words. The Words have been contacted several times concerning the donation for the improvement and each time there has been a negative reaction. Mrs. Word has stated that she is not interested in making a donation since the curve has been improved considerably. Mr. Perry said Federal Funds cannot be used to purchase rights of way. Dr. Iachetta and Mrs. David said they would personally contact Mrs. Word one last time so this matter may be brought to a conclusion. Woodbrook Road Bond. Mr. Bailey noted that Mr. William Strick!and had requested that this item be included for discussion today but was not present. Chris Greene Lake Road. Mr. Bailey noted receipt of a letter (dated March 15, 1976) signed by Stephen A. McClellan and Preston O. Stallings. The letter protested that Mr. McClellen had given a 50 foot right of way to Albemarle County across Parcels 032-4 and 032- 4J from Route 606 to Chris Greene Lake. Without asking permission, the County had erected a fence and gate at the entrance to Parcel 032-4. After repeated protests, the fence was moved onto County owned property, but the gate is kept locked. When Mr. McClellan sought to have six lots platted along the Chris Greene Lake access road as Lake Acres early in 1973, he was required to post the sum of $5,000 to guarantee that the road in front of Lots 2 through 6 of Block B, Lake Acres, be brought to a standard for acceptance into the Virginia State Highway 095 Marchl8,~ 19.76 6Regular All Day Meeting) System. Mr. McClellan protested.that he had put up a cash bond which has been held since that time without drawing any interest. Mr. Stallings has recently had before the Planning Commission for approval a subdivision plat showing eight lots on the opposite side of Chris Greene Lake Road. The Planning Commission stipulated that~if Chris Greene Lake Road is not to state standards, then proper road bonds will have to be posted to insure acceptance into the State system and approval'must be obtained from the Virginia Department of Highways. Part of the Highway Department approval is: "A small paved area will be required at the proposed end of State Maintenance. This paved area should be 30 feet wide and 50 feet deep. The pavement design should consist of eight-inches of aggregate base with a prime and double seal." Mr. McClellan and Mr. Stallings feel that the gate is there for County purposes and the turnaround required by the Highway Department will serve no useful purpose for either Mr. McClellan or Mr. Stallings. Mr. Fisher said when~Chris Greene Lake was opened, the County upgraded that road to provide access to the park. He asked if anyone else had done significant work of the road. Mr. Bailey said no. Mr. Fisher' said there will now be two subdivisions using that road for access. If the road had not been in existence, these two developers would have had to build the entire road plus the turnaround. Mr. Bailey said ~Mr. McClellan argues, that the turnaroun~ is purely for the use. of the park since the County's gate blocks the right of way. Mr. Fisher said the County's Subdivision Ordinance requires that the access road to any subdivisi¢ be built to State standards and taken into the State system for the. benefit of all people who own property along and use the road. He did not see why this situation is different just because the County's park is on this road. Mr. Stallings was present and said the turnaround will not benefit any of his lots since he plans to install a driveway on each lot. Mr. Roudabush felt that construction of a turnaround would be for the County's benefit for people coming into the Lake after hours and~finding the gate locked. Mr. Henley felt since the County had built the road, Mr, Stallings should built the turnaround. Dr. Iachetta agreed with Mr. Roudabush. Mr. Fisher said this problem is much too complicated to solve this date and requested that the staff present'to the Board a financial history of the road. The matter was ordered carried over to April. Mr. Bailey presented the following letters from the Department of Highways: "March 1, 1976 As requested in resolution by your Board on December~lS, 1975, the following additions to the Secondary System of Albemarle County are hereby approved, effective February l, 1976. ADDITIONS LENGTH -~EARLYSVILLE HEIGHTS SUBDIVISION Ridgemont Road - From: Viewmont Road to Cul-de-sac. Stonefield Circle - From: Viewmont Road to Cul-de-sac. 0.17 Mi. 0.16 Mi." "February 23, 1976 Route 20 Project 0020-002-110,C-501; 109, C-501 Project 0020-002-111, C-501, C-502 Changes in Primary System, Albemarle County In accordance with a resolution passed by your Board on November 20, 1975, changes in the Primary System made necessary by relocation and construction on Route 20 in Albemarle County were confirmed by the Highway and Transportation Commission on February 19, 1976, as shown on the attached sketch, described as follows: SECTIONS ABANDONED AS PROVIDED UNDER SECTION 33.1-148 OF THE 1950 CODE OF VIRGINIA: Sections 1 and 2 - Old location of Route 20, north of the new location, from the new location at Station 102+40 easterly 0.15 mile to the new location at Station 110+00. Section 5 - Old location of Route 20, north of new location, from the new location at Station 109+00 westerly 0.07 mile. SECTIONS DISCONTINUED AS PROVIDED UNDER SECTION 33.1-144 OF THE 1950 CODE OF VIRGINIA: Sections 3 and 4 - Old location' of Route 20, north of the ne~ location, from the new location at Station 97+70 northeasterly 0.30 mile to the new location at Station ll0+30. Section 6 - Old location of Route 20, north of the new location, from the new location at Station 100+30 northeasterly 0.12 mile." Mr. Fisher said he had received a copy of the following letter, by registered mail, last Saturday. March i18:, 1976 (Regular Ail Day Meeting) "March 11, 1976 PROPOSED DESIGNATION OF THE SEGMENTS OF ROUTES 6, 20, 56 & 151 ~]¥~2~ ~ LOCATED IN ALBEMARLE AND NELSON COUNTIES AS VIRGINIA BYWAYS Mr. David Cart Planning Commission Chairman Albemarle County, Box 5085 Charlottesville, Virginia 22903 Dear Mr. Carr: As a result of the attached recommendation of the Commission of Outdoor Recreation with regard to the above noted Routes being designated as Virginia Byways, we are informing you of the following: The local governing body and local planning commission of all affected counties and cities are advised that the State Highway and Transportation Commission of Virginia is hereby indicating its willingness to hold a public hearing concerning the proposed designation of those segments of Routes 6, 20, 56 and 151 (please see attachments) as Virginia Byways as defined in Title 33.1, Chapter l, Article 5, Section 33.1-63, of the Code of Virginia (1950), as amended. In accordance with Section 33.1-62, a county or city wherein such proposed Virginia Byway is located may request that a public, hearing be held by sending a written request to Mr. R. L. Hundley, Environmental Quality Engineer, Department of Highways and Transportation,.1221 East Broad Street, Richmond, Virginia, 23219, within 30 days from the postmark of this letter. In the event such a request is received, a hearing will be held in one of the counties or cities wherein these proposed Virginia Byways are located, and each of the local governing bodies of the respective cities and counties will be so notified as to the time and place. Very truly yours, (Signed) Douglas B. Fugate State Highway Commissioner" "February 19, 1976 Mr. Douglas B. Fugate, Commissioner Department of Highways and Transportation 1221 East Broad Street Richmond, Virginia 23219 Dear Doug: The Commission of Outdoor Recreation at its meeting on February 13, 1976, voted to recommend that the Virginia Highway and Transportation Commission designate four highway segments in Albemarle and Nelson Counties as Virginia Byways. Specifically, these-~highway sections are Route 20 in Albemarle County from the Route 20-I-64 interchange to the James River in the Town of Scottsville; Route 6 in Albemarle and Nelson Counties from the Route 6-20 intersection at Scottsville to the~Route 6-250 intersection at the foot of Afton Mountain, Route 56 in Nelson County between the Blue Ridge Parkway _and the Route 56-151 intersection; and Route 151 in Nelson County between the Route 56-151 intersection and the Route 6-151 intersection. We will be investigating the possibility of adding additional road segments in adjoining counties to those segments recommended at this time. We would be happy to assist your department in any way that you feel is appropriate during your deliberations concerning these Byways. Sincerely, (Signed) Rob R. Blackmore Director~ Commission of Outdoor Recreation" Mrs.%Martha Seldon, Citizens for Albemarle, was presenta~o~r~G~s~tthat the Board of Supervisors order a public hearing on these designations. She noted that a public hearing is required by the County's Scenic.Highway Designation Ordinance. Mr. Tucker said this request began prior to adoption of that ordinance and he did not believe it is necessary for the County to hold a public hearing, but the Board can request such a hearing to be held by the Highway Department. Mr. St. John was requested to study this matter and give an opinion at a later meeting. Mr. Fisher noted receipt of a letter from the Department of Highways (Culpeper Office) stating that preallocation public hearings will be held by the Department on March 29, 1976, at 9~30 A.M. in the Culpeper District Office in Culpeper. Mr. Bailey noted that adjustments had been made in the plans for Route 637 South of 1-64 to accommodate the entrance to Purinton Farm. Mr. Fisher asked that the plans be shown to Mr. Purinton. 098 March 18, 1976 (Regular Ail Day Meeting) Board from the terms thereof. (Notice of this public hearing was published in the Daily Progress on March 4 and March 11, 1976.) ORDINANCE AMENDING AND READOPTING THE EQUALIZATION OF PAY OF MEMBERS OF CERTAIN BOARDS AND COMMISSIONS APPOINTED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA, SECTION 2-53, ALBEMARLE COUNTY CODE, DELETING THE SOIL EROSION ADVISORY BOARD FROM THE TERMS THEREOF. BE IT ORDAINED by the Albemarle County Board of Supervisors that Article X, Chapter 2, Section 2-53 of the Albemarle County Code is amended and readopted as follows: Section 2-53: Equalization of Pay of Certain Boards and Commissions Each member of the following Boards and Commissions duly appointed by the Board of Supervisors of Albemarle County, Virginia, shall be paid Twenty-Five Dollars ($25.00) for each and every regularly scheduled meeting of the Board or Commission actually attended, as set forth in the rules and regulations of that Board or Commission: Board of Zoning Appeals; Monticello Area Community Action Organization; Piedmont Virginia Community College Board of Directors; Thomas Jefferson Planning District Commission; and land use tax advisory board. The public hearing was opened. No one rose. to speak and the public hearing was closed. Motion was then offered by Mrs. David, seconded by Mr. Henley, to adopt the ordinance as set out above. The motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 7. Resolution~ to set compensation for the Soil Erosion Advisory Committ~ (Provided by Section 4-9 of the Erosion and Sedimentation Control Ordinance.) BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, in accordance with Section 4-9 of the Albemarle County Erosion and Sedimentation Control Ordinance, that each member of the Soil Erosion Advisory Committee of Albemarle County, other than the County Engineer or his designated agent, shall be paid twenty-five dollars for each and every regularly scheduled~meeting actually attended, but no member shall receive more than one hundred dollars per month for all scheduled meetings actually attended in one month. AND, BE IT FURTHER RESOLVED by the Board of Supervisors of-Albemarle County that each member of said committee, other than the County Engineer or his designated agent, shall be reimbursed for mileage actually traveled in his own private automobile on the business of the committee at the' current rate allowed by the County for such purpose. Motion to adopt the resolution as set out-above was offered~hy Mr. Henley, seconded by Mr. Roudabush, and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Not Docketed. Mr. Hartwell Clarke, Zoning Administrator, brought to the attention of the Board that Mr. G. Bourne Wayland, a member of the Soil Erosion Advisory Co~ittee~ had served from August, 1975 through February 6, 1976, at 11 meetings without any compensation or reimbursement for mileage under the ordinance just amended. Mr. Clarke reqnested, on behalf of Mr. Wayland, that the Board allow Mr. Wayland to be compensated in the amount of $426.80 ($350.00 for meetings attended and $76.80 for mileage) for that period of time. Motion to grant this request was offered by Mr. Roudabush, seconded by Mr. Dorrier and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. N~. Agenda Item No. 6. Vacation of plat: the agenda and not discussed. Flordon Subdivision. This item was removed from Agenda Item No. 5. Appropriation: Totier Creek Access Road. Mr. Robert Sampson said the Board, on December 18, 1975, had ordered him to negotiate a settlement with property owners adjoining Totier Creek Park Road. Conditions to be met were: 1) the Highway Departme~ agree to accept the road into the State system before there are any homes on the road. The Highway Department has agreed. 2) Mr. Leonard and Mr. Baker agree to certain conditions for protecting the aesthetic integrity of the road. A contract has been executed which was drafted by Mr. John Humphrey and Mr. Herbert Pickford. 3) The price for improving the road should be close to $!7~000. Mr. Sampson said bids were opened on March 12 and the lowest bid is nearer to $21,000. The County has 30 days in which to accept or reject the bids. Mr. Fisher did not think the Board members had had adequate time to study this matter and request~ that same be placed on the agenda for March 24~ Agenda Item No. 9: Discussion: Crozet Fire Hydrant. Mr. E. E. Thompson, Executive Director, Albemarle County Service Authority~ was present. He said there is an old hydrant (#10025) located at the Cold Storage Buiid~nE2in Crozet which should be removed. It is not because there is a hydrant (#10018) located 250 feet to the north and another hydrant March 18, 1976 (Ail Day Meeting) , 099 offered by Mr. Henley to accept the recommendations made by Mr. Thompson and Mr. Reynolds motion was Seconded by Dr. Iachetta and .carried by the following~recorded vote: was The AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Rou None. Agenda Item No. 10. Updated report on County fire hydrants. Mr. County Fire Marshal, read the following report: "Since my last report to this Board on March 3, 1976, the fire protection projects have commenced: 1. Prior to this meeting, the Fire Marshal's Office had arral flow test the Scottsville fire hydrants this afternoon. At that t: Scottsville Volunteer Fire Department will field test the draughti~ labush. {elly Reynolds, [owing ~ged to [me the lg ramp on the~river using one of their pumpers. Further studies are undevway on the feasibility of using an existing water line from the river to ~he roadway. 2. 0n March' 24, 1976, I will be meeting with ~he. volunteer f~re chiefs regarding their participation in hydrant testing aha discussing interim measures and corrections needed with the existing water sysuems. 3. The County Attorney's Office has rendered the testing and inspection of fire hydrants is the County Fire Marshal. i am required to provide the inspection reports outlining needed repairs. Service Authorily with 4. I have had a preliminary meeting with Mr. Thompson of the Service Authority regarding hydrants that need raising, relocation and on restricted water lines. We plan to give you an extensive report at the April 14, 1976, Board meeting. Again I ask that you authorize the $2 per month/per hydrant maintenance fee requested by the Service Authority on July 17, 1975. Many of ~he hydrants are now due for annual testing and maintenance. I will give you an in-depth report of all the above topics at the April 14, 1976, Board meeting." Mr. Fisher asked the estimated cost for a $2 per month/per hydrant maintenance fee. Mr. Reynolds estimated $12,000 per year. Mr. Dorrier asked if approval of this request would R , i insure that all hydrants in the County would work. Mr. eyno!ds said this would cove~ a service agreement once the hydrants are'put in working condition. Mr. Thompson-.said~t-he~ Service Authority had no idea what to charge for maintenance of hydrant? and the $2.00 is just an estimated figure. If the actual costs turn out to be higher, the County would have to pay that cost. Mr. Wilson Collier asked if all defective hydrants-have~:be~n put in w~rki-ng condi-tion. Mr. Thompson s~;d all hydrants that needed to be turned have been corre~tea. Ail dry hydrant~ have been corre'eted. Ten sets of thread (none for Scottsvi!le) have be~n ordered and will be installed when they are received. There remain 30 hydrants to be raise and 23-.h~ydeants to be relocated. Mr. Henley a~ked who is now responsible for seeing that new hydran~ correctly. Mr. Reynolds said he reviews all site plans. Dr. Iachetta $2.00 charge would be for testing hydrants. Mr. Thompson said he did n, Dr. Iachetta suggested that since the County funds six fire companies ti might test the hydrants in their service areas as part of their funding since there are customers on the water lines, they would be better serw Authority performed the tests. However, if the fire companies would iii present during the testing, they would be welcome. any duplication of effort. ;s are i~stalled csked how much of the ~t know at this time. ~at the~e companies Mr. Thompson said ~d if the Service :e to have-semeone Mr. Reynolds said tl~is would also elimina~ Dr. Iachetta said there are currently two hydrants in Four Seasons which are located on a bypass. He asked if these are included in the 23 hydrants Mr. Thompsen said are to be relocated. Mr. Thompson said no. Dr. Iachetta suggested that this area is-one whicR-~as a large potential for trouble and having hydrants with insufficient water capacity is adding to the danger. Mr. Thompson said these are not the only two hydrants which are located behind meters. Dr. Iachetta said he realized that, but he was mentioning the ~wo where the po~entis danger is the greatest. Dr. Iachetta asked that all such hydrants be added to the 12st for correction. Mr. Reynolds said he will furnish a cost figure next month for the relocation of Mr. Henley asked how often the hydrants should be tested. Mr. Reynolds said they need to be blow tested once a year. Mr. Ray Jones, Director of Finance, said the Service Authorit; has already incurred costs of about $!I,000, to date, in hydrant repairS. Last year, the Board allocated $25,000 from Revenue Sharing Funds for new hydrants and this was later. transferred to repair of existing hydrants. However, no appropriation ~as evem been made. Mr. Fisher suggested the Board make a special appropriation to cover these expenses. Mr. Dorrier then offered motion to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $25,000 be and the same hereby is appropriated from .... Revenue Sharing Funds and transferred to the General Operating Fund' for expenditures incurred in th~ repair and replacement and i~spection o.f County Fire Hydrants. Mr. Dorrier also requested the~Service Authority to move with,all 4ue speed to-~.cerrect any problems with hydrants that hav~ not been corre¢.ted to date. The motion was then seconde, by Mrs. David and carried by the-following recorded vote: March 18, 1976 (Regular Ail Day Meeting) Mr. Fisher then~noted receipt of the following letters: "March 10, 1976 Dr. F. A. Iachetta ~ ~ ~ Albemarle County Board of Supervisors Route 8, Box 319 Charlotte~sville, Virginia 22901 Dear Tony: Pursuant to your request at the Albemarle County Board of Supervisors' meeting on March 3rd, please be advised that there are ten hydrants presently located in the Four Seasons Subdivision. I would like to emphasize that only two of the-se hydrants are located in the multiple apartment area. Both of these hydrants, situated on 8-inch water lines, are controlled by underground valves, resulting in metered water at a reduced pressure. There- fore, should a fire occur, the meter by-pass value must be opened to allow direct flow to the hydrants. The hydrant near Apartment #251~ Four Seasons Drive, has the by-pass valve located in the manhole near Apartment #61, Four Seasons Drive (approximately 200 yards.away). The hydrant near Apartment #398, Four Seasons Drive, has the by-pass valve located in the street manhole near Apartment #426, Four Seasons Drive (approximately 75 yards away). Keys for these valves are kept in the respective manholes. It is suggested that corrective action be taken to remove these two hydrants from the metered water lines. If additional information is required, please do not hesitate to let me know. Sincerely, (Signed) R0nald P. Slaughter President, Jefferson Country Fireman's Association" "March 15, 1976 Mr. Gerald Fisher, Chairman Albemarle County Board of Supervisors 411 East High Street Charlottesville, Virginia 22901 Dear Mr. Fisher: In reviewing a copy of a memo from E. E. Thompson, Jr. Executive Director of the Albemarle County Service Authority, in reference to fire hydrants, I noted one situation which I felt you should be aware of. Reference was made to hydrants #10246 and #10247 located in an apartment complex which I think is Four Seasons. It is further stated that these hydrants can be operated by turning a valve. The point that I want to convey is that this is a very unorthodox procedure and from the fire protection standpoint an unacceptable one. Valve keys have been supplied by the Service Authority; however, they are extremely difficult to carry on apparatus and other factors must be ~considered. With limited manpower it is rather difficult to be able to ~ssign a ma~to open the valve concurrent with making a structural fire attack. Weather conditions such as snow can cover valve boxes and completely negate fire fighting operations. In summary, I have the feeling that the Service Authority feels that such an arrangement is an acceptable method of supplying water for fire protection. This is certainly not true and I just wanted to advise you of this fact. Sincerely, (Signed) Julian H. Taliaferro Fire Chief, City of Charlottesville" Mr. Thompson noted that these two hydrants are in West Gate Apartments and not Four Seasons. There is also a hydrant in similar circumstances in Solomon Court Apartments. Mrs. David asked that when inspections are made in an area where there is a homeowners association that a representative of that association be notified that the testing is taking place. Mr. Thompson said the report furnished to the Board on March 3, 1976, showed the cost of a valve tapping machine being purchased by the Service Authority ($6~178.69). The Service Authority purchased the machine to make necessary repairs in Scottsville, and would appreciat~ financial consideration from the Board toward the purchase of the machine. Mr. Fisher asked that the County Executive make a recommendation on this request. Mr. St. John said he would like to state some facts for the record. Last year an opinio~ was~.obtained from the Attorney General which said that these kind of expenses for fire protection could be borne by either the Service Authority of the County. The law does not require that the Service Authority be reimbursed for such expenses, but if they are not, March 18, 1976 (Regular - Ail Day Meeting) these expenses have to be charged to their customers. The minutes of the Board do not show that this Board has selected to bear these expenses out of the County Treasury, but by the action just taken, de facto, this action indicates that the Board has elected to pay for the maintenance, installation and inspection of fire hydrants at the County's expense. It should be clarified, that this money has been appropriated in an effort to compensate the Service Authority 100% for their anticipated expenditures in doing this work and if the amount is not adequate, the Service Authority will return for a fur~her~appr~al. TThe Service Authorit has not agreed to do this service for $2.00 per month/per hydrant, but have ageed to do the work no matter how much it may cost. Mr. Fisher said that was the assumption on which the appropriation was approved. Mr. Dorrier said he thought the Board could address the problem of future appropriations during budget work sessions. Mr. St. John said the Board cannot appropriate beyond the current fiscal year and cannot bind itself to this expense in another fiscal year. It should be made clear on the record at this time as to the County's obli and to the Service Authority's obligations. Mr. Henley said he did not realize that by making this appropriation the Board was obligating itself to continuing maintenance of the hydrants. Dr. Iachetta said the only places in the County where fire hydrants are installed are where the Service Authority has water lines. There are many places in the County which do not have Service Authority water. This brings up the question of charging the users who have access to the water system for their fire protection. Mr. Thompson said when a fire truck hooks to a hydrant, no one tries to determine if the water is for a Service Authority No further discussion was held. Agenda Item No. 11. (Heard as Agenda Item No. 15A.) Agenda Item No. 12. Discussion: Alternative water sources. Dr. Lawrence Quarles and Mr. George Williams of the Rivanna Water and Sewer Authority were present at the request of the Chairman. Mr. Fisher said there have been many questions raised about the drinking water supply for the County and City. The study now being conducted by Betz Environmental Engineer is to determine the pollution factor of the South Rivanna River Reservoir at the present and to make recommendations on how to control same. If measures outlined in that report are extremely costly, the question of following those measures or finding an alternate water source at a lower cost will have to be faced. Dr. Quarles said the Rivanna Authority Board has discussed this problem. They realize that when the Betz Study is completed, the Board of Supervisors must have some facts in hand before they can make an intelligent decision. However, the Rivanna Board does not feel they can start a study of alternative sources without more information from Betz. the need for Mr. Williams sai~ when the Betz study was authorized~/alternative water sources was discussed as phase two of the project. Before a detailed study is begun, two things are needed on the South Rivanna River Reservoir; 1) t~a~present state of eutrophication~ and 2) the feasibility of reversing that eutrophic trend. If the South Rivanna Reservoir is a lost cause, then the need to find, a~ternate water sources is an entirely different question from that of just looking for supplemental sources. Betz is aware of the need to proceed with phase two, but the earliest date preliminary results can be expected from Betz is May 1. Dr. Quarles said the Rivanna Board understands that the County has an ordinance presentl in effect that will expire at the end of the year and that answers to these questions are needed as soon as possible. Agenda Item No. 13. Request for amended site plan, Albemarle Square. Mr. Tucker said on August 28, 1974, the Board approved a site plan for Albemarle Square showing 115,000 square feet in the first phase. This was approved to be served by the Woodbrook Lagoon. The applicant has requested additional building space for free-standing buildings as phase two. Mr. Tucker said the Planning Commission, at their meeting on March 16, approved a revised site plan showing 150,569 square feet~ with the following conditions: 1) 2) 3) 5) 6) 8) 9) lO) Service Authority approval for the shopping center to connect to the Meadow Creek Plant via the Woodbrook interceptor. The Board of Supervisors will also have to approve this change of plans because their approval was limited to only 115,000 square feet. County Engineer approval. Fire Marshal approval. Virginia Department of Highways approval and County Planning Staff approval. The curb cut southwest of the restaurant should be eliminated. The curb cut southwest of the 3,000 square feet free-standing building should be eliminated. Adherence to minimum Parking requirement of 5.5 space/1000 square feet gross floor area. Approval does not include buildings in phase 3 since sewer is not available at this time. (Phase 3 includes the two buildings shown at the north end of the center.) Leave existing trees on the property "reserved for future development" until a site plan for that property is submitted. Landscape plan is a part of this development. Mr. Fisher inquired about the present status of the Meadow Creek Treatment Plant. Mr. Bailey said the Meadow Creek interceptor and force main should be completed in May. The Meadow Creek Plant has already received two recertifications from the State Water Control Board as to treatment capacity. The first, about one and one-half years ago, gave an 300,000 gallons and allowed the Rivanna Authority to take out the Berkeley Plant and the plant at Albemarle High School. Recently, another 500,000 gallons was allowed. The Plant is presently meeting its certification and when the certification has been met for three months~ an additional 500,000 gallons will be allowed. Mr. Fisher said during the many discussions about this shopping center, the main question addressed by the Board was sewage disposal. This was the reason the Board limited the size of the plan apProved. Dr. Iachetta said the biggest problem occasioned by this shopping March 18, 1976 (Regular - All Day Meeting) anyone would allow a left turn across Route 29 ~n~ront of this shopping center. Mr. Tom Sinclair, representing the applicant, said plans have been on file with the Highway Depar6~en~ since 1973 for construction of the right of way across Route 29. There is a grade differenti~ at the cross over point, and the southbound lane will be raised to bring it up to level ~th the northbound lane. Mr. Roudabush asked if this was a requirement of the Highway Department Mr. Sinclair said yes. Dr. Iachetta said he did not believe the safety problems on Route 29 North have every been properly addressed by the Highway Department. At this time, Mr. Roudabush offered motion to concur in the recommendation of the Planning Commission. The motion was seconded by Mrs. David. Mr. Fisher said at the time this property was rezoned, there was discussion about runoff downstream from this property. Mr. Tucker said the same drainage structures approved on the first site plan will remain. Mr. Fisher said there are a few houses in Woodbrook which have an occasional flooding problem. He was concerned that paving the area of the shopping center will cause flooding more often. Mr. Aubrey Huffman, engineer for the applica said the flooding these rasidents are accustomed to should be reduced to almost zero. Ail of the water collected in the parking lot and paved area will be piped or ditched in a direction away from them so they will actually have less water flowing in their direction then at present. Mr. St. John asked if the applicant understood that by the Board's acceptance of this amended plan, the use of the Woodbrook Lagoon is abandoned altogether. Mr. Huffman said the applicant does not expect any problems to arise from this change in plans. Mr. Fisher said he would not vote for the amended plan if it is to be hooked to the Woodbrook Lagoon. At this time, Mr. Roudabush amended his motion to state: if the expanded facilities, as shown on the amended site plan, are added to the shopping center, the entire site is to be added to the Rivanna Sewer Authority facility now under construction and is not to be connect~ to the Woodbrook Lagoon. The motion was seconded by Mrs. David. Dr. Iachetta said he would support the motion but wanted the record to show that he feels this development was allowed without giv~ng~ any real thought as to~how to handle traffic circulation at the Rio Road intersection. He said he will address this problem with the Highway Safety Commission. Vote was taken and the motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. At 12:13 P.M. the Board recessed for lunch and reconvened at 2:00 P.M. Agenda Item No. 4. Skipped earlier in the meeting. Other matters~ not on the agenda~ from the public. Mr. Wilson Collier, President, Charlottesville Professional Fire Fighters Association, read the following into the record: "Mr. Fisher and members of the County Board of Supervisors. I would like to thank you for the opportunity to speak before you representing the Charlottes- vil~e Professional Fire Fighters Association. We all deeply~regret what happened to the town of Scottsville, but regret and sorry and blaming who i's at fault'is not going to solve the problem and prevent it from happening again. You and the people of Albemarle County need to take some very positive steps for the future. F~rst, let us consider the future of the Volunteer Fire Companies in this County. We should be very thankful as a whole because we do, for the most part, have above average Volunteer Fire Compan~, but you do need to set up some good ~raining standards that each company~uld h~ve to meet before they could get funds from the County. I would like to suggest a standard procedure that all Volunteer Fire Companies have a minimum of 30 hours of State fire servie approved training a year. This would mean only an average of 2.5 hours of training per man per month. Another problem you have got to face is the one of fire suppression for the urban part of Albemarle County. You are already about five years behind but that is the old Board's fault--not yours. You have already had a proposal presented to you by Chief Taliaferro and the Jefferson County Fireman Association which was basically to add another Fire Engine~ Company plus a man to the County Fire Department. This will be a good start if you choose to do it. You still need fire protection of the new shopping areas on Route 29 North and a ladder truck to give ladder service to the urban part of the County. I would like to urge you to work with Chief Taliaferro and the Jefferson County Fireman Association to start planning and to set a definate date to expand the County fire protection by adding an additional station A-I engine company and a ladder company somewhere in the Route 29 corridor. I know the problems of cost, but don't let cost ~rive you to giving the community a false fire protection plan such as a mini-pumper concept or an eight-hour a-day paid fireddepartment. Mr. Reynolds spoke at the last meeting of the fact that the Holiday Inn on 5th Street doesn't have a si~g~s fire plug. Howmabout the fact that the Holiday Inn is about seventy-five feet tall and the Oounty doesn't have a ladder truck. Ladder service could possibly be provided on a contract basis with the city. Say, everything south such as Blue Ridge Sanitoriu~ Piedmont Community College, Monticello and the Holiday Inn on Fift~ Street could be serviced ~Fom the central Fire Headquarters on Ridge Street. Everything west and north could possibly be serviced from a ladder station somewhere on Emmett Street. M~.h 18~ 19~6 (Ragular - Ail Day Meeting) "This area would include Farmington, Boar's Head Inn, Gulf 0il, Dart Drug, Four Seasons a~a and the new Albemarle Square shoppin~ center. The next problem is once you have the necessary equipment and station you are going to need enough men to operate the equipment effectively. I would like'to recommend to you a minimum~of four men on duty at all times for each enginer company and five men on duty at all times for a ladder company. You have been very nice to let me stand here and tell you what your problems are. Well, now I wuld like to put forward a couple of ideas on .some possible incomes that could help offset the cost of a good fire protection plan - First, the people who need the fire protection live within a five mile radius of the City. I would suggest one of two things. First, an increase in Real Estate Tax,by 1% and earmark this money for a fire protection plano Second,.wou~d be to assess this same group of citizen $1.00 for each person living in their homes. I would also look into the possibilities of a travelers' tax which would be applied to all the hotels and motels in the County. This could also be applied to airplane tickets~and~ti~ke~s to Monticello and Ash Lawn. !!~ing some rough ~figures using a base on the flat fee of $!.00 throughout, I would project an estimated income in excess of $150,000.00. This amount of money would help as far as some type of return or income to help toward the purchase of new equipment or the replacement of old apparatur. The people and taxpayers are going to have to realize that they have very little fire protection and if they wantta good fire protection plan they are going to have to pay for it. They can't only ~lame the County ~oard of Supervisors, ~hey have to blame themselves and each other. I would also like to say that I do not think that what happened in Scottsville was the~ault solely of the County Board of Supervisors, b~t i£ something is not done in a positive fashion we could be feeling sorry and regret about a conflagration that is very possible in the Four Seasons area with the loss of life. Mr. Fisher and members of the County Board of Supervisors, our Association represents about 98% of the personnel in the fire suppression divisiono~f the Cha~Ottesville Fire Department. If our Association can be of any help or · assistance to you on t~s matter, we would be more than glad too~o so. Thank you again for your time and letting me speak before you this evening." Mr. Fisher t~anked Mr. Collier for his statement and noted that Albemarle County already has on t'he book ~.he transient occupany tax ordinance at the maximum rate allowed bX the State He was not sure the County could assess people on a capitation tax bas~s, but felt there may be other ways to raise the needed revenue for fire protection services. Mr. Collier said Fairfax ~unty has a $1~00 per capita..tax and use-~b, his to pay for their fire services. He also said there is no crash truck at the Airport. A~ytime a plane lands or takes off, the crash truck should be on the apron waiting. Statistics show that unless there is response within nine seconds, nine percent of life is lost. Agenda Item No. 14a. This item was deferred. Appointment: Albemarle County Service Authority Board of Directo: Agenda Item No. 14b. Appointment: Jefferson A~ea Board on Aging. Motion was offered by Mrs. David to reappoint Mr. John O. Higginson as a member of this Board to a term which will expire on March 29, 1978. The motion was seconded by Mr. Dorrier who noted that in a conversation with the Director of the JABA,.that there are plans to double the size of thisLBoard and the County will have another appointment to make in the near future. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 14c. Appointment: Monticello Community Action Organization. Mr. Dorrier offered the name of Ms. Vivian Gordon for membership on this Board to replace Rev. Peter Way. The motion was seconded by Mrs. David. Before the vote, Mr. Bailey read the following letter from Hal Brindley, MACAA Board Vice-President, and an Albemarle County representative to this Board: "March 4, 1976 TO: Albemarle County Board of Supervisors FROM: MACAA Board of Directors RE- Representatives of Public Bodies The Board of Directors of the Monticello Area Community Action Agency is in the process of reviewing its membership roster. The first step being taken is to ensure proper representation from public bodies. Therefore, we would appreciate your response to the following items: Confirmation of present representative(s): currently representing Albemarle County. Mr. Hal Brindley is Vacancies: The chief officials of each jurisdiction served by MACAA are allowed to appoint two persons to represent their area. Therefore, if you so desire, one more person may be selected to represent Albemarle County. March 18, 1976 (Regular - Ail Day Meeting) Designated Alternates: The revised MACAA By-Laws state that "each public body...may select a permanent alternate for their representative to act with authority in the absence of the regular representative.', Therefore, you are encouraged to designate a person to fill this position for each of your representatives. There are two other provisions about which you should be aware. First, there is no limitation on the length of the term for representatives of public bodies. Second, two consecutive absences of a Director from Board meetings will be deemed a resignation unless the Board otherwise directs. Of course, attendance by the alternate is not Considered an absence of the Director. We appreciate your attention to this matter and request this response, in writing, no later~'~than April 1, 1976. Please direct any questions concerning the above to Hal Brindley at 804-977-6510." Mr. Fisher said he had not seen the revised By-Laws mentioned and recommended that no action be taken on the request. Roll was called and the motion carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. Agenda Item No. 14d. Appointment: County Attorney and Deputies. Motion was offered by Mr. Dorrier, seconded by Dr. IaChetta, to reappoint Mr. George R. St. John as County Attorney Mr. Frederick W. Payne as Deputy County Attorney and Mr. James V. Bowling, IV, as a Deputy County Attorney, for terms to run through June 30, 1977, and with appointments to be made on the fiscal year thereafter. The motion carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. Agenda Item No..14e. Appointment: Economic Development Commission. Motion was offered by Mr. Henley to appoint Mr. Roy M. Patterson as a member for the 1976 calendar year. The motion was Seconded by Dr. Iachetta and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 14f. Appointments: Planning Commission. Mr. Henley offered the name[ of Mr. William R. Washington to fill out the unexpired term of Mrs.. Ellen Craddock who has! resigned effective March 31, 1976. (White Hall District appointment exPires on December 31, 1976.) Mr. Dorrier offered the name of Mr. Leslie H, Jones to fill out the unexpired term of Mr. M. Jack Rinehart who has resigned. This is an at-large appointment which expires On December 31, 1977. Motion to appoint these two persons was then offered by Mr. Henley, seconded by Mr. Dorrier and carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. Agenda Item No. 15a. Refunds: Real Estate and Personal Property Taxes. Motion was offered by Mr. Roudabush, seconded by Dr. Iachetta, to adopt the following resolution: WHEREAS, the Director of Finance of Albemarle County, Virginia, has appeared before this Board and certified that: Virginia W. Cephas, Ticket #10248500, is due a refund of $8.46 for the tax year 1975 because Parcel 087A-12A was sold during 1974 and by a clerical error was not transferred to the new owner; Paul Freeman, Ticket #104244, is due a refund of $24.91 for the tax year 1975 because a travel trailer was erroneously assessed as a mobile home; 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 that the above refunds be made. The foregoing motion carried by the recorded vote which follows: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. Agenda Item No. 15b. Refund: to adopt the following resolution: Business License TaX. Motion was offered by Mr. Roudabus] WHEREAS, the Director of Finance of Albemarle County, Virginia, has appeared before this Board and certified that Haynes-Anderson Associates is due a refund of $276.62 for a County Business & Professional License Tax for the following~reason: March 18, 1976 (Regular - Ail Day Meeting) 1-05 vote: AYES: NAYS: The company purchased a 1975-76 County Contractor's License based on estimated contracts of $250,000, but completed contracts totaling only $65,590 and the company is no longer in the business of constructing homes; NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 11-20 of the Albemarle County Code, the Board of Supervisors of Albemarle County,_ Virginia, does hereby direct that this refund be made. The foregoing motion was seconded by Mrs. David and carried by the following recorded Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 15A-a. Appropriation. Repair of Fire Hydrants. made during discussion of Agenda Item No. 10. This appropriation was · Agenda Item No.15A-b. Appropriation: Street Lights. Mr. Ray Jones, Director of Financ said the average monthly costs of street lights has been $1114 per month. Increased costs occasioned by addition of new lights and higher electric costs have caused the balance of this account to fall to a balance of $1170 at the present time. In order to pay bills for the remainder of the current fiscal year, an appropriation of $2,500 is needed. Motion was then offered by Dr. Iachetta to adopt the following resolution: BE IT RESOLVED ~y the Board of Supervisors of Albemarle County, Virginia, that $2,500.00 be, and the same hereby is, appropriated from the General Fund and transferred to the General Operating Fund and coded to 18A-7 for expenses incurred in the street lighting program. The motion was seconded by Mrs. David. Mr. Dorrier asked where these street lights are installed. Mr. Bailey said they are in all parts of the County. Any citizen desiring a street light contacts the County Engineer. Where no money is required to establish the Ii and the light serves a reasonable function, the County acts. If money has to be spent for installation of a light or lights, the interested parties must defray that expense. This expense was originally justified from the tax on utilities. In Esmont, and other areas served by ApPalachian Power Company, the County has been trying for four or five years to get Appalachian to present a plan for street lights which is acceptable to the Highway Department The Highway Department, about a year and a half ago, finally marked a plan acceptable to themselves and this was sent to Appalachian for approval. No reply has ever been received. Roll was called and the motion carried by the recorded vote which follows: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 15A-c. Appropriation: Dog Warden. Mr. Jones said the budget for operations of the Dog Warden and the SPCA Shelter were underestimated for the current fiscal year. Overexpenditures have occurred in three categories in the first nine months of the year. During the time when the Dog Warden was sick, it was necessary for the Deputy Dog Warden to work a considerable amount of overtime. The Deputy Dog Warden also changed from a part-time employee to a full-time employee during this year. In order to cover both the change in salary status and the overtime paid, a special appropriation of $2,000 is needed. The monthly charge for the SPCA Shelter averages about $475. Miss Mead has been asked to submit a carbon copy of her register showing the name, address and number of dogs brought in to the Shelter in order that a full accountability of her operation can be made. An approl ation of $2,150 is needed for the remainder of the current year. No appropriation was included in the budget for the expense of purchasing dog tags. An appropriation of $500.00 is needed to cover this expense. Motion was then offered by Mr. Dorrier, seconded by Mr. Henley, to adopt the following resolution. The motion ~carried by the vote which follows: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $4,650 be, and the same hereby is, appropriated from the General Fund and transferred to the General Operating Fund and Coded to 12-109 ($2,000), 12-299 ($2,150) and 12-319 ($500.00) respectively. Agenda Item No. 15A-d. Appropriation: Flag Pole. Mr. Bailey said a General Harry Disston is heading a committee to raise money for erection of two flag poles at the Charlottesville-Albemarle Airport. He is requesting that the County and the City each appropriate $250. The remaining $1,500 will be solicited from individuals and clubs. It is expected that the flag poles will be in place before the beginning of the Bicentennial celebration this summer. Motion was then offered by Dr. Iachetta, seconded by Mrs. David, to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $250 be, and the same hereby is, appropriated from the General Fund and transferred to the General Operating Fund as the County's Share of purchasing two flag poles for the Charlottesville- Albemarle Airport. March 18, 1976 (Regular - Ail Day Meeting) Agenda Item No. 15A-e. Request for transfer of funds-Title XX Program. Request having been received from Mrs. Karen Morris, Director of the Albemarle County Social Services Department, for a transfer of $30,000 from Code 80C-?06 to Code 80D, to establish a new program in which local agencies or civic organizations can contract with the local department for specific programs; and Mrs. Morris having explained the purpose of this program during budget work sessions, motion was offered by Mrs. David to approve the request. The motion was seconded by Mr. Dorrier and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs..Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 15A-f. Appropriation - Albemarle-Charlottesville Health Center. It was noted that by resolution adopted July 31, 1974, the Board committed up to $99,500 in County funds as its share of costs for expansion of the Health Center. A like amount was committed by the City. Hill-Burton funds will be forthcoming on this project, but not until after local funds are expended and application is made for reimbursement. To date, the sum of $19,858.25 has been incurred for soil study and architect's fees. $9,458.25 of this amount has been paid from Health Center maintenance funds which will eventually have to be reimbursed by the County and City. At the present time, $10,400 is needed to pay the archite~ bill. Therefore $5,200 is being requested from the both the City and the County. Motion to adopt the following resolution was offered by Dr. Iachetta: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $5,200 be, and the same hereby is, appropriated from the General Fund and transferred to the General Operating-Capital Outlay Fund and Coded to 19A for payment of architect's fees on the Regional Health Center expansion project. 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. Not Docketed. Mr. Fisher noted that an appropriation of $1,000 is needed to cover travel expenses for the Board for the remainder of this fiscal year. Motion to adopt the following resolution was offered by Mrs. David, seconded by Dr. Iachetta, and carried by the recorded vote which follows: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $1,000 be, and the same hereby is, appropriated from the General Fund and transferred to the General Operating Fund and Coded to 1-A-220, Travel Expenses, Board of Supervisors. Not Docketed: Mr. Dorrier noted that at the last meeting of the Welfare Board, Ms. Karen Morris, Director of the Social Services Department, had requested approval of a garden project. The request is for money to provide seeds and fertilizer to a limited number of clients so they might have their own gardens. The Extension Service cooperates by buying fertilizer in bulk and assisting clients to develop their gardens. An appropriation of $750 will provide enough money to assist about 30 families. Motion was offered by Mr. Henley, seconded by Mr. Dorrier, to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $750 be, and the same hereby is, appropriated from the General Fund and transferred to the General Operating Fund for expenditures of the Social Services Department for a "seed" project. The motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 15B. Request from Mental Health for purchase of a building. Mr. Fisher noted that at the budget work session held on March 17, 1976, the following request was received from the Region X Community Mental Health and Retardation Services Board: "Due primarily to the program expansion occasioned by the recently implemented National Institute of Mental Health Children's Service Grant, the staff of the Region X Board's programs have increased by one-third over the past year. The only increase in space for admini- stration and Charlottesville/Albemarle-based services has been the addition of a small modular addition to the 1602 Gordon Avenue facility. The Region X Board has voted to purchase the brick building located at 503 16th Street, across Gordon Avenue from the existing Blue Ridge Community Mental Health Clinic (1602 Gordon Avenue). The Board proposes to pay the purchase price of $55,000 bY applying $30,000 of previously contributed local funds and mortgaging the $25,000 difference. This would Still allow the retention of $20,730 in the Board's reserve,/ contingency escrow account. Also, a portion of these funds is utilized to meet cash flow reauirements. March 18, 1976 (Regular - Ail Day Meeting) 107 Based upon the population distribution among the six participating localities; and further allowing for one-half of the space to be utilized exclusively for Charlottesville/Albemarle programs, the shares of the $30,000 cash investment would be distributed as follows: Albemarle~ $12,338; Charlottesville, $12,712; Greene, $600; Fluvanna, $1,050; Nelson, $1,500; and Louisa, $1,800; a total of $30,000. We wish to emphasize that these funds are already available and further, that the ongoing operational expenses for the building are included in the proposed operations budget. An additional $5~000 of surplus funds could be similarly apportioned among the localities to make minor improvements to the building and equip the office space. We respectfully request that the Albemarle County Board of Supervisors authorize the Region X Board to apply these accumulated surplus funds to acquire this property and in this way help to alleviate our critical space problem." Questions were raised by Board members as to how the Mental Health Board had accumulate~ a reserve/contingency escrow account and whether or not it were legally possible for them to obtain a mortgage on the building. The Clerk was ordered to request Mr. Peterson's presence at the April 7, 1976, meeting to further discuss this request. Agenda Item No. 16. Claims against the Dog Tax Fund. Claim from John T. Walker for tw~ ewes, three baby lambs and one registered buck was presented. On motion by Mr. Henley, seconded by Dr. Iachetta, Mr. Walker was allowed $180.00 for this claim. The motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Claim from Roy T. Bailey for three ewes (seven or eight years old), six ewes (three or four years old), one lamb and six baby lambs, was presented. On motion by Mr. Henley, secon~ by Dr. Iachetta, Mr. Bailey was allowed $341.00 for this claim. The motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. The staff was requested to check the State Code to see if the Board of Supervisors is rsquired to approve these claims for damages by stray dogs. It was the consensus that this procedure could be handled by the staff. Agenda Item No. 17. Report of the Department of Social Services for the months of November, 1975, and January, 1976, were presented in accordance with Virginia Code Section 63.1-52. Agenda Item No. 18. Regional Jail Report. Statement of expenses incurred in the maintenance and operation of the regional jail for the month of February, 1976, was presented along with summary statement of prisoner days, statement of the Jail Physician, an~ salary statements of the paramedics and the classification officer. On motion of Mr. Henley seconded by Dr. Iachetta, these statements were approved as read. The motion carried by the vote which follows: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 19. Statement of Expenses of the Director of Finance, Commonwealth's Attorney, and Sheritff's Department, for the month of February, 1976, were presented.- 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. Agenda Item No. 20. Statement of Expenses for the Regional Jail for the month of February, 1976, was presented. 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. Agenda Item No. 21. Report of the County Executive for the month of February, 1976, wa~ presented as information. Agenda Item No. 22. Committee reports from Board members. Welfare Board - Mr. Dorrier said he was not able to attend the organizational meeting January, but did attend yesterday. The Welfare Board is concerned about their budget and is making an effort to reduce expenses. A committee has been appointed to work out a problem. The school system has a policy that if a child cannot be taught because of discipline prob etc. the child is passed to the Welfare Department to ~ae~ ~ ~ ho~ fo~ ~~m ~~ 108 March 18, 1976 (Regular - Ail Day Meeting) and the expense of $400 to $1,000 a month will be borne by the Welfare Department. The budget of the Department will show a significant increase in the next fiscal year because of the economic recession and the great number of applications being received. Region X Community Mental Health and Retardation Services Board. Mr. Dorrier said the R~gion X Board is concerned because certain grant funds will expire in the near future. The expense of funding the Mental Health Center will then fall back on the localities. Albemarl. share would be in excess of $40,000. Mr. Dorrier said the County has strong representation on this Board through its appointed members and they are trying to be sure that Albemarle County gets it's proper share of services. Bicentennial Commission. Mr. Dorrier said the Bicentennial Center will be opened on April 13, 1976. This is one of only three such centers in the State. Queen Elizabeth and President Ford will be visiting Charlottesville this summer and these will probably be the two most significant events of the Bicentennial year. Planning Commission. Mrs. David said therPlanning Commission was to have held a public hearing on rezoning of land around the South Rivanna River Reservoir on last Tuesday night, but the meeting was cancelled because of snow. The meeting will now be held on March 30. The Planning Commission, in their original discussions, was hesitant to address this questio~ now that revision of the Comprehensive Plan is soon to start. Unless the public hearing produces a lot of convincing testimony, they will probably come back with a recommendation recommending against rezoning just this area at this time. Consultant's Committee - Comprehensive Plan Review. Mrs. David said there has been one meeting of this committee at which the members discussed the type of consultant needed. Health Systems Agency. (Not an official Board appointment). Mrs. David said Mr. Fisher had requested that she meet with this group. Under new Federal legislation, and in line with comprehensive planning legislation, an effort is being made to achieve coordinatior of health services to avoid duplication of services and hopefully to contain costs. Under this legislation, which is completely Federally funded, there are five health systems areas being set up in Virginia. These areas do not overlap any other regional areas in the State. Mrs. David said she attended a meeting and was appointed to the Executive Committee. It was reported that an application for funding from this area's agency is one of the first in the country to reach a point for action. It was the consensus of several people in attendance that if this agency is not to be run at the local level, they will not continue to serve. Transportation Restudy Committee. Mrs. David said there was nothing to report at this time. L%brary Budget Committee. Mrs. David said no meeting has been held. Space Committee. Mr. Roudabush said this committee has had one meeting at which they discussed the overall needs of space for county operations. Specific attention was given to space needed by the Sheriff and the Judge of the Circuit Court. Mr. Bailey has made additio space in the County Office Building available to the Sheriff which will take care of his immediate needs. Plans which were drawn and submitted for bid a year or two ago for an addition to the Courthouse were discussed. The committee f~eels this might be a good time t rebid those plans. Planning District Commission. Dr. Iachetta said the main activity at this time is a land use plan for Planning District 10. A public hearing was held for Albemarle County on March 4, 1976, at Piedmont Community College. There was little input from the public. Mr. Fisher said the. Virginia Area Development Act apparently calls for a procedure of adoptic where the Planning District Commission adopts the Plan, then goes to the local governing bodies for ratification. If a certain number of the governing bodies ratify the plan, then it becomes a legal document under the Virginia Area Development Act. The Planning District Commission proposes that the local governing bodies not take formal action to adopt the plan but by having the plan in hand, they will have a way of evaluating plans that come before th, Planning District Commission for funding from the Federal Government. The local government members of the Planning District Commission do not want to adopt this as a binding document. Mr. St. John said he would like to check the Board's legal position to see if this plan can be adopted only as guide. Industrial Development Authority. Dr. Iachetta said on March 11, 1976, a joint public hearing was held by .the committees appointed to make a recommendation on adoption of an ordinance to have a joint industrial development authority for the City and the County. It was the unanimous decision of the joint committee that there is no advantage to having a joint authority. There probably should be authorities, and each ordinance creating such should include a limitation as to the geographic boundary involved. The County's committee felt the County Attorney should be instructed to draft an ordinance which would require that the by-laws, standards and priorities of such a County authority would be approved by the Board of Supervisors. Also, a provision should be included that all future changes in these items would require approval of the Board of Supervisors. The initial ordinance should also limit the number of issues to a small number to be determined by the Board. The committee also feels that funding should be limited to only manufacturing or research facilities located within the legal boundaries of the County. Mr. Fisher said the first question to be answered by the committee was "does the commun: need an industrial authority?" and second, "how do we~go about establishing such an authorit Dr. Iachetta said he personally feels no compelling necessity to have an authority, but, if the City sets up an authority, the County also needs one. M~. St. John said any city or county in Virginia who has an authority can come into Albemarle County and establish a proje in the County. If the County has their own authority, there is no enticement for another locality to do this. Mr. Fisher suggested that the County Attorney draft an ordinance along the lines recommended by the committee and return that ordinance to the Board at the next session of the public hearing on this matter. (Deferred from December 31, 1975, through several meetings, to April 7, 1976.) nj ty t March 18, 1976 (Regular - All Day Meeting) Jail Board. Mr.~'~H~nley said the Jail Board is continually being asked by the State to hold State prisoners. The State has asked that the recreation room be converted to bed space and the bunks be double-decked. Insurance Committee. Mr. Henley said no meeting has been held to date. Intergovernmental Committee. Mr. Fisher said no meeting has been held. Emergency Medical Services Council. Mr. Fisher said they are proceeding with a regional communications system to tie rescue squads and emergency rooms together. Two counites have also approved the 911 emergency telephone system. The Sheriff's Departments in all juris- dictions are now monitoring Channel 9, citizens band radio, for emergencies. Manpower Planning Council. Mr. Fisher said he had nothing to report but that he is astounded. He found that the Area Manpower Planning Council, which serves two planning districts, is divvying up $2.3 million this fiscal year for training people for employment. Some funds ~ls~.Lgo into education budgets such as the Charlottesville-Albemarle Vocational Technical Center, OIC, the Neighborhood Youth Corp and some Community Action programs. The ManPower Planning Council reappoints itself and decides how many people from each sector will be allowed. They have allowed il from governments, 15 educators, and 21 providers. A membe~ must also attend two meetings before he reaches voting status. Highway Safety Commission. Dr. Iachetta said this commission has not met. Not Docketed: Mr. Fisher noted that Mr. James Peterson from the Region X Mental Health Board had also presented the following letter at yesterday's budget work session: "March 17, 1976 The Jefferson Area United Transportation, Inc. (JAUNT), a private non-profit agency providing van transporation services to individuals in the planning district, in conjunction with the Thomas Jefferson Planning District Commission, is resubmitting a grant proposal for funds to provide rural transporation services ~nder ~ec. 147, Federal-Aid Highway Act of 1973 (Rural Highway Public Transpor- tation Demonstration Program). The revised proposal, in contrast to the one submitted in June, 1975, which would have served Greene and Albemarle Counties only, will initiate van transportation services within each jurisdiction of the planning district and between each jurisdiction and the urban center of Charlottesville, building on the present five-van service now provided by JAUNT. Financial support of the service is presently derived from social service agencies in the community. This proposal will provide a means to acquire additional money for capital equipment and thereby enlarge JAUNT'S capability to serve more agencies and the general public in rural areas. The proposed enlargement of the ~ystem will create the service capability needed to cultivate the additional income required to become self-sustaining at the end of the two-year grant period. A letter of endorsement of the proposal?~from the Albemarle County Board of Supervisors will be necessary to the success of the proposal, and will be greatly appr~eciated. Mr. Fisher said a like application was recently rejected by the Planning District Commission because they felt the administative costs Shown in the application were too high. It was requested that Mr. Peterson be advised that he shoUld attend another meeting of this Board to further explain this request. Agenda It em No. 23. Other matters, not on the agenda, from Board members. Mr. Fisher noted receipt of a letter from the League of Women Voters commending the Board for publishing a schedule of public hearings in the newspaper each month. Mr. Fisher said the Board had been invited to a luncheon at the Martha Jefferson Hos' on March 31, 1976, at 12:30 P.M. Dr. Iachetta said he had received a petition from several residents in Hessians Hills Subdivision requesting the Board to provide public sewage disposal to Hessian Hills and the surrounding area. It was noted that this petition should be forwarded to the Albemarle County Service Authority. Mr. Bailey said at the last meeting of the Authority's Board, they authorized an engineering study to be started to investigate the needs in some areas. Dr. Iachetta then offered motion requesting that the petition received be forwarded to the Service Authority and that the area in question be included in the study so the Board can better address the problem. The motion was seconded by Mrs. David and carried by the fo!lo recorded vote: AYES: NAYS: ABSENT: Mrs. David .and Messrs. Dorrier, Fisher, Iachetta and Roudabush. None. Mr. Henley Mr. Roudabush said it has been suggested that fire hydrants be placed on Rio Road, is a well populated area, on one of the largest water mains in the County. Mr. Thompson has said the cost of tapping the line is so great as to make this economically unfeasible. Mr. Roudabush said he has personally checked the plans for this line and found that there are numerous valves and tees on the water line down the road. The County Fire Marshal estimates that five hydrants would provide adequate fire protection. It was suggested that Mr. Roud~ furnich Mr. Thompson this new information. 1!0 March 18, 1976 (Regular - Ail Day Meeting) March 24, 1976 (Adjourned fro~.March~. At 5:00 P~M., the Chairman requested an executive session to discuss legal matters, acquisition of property and personnel matters. Motion to this effect was offered by Dr. Iachetta, seconded by Mr. Roudabush, and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. The Board reconvened at 5:55 P.M. and motion was offered by Dr. Iachetta, seconded by Mr. Roudabush, to adjourn this meeting until March 24, 1976, at 2:00 P.M. in the Board Room of the County Office Building. The motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. z mn March~24, 1976 (Adjourned from March 18, 1976) An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on March 24, 1976, at 2:00 P.M. in the Board Room of the County Office Building, Charlottes- ville, Virginia; said meeting being adjourned from March 18, 1976. Present: Mrs. Opal D. David and Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher, J. T. Henley,, Jr., F. Anthony Iachetta and William S. Roudabush. Absent: None. Officers present: the County Executive. J. Harvey Bailey, County Executive and Robert Sampson, Assistant to The meeting was called to order at 2:07 P.M. by the Chairman. A work session to discuss the 1976-77 County Budget was the only item scheduled to be discussed this afternoon. The following categories were reviewed: l) 2) 3) 5) 6) 7) 8) 9) lO) 11) 12) 13) Regional Library (Code 18B.3) Lloyd~Smith, James Craig, Katherine Hailock, ~:. Glasselle Jenkins and Christopher DeVan. Mr. Smith, Library Board Chairman, also asked the Board for an appropriation of $50,000 for architectural plans for a new library. He said unless something is done soon, this project will not be ready by 1978. Mr. Sampson noted that this item has been included in the Capital Outlay Budget for review. Offender Aid & Restoration .(Code 18B.8) Mark Finn, President, Board~ of Directors. Jefferson Area Board on Aging (Code 18B.13) Diane Ainsiey & Edgar Paige. Madison House (Code 18B.9) Rick Noble Lunacy Commission (Code 18B.10) Robert Sampson Community Action Agency (Code 18B.11) Ken Ackerman, Hal Brindley, Rosa Hudson Inspections Department (Code 10B) Hartwell Clarke Policing & Investigation (Code 6A) Sheriff George Bailey. The Sheriff also requested consideration of a provision giving special benefits for law enforcement officers under the Virginia Supplemental Retirement System, plus three additional deputies. He noted that his request to the State Compensation Board must be returned to Richmond.by April I. The Clerk was instructed to include a resolution for consideration of the additional deputies on the agenda of April 7, 1976. Fire Marshal (Code 7D) Kelly Reynolds. Also included in this budget was an amount to cover a fire hydrant maintenance and repair program. No decision was made on this request. Fire Department (Code 7B) (City-operated) Julian Taliaferro Volunteer Fire Departments (Code 7C) James Samsell Forest Fire Extinction Service-State (Code 7A) Robert Sampson Protection-Livestock & Fowl (Code 12) Sam Robertson At 5:30 P.M., at the request of the Chairman, motion was offered by Mr. Roudabush, seconded by Mr. Henley, to adjourn into executive session to discuss personnel matters; said executive session to be held at the Holiday Inn South during dinner which begins at 6:00 P.M. The motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. The Board reconvened into open session at 7:30 P.M. and Mr. Fisher declared the meeting adjourned. ~airman