1974-07-257-25-74 ' ~'?
/
An adjourned meeting of the Board of Supervisors of Albemarle County,
Virginia was held on July 25, 1974 at 9:00 A.M. in the Board Room. Said
meeting being adjourned from July 24, 1974.
Present: Messrs. Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker, Jr.
(arriving at 1:30 p.m.), Gordon L. Wheeler and Lloyd F. Wood, Jr.
Absent: Mr. Stuart F. Carwile.
Officers Present: County Attorney and County ExeCutive.
The meeting opened with the Lord's Prayer, led by Mr. Wheeler.
On motion by Mr. Fisher, seconded by Mr. Wood, minutes of the meetings
of April 17 and April 18 and April 24, 1974, were approved with the following
correction: Page 182, three-fourths of the way down the page, change the
word "repealed'~ to "appealed.'' The foregoing motion carried by the following
recorded vote:
AYES: Messrs. Fisher, Henley, Wheeler and Wood.
NAYS: None.
Absent: Mr. Carwile and Mr. Thaeker.
Request was received from the Virginia Department of Highways for additions
and abandonments to Routes 660 and 20. On motion by Mr. Wood, seconded by Mr.
Henley, public hearing on this matter was ordered advertised for August 15, 1974.
The foregoing motion carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Wheeler and Wood.
NAYS: None.
Absent: Mr. Ca~vile and Mr. Thacker.
Mr. Wood noted his appreciation for the work of the Highway Department staff
in getting the matter of 660 and the right of ways worked out.
The following report was received from the Board of Road Viewers:
~'Charlottesville, Virginia
July 18, 1974
Board of County Supervisors
Albemarle County, Virginia
Gentlemen:
On July 18, 1974, we the undersigned Road Viewers, visited
one road for which application was received for acceptance into
the Secondary Road System. We were accompanied by Mr. R. G.
Warner, Resident Highway Engineer.
After visiting this_road, we wish to make the following
recommendation:
Extension of Route 698 from end of State maintenance
approximately 0.37 mile west -- recommend denial at this time.
If the property owners bring the section of road in question to
a reasonable standard that will not require excessive amount of
expense, then further consideration will be given.
Respectfully submitted,
1974 ROAD VIEWERS
(Signed) Edward Chapman
John O. Higginson
Edgar Paige"
7-25-74
Mr. Robert Warner, Resident Engineer of the Virginia Department of Highways
said this road is near Hungry Town at Covesville. It dead ends about two miles
past end of state maintenance of Route 698 at the foot of the mountain. Ail of
the land along this road is owned by the Huggins family. They have sold land to
a son and he plans to build. The road viewers felt that at the present time
the road services only a private type access. When a road is accepted into the
state system, there is not to be an excessive amount of money spent on this
addition. The Highway Department is to assume only maintenance. This is a one
tract road all the way back to the end of their property and would require
a major widening in order to get into a point for maintenance. Therefore, the
road viewers have recommended denial of the request at this time.
Motion was offered by Mr. Fisher, seconded by Mr. Henley, to accept the report
of the road viewers. The foregoing motion carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Wheeler and Wood.
NAYS: None.
Absent: Mr. Carwile and Mr. Thacker.
The following communication was receiVed from C. M. Thach, President, Security
Storage and Van Lines, Inc.:
"July 9, 1974
Honorable Gordon Wheeler, Chairman
Board of Supervisors
County Office Building
Charlottesville, Va.
Gentlemen:
The fact that we are near the river by the old "Woolen Mill Dam"
is one of the reasons for our problem's existence. The problem that we
face-is three-fold: LITTERING, DUMPING, & PETTY THEFT. There have always
been many people (both county and city) who come down to this area to fish
and swim in the river. There is quite a bit of rifle target practice in
the area also. Recently this number has increased hecause we enlarged
our road in the area. People leave lunch bags, beer cans, drink cans
and all manner of trash on our road. Some people prefer to dump trash
in this area rather than take it to the city or county dump.
They also steal great quantities of gas from our trucks. We have
laid traps for the thieves but to no avail. We are presently spending
a large sum of money to enclose our trucks to try to curtail the theft
of gas. However, the littering and dumping is proving to be very costly
also, since we have to pick up the trash and haul it away.
We are seeking help either in the prevention of littering and
dumping or else help in the cleaning up of the litter. We would
prefer the help in the prevention.
We have another problem that has to do with the soil erosion
ordinance. There is some land above us that was graded some time ago.
The grading of this land caused great washes of mud to come down on our
land, filling our drainage ditches and washing gullies in our roads.
These were not problems until the grading was done.
We would appreciate your taking our situation under advisement to
see what can be done.
Sincerely yours,
Security Storage & Van Lines, Inc.
(Signed)
C. M. Thach
President"
7-25-74
429
Mr. Batchelor stated that this letter had also been sent to Mr. John
Humphrey, County Planner, because of a reference about_soil erosion. This
in turn has been turned over to Mrs. Ruth Miller, Zoning Administrator and
Mr. John Smart of the Thomas Jefferson Soil and Water Conservation District.
Both Mr. Wheeler and Mr. Wood said Mr. Thach had talked to them about
this problem. Mr. Wood said he had recommended that Mr. Thach speak to the
Sheriff. The Sheriff had in turn informed Mr. Thach that there was nothing
he could do about the problem because this was a private road. Mr. Wood said
he felt the Board must deal with this because people were dumping stoves and
refrigerators, etc., on Mr. Thach's property. Mr. Batchelor informed the
Board that it is illegal to dump on either private property or public property.
Mr. Wheeler said it was his understanding f=om four or five years ago
that those roads which had been platted and dedicated to public use, although
they are not state maintained but the Sheriff does have jurisdiction to enforce
traffic regulations. Recently, the citizens in Jefferson Village had complained
to the Sheriff. First, he was advised~,i by the Commonwealth's Attorney that
he did have jurisdiction and then he was advised that he did not have
jurisdiction. Mr. Wheeler said he has talked to the Commonwealth's Attorney
in the last few days and he was not aware that the Board had obtained an
opinion of the Attorney General and said he would look further into the matter.
He had asked the Commonwealth's Attorney that if this is not a matter of record
to obtain a new opinion from the Attorney General because of'the number of
subdivisions where there is apparently a problem at this point.
Mr. George R. St. John, County Attorney, said there is a state statute
which gives the power to the board to enact an ordinance controlling
traffic and to establish speed limits on those roads which have been
dedicated but are not part of the State system. This must be done by an
ordinance and must be pursuant to a traffic study. That statute is in the
zoning part of the Code as well as in the Motor Vehicle section of the Code.
Mr. James~Muro, President of the Jefferson Village Association wrote the
Attorney General to see if something could be done about the situation in
Jefferson Village. The Attorney General's office in turn called Mr. St.
John and referred the question back to him. -He told the Attorney General's
office that he was aware of the statute, however, he was not aware that the
Board had obtained an opinion from the Attorney General.
Mr. St. John said this statute did not exist five years ago. It is
in the new supplement to the Code. He recommended that the Board request
a traffic study of those area~ where there is a problem. After that is
complete an ordinance can be advertised which would establish'speed limits
and traffic controls. After ~doption of the ordinance the Board could
establish speed limits and set up signs. But first there should be a resolution of
the Board asking for a traffic survey since the ordinance can not be advertised
until there is a speed limit established.
Mr. Wheeler said he assumed this traffic aurvey would be performed by the
Highway Department. Mr. Warner said i~ would be let to a contractor. Mr. Wheeler
said he had talked to the Commonwealth's Attorney and Assistant Commonwealth's
Attorney and they are not sure this matter can not be handled under the present
statutes without a county ordinance.
Mr. Fisher said this issue first came to light in relation to dumping on
private property. This morning on WINA he heard a news report that there was
a fire at a private landfill in the County yesterday. Mr. Warner said this was
on Pantops property. Mr. Fisher said the report said there was controlled burning
that had gotten out of control and the fire company was called to put this out.
There is not supposed to be controlled burning anywhere. He felt this was extremely
out of line. Mr. Humphrey said his office has been aware of several illegal
dumping areas on Pantops and the Health Department is involved in correcting that
matter. Evidently this is a new one. Mr. Wheeler asked that Mrs. Miller be notified
to look into this matter at once. Mr. Fisher requested that some sorn of a report
be given before the Board left today.
Mr. Wood asked if there were not a section of the Code which prohibits dumping
on private property or the offender is subject to prosecution. Mr. St. John
said he was not sure. Mr. Wheeler felt Mr. Thach should complain to the Sheriff
about this problem. Mr. Humphrey said he is caught in the middle because it is
the owners responsibility under zoning laws.
Mr. Batchelor said Mr. Humphrey would like to present to the board several
pieces of information on private roads in the County. Mr. Humphrey said in reference
to a subdivision of H. H. Tiffany, Corville Farms, Sections 1 and 2, Major effort
has been made by the developer to have these roads completed in time to have them
accepted into the system effective July 1, 1974. The latest report from the Resident
Highway Engineer indicates that there remains paved guttering to be complete. Efforts
were made to have this accomplished prior to July 1, 1974, however, the quality of work
has not met with the approval of the Highway department.
Mr. Wheeler asked if these roads have been accepted into the system. Mr.
Warner said no. Mr. Wheeler said he would like to have it made a part of the
record that he had received a copy of a letter dated June 29, 1974 addresaed
to Mr. Humphrey which states that the Highway Department has already accepted
the roads in Corville Farms Subdivision into the system. He said this is the
kind of statement the Board constantly gets from Mr. Tiffany. This letter is
in his hand writing and signed by Mr. Tiffany. This is one of the reasons why
the Board of Supervisors has to take positive action on these roads. The statement
7-25-74
7-25-74 43 t
is not true and Mr. Wheeler feels that the developers are not putting forth
the right type of effort or cooperating with the county in this matter.
Mr. Warner said paved ditch is the only item which needs to be
completed. On one section Mr. Tiffany did a very good job. However, he
tried to finish the job at night. It rained on some of the work. He did
not use forms just poured concrete in the holes and troweled it off. Some
are four feet wide, some are two feet wide and all must be taken out. Mr.
Humphrey said the Planning Department would be glad to issue another letter
to Mr. Tiffany stating the facts as known by the County. They would ask him
to cooperate with the Highway Department and have this matter ready for acceptance
by the next meeting.of the Board.
Mr. Humphrey stated that his department had made a field inspection of the
roads in Jefferson Village yesterday afternoon. There is work being done.
Mr. Charlie Perry, assistant resident engineer, said he met with Mr. Allan
Dillard who will be doing the work for Mr. J. H. Williams. There are minors
items which need to be completed. These are caused from lack of maintenance
and not poor~ construction. Mr. Warner said Mr. Williams has stated several
times that the Highway Repartment was going to take over the roads and
have just never gotten around to it. That is not a fact. He has never
posted a bond with the Highway Department that is the reason the roads have
not been taken in. Mr. Fisher asked if he knew about the bond. Mr. Warner
said certainly he did. He has met with him personally several times. Mr.
Wheeler said he knows he is aware of the bond because he had told him about
it last week and Mr. Williams had said the bond would be availRble the next day.
He hoped this matter could be resolved by the next meeting of the Board.
Mr. Fisher asked if the building permit moratorium is still in effect.
Mr. Batchelor said it is until lifted by this Boar. d.
Mr. Humphrey said in reference to EarlYsvi!le~H~ig~ts~ .the Resident
Highway Engineer reports that everything is in order regarding the street
system in this subdivision with the exception of ~',. "i" drainage easement
across one lot. This drainage easement has been obstructed by a driveway
and pavement.
Mr. Warner said that his department had recently viewed this~subdivision.
This is the only thing that remains to be resolved. Mr. Amon WilliamS's
attorney and the attorney for the present property owner where the drainage
easement is located had been trying to negotiate and work out any differences.
He feels this should be resolved by next Board meeting.
In reference to Auburn Hills, Section 1, Mr. Humphrey noted that the
Resident Highway Engineer reports that a set of plans have been approved by the
Highway Department. In that approval, the Highway Department indicated that
4,3 2
paved drainage structures must be completed.
7-25-74
He noted that prior to final approval
of Section "2" of Auburn Hills, which is now pending before the Planning office,
that corrections must be done and verified by the Highway Department.
Mr. Warner said that Section 1 was built by an approved set of highway
department plans. The only thing that has not been completed is the paved
ditch with the additional traffic that will be generated by Section 2 they
will overlay the original road with plant mix. Mr. Humphrey said he understands
this has been put under contract. Mr. Wheeler urged that nothing in Section 2
be approved until this matter is straightened~out.
Mr. Humphrey said in accordance with a request from the Board he had looked
at Westover Hills Subdivision. There is a suretyb. O. nd posted for these roads
dated June 1970 and also there is a savings certificate on Section 2. There also
is a problem with drainage and the Highway Department can not find any road plans
for Section 2.
Mr. Warner said he met with the developers last year. A letter, was sent to
them on the correctivemeasures to be taken. Nothing else has been done to this point.
A couple of weeks ago he was requested to inspect Section 2. However, the Highway
Department files do not reflect any correspondence or approved plans for Section 2.
Mr. Wheeler asked if any building permits are being issued for Section 2. Mr. Humphrey
said he was not sure. Because Section 1 is so old, the Planning Department is
recommending that a building permit moratorium be imposed. Mr. Warner said that
originally the Highway Department had been informed that only Section 1 of Westover
Hills would be requested to be included for public maintenance. Any further
development would be of a private type. Because no plans had been submitted to the
Planning Department, he asssumed they had been preceding along that line. Mr. Henley
said he has received quite a few complaints about the roads in Westover Hills.
Mr. Wheeler suggested that a building permit moratorium be imposed on Westover Hills
until the matter of the roads is straightened out. Motion to this effect was offered
by Mr. Henley, seconded by Mr. Fisher and carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Wheeler and Wood.
NAYS: None.
Absent: Mr. Carwile and Mr. ~.
Mr. Humphrey said he would have a further report on some smaller subdivisions
that have the same problems. One in particular which needs further study is
Oakhill Subdivision.
Motion was offered by Mr. Fisher, seconded by Mr. Wood to adopt the following
resolution:
BE IT RESOLVED by the Board of County Supervisors of
Albemarle County, Virginia, that the Virginia Department of
Highways 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
roads in Sections two and three in Hollymead Subdivision:
Easy Lane - beginning at a point, the intersection
of the center line of Easy Lane with the eastern
margin of Hollymead Drive (St. Rt. 1520); thence,
Kith the center line of Easy Lane as it meanders
in a northeasterly direction approximately 1333
feet to the center of a circular cul-de-sac.
Golden Tree Drive - beginning at a point, the
intersection of the center line of Golden Tree
Place with the eastern margin of Hollymead
Drive (St. Rt. 1520); thence with the center
line of Golden Tree Place in an easterly and
northerly direction approximately 1199 feet
to the center of a circular cul-de-sac.
Maiden Lane beginning at a point, the inter-
section of the center line of Maiden Lane with
the west margin of Holly-mead D~ive (St. Rt. 1520);
thence, with the center line of Maiden Lane in a
westerly direction approximately 638 feet to the
center of a circular cul-de-sac.
BE IT FURTHER RESOLVED that the Virginia Department
of Highways be and is hereby guaranteed a 50 ft. unobstructed
right-of-way and drainage easements along this requested
addition as recorded by plats in the Office of the Clerk of the
Circuit of Albemarle County in Deed Book 531, page 313 and
Deed Book 531, page 309.
The foregoing motion carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Wheeler and Wood.
NAYS: None.
Absent: Mr. Carwile and Mr. Thacker.
Motion was offered by Mr. Wood, seconded by Mr. Fisher to adopt the
following resolution:
BE IT RESOLVED by the Board of County Supervisors
of Albemarle County, Virginia, that the Virginia Department
of Highways 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
roads in Section 5 of Canterbury Hills Subdivision:
Smithfield Road and Smithfield Court - beginning
at a point, the intersection of the center line of
Smithfield Road in the northwesterly margin of
Westminster Road (St. Rts. 1413 and 1404 respective-
ly); thence, with the center line of Smithfield
Road in a northwesterly direction approximately
580' to the end of Smithfield Road. Beginning
at a point, the intersection of the center line
of Smithfield Road with the center line of
Smithfield Circle, approximately 430' northwest
of the intersection of the center line of smithfield
Road with the northwesterly margin of Westminster
Road (St. Rt. 1404); thence, zn a southwesterly
direction along the center line of Smithfield
Circule approximately 250 feet to the center
of a circular cul-de-sac.
BE IT FURTHER RESOLVED that the Virginia Department of
Highways be and is hereby guaranteed a 50 ft. unobstructed
right-of-way and drainage easements along this requested addition
as recorded by plat in the Office of the Clerk of the Circuit
of Albemarle County in Deed Book 485, page 522.
434
7-25-74
Route 682 at Mechums River.
or a long length of road.
only maintenance.
The foregoing motion carried by the fOllowing recorded vote:
AYES: Messrs. Fisher, Henley, Wheeler and Wood.
NAYS: None.
Absent: Mr. Carwile and Mr. Thacker.
Mr. Batchelor noted that the Board had received a copy of the 1974-75 final
allocations for interstate primary and urban construction from the Virginia
Department of Highways.
a letter
Mr. Fisher said he had recently written/to the Highway Department requesting
that speed signs be posted on Reservoir Road. He asked if this had been accomplished.
Mr. Warner said the Highway Department has posted signs in three locations. They
hope to start working on some improvements to that road in the near future.
Mr. Fisher said he had been asked to intercede on behalf of ~fr. Henry Kirby
in a matter regarding Route 682. Mr. Kirby is concerned that once he moves
to his new house and installs tanks for his trucks, he will be unable to
negotiate curves on that road. Mr. Warner said Mr. Kirby knew the condition of
the road before he moved his operation there. Mr. Henley said he had told Mr.
Kirby the same thing. Mr. Warner said when Mr. Kirby moves his operation to
this location, it will definitely change the character of the road when they
start running the trash trucks through there. He did not know how the Highway
Department can solve everybodys problems at one time.
Mr. Fisher said he had noticed work on Route 687 where it begins near
He asked if they were only grading a small area
Mr. Warner said he did not know. It was probably
Mr. Fisher asked if anything has begun on the work for Ednam Forest entrance.
Mr. Warner said a bond has been posted and they do'have a construction permit.
Mr. Humphrey noted that the road plans have been reviewed by the County Engineers
and he has established an amount for the bond which has been posted with the County.
The Planning Office received a call yesterday about blasting. However, they are
holding up several building permits pending completion of items in the conditions
handed down by the Board of Supervisors.
Mr. Batchelor said at the last meeting, the Board discussed a problem with
Vicker Court. Mr. Warner said he has reviewed proposed corrections. The developer
has come up with another design which changes the complexion of the original
proposal. This new design will eliminate anyneed for an easement because the
water will be channeled back to an existing drainage structure. Mr. Batchelor
asked if this existing structure would be adequate to carry off the additional
water. Mr. Warner replied yes.
7-25-74
Mr. Henley brought to Mr. Warner's attention a road from Crozet to
Greenwood which is so narrow that if two cars meet someone must get off of the
pavement. He asked if something could be done about the situation.
Mr. Wheeler said he had received a call from a lady ~boht a hole in
the road on Route 649. Mr. Warner said Mrs. Ray Fisher had called him about
this. The hole has been patched. There is a legal problem at this point
because of natural drainage. The Highway Department has requested someone
from the Attorney General's office to review the problem. However, they
have not received a reply at this time. This will require an easement. At
one time, the Highway Department thOught this matter was resolved but the
property owner did not want to do it their way. He said the matter of the
water running into the highway does pose a traffic problem in the winter and
they are trying to resolve the problem.
Mr. Wheeler said Route 685 off of Route 616 at Keswick has a problem
with dust. The Highway Department did treat the road with something but
the treatment was so small that it did not correct the problem. He asked
if they could not give this road a further treatment to help make the people
in this area happy.
Mr. Warner noted that the Highway Department has almost completed Route
740. He noted that it looks like Arlington Boulevard.
Mr. Fisher said that banks had been cut back and seeded on Route 635
as it goes into Nelson County. He said this work looks very good.
As requested by residents of Pinehurst Court motion was offered by
Mr. Wood to adopt the following resolution:
WHEREAS, request has been received for street sign to
identify Pinehurst Court at its intersection with Route
631; and
WHEREAS, residents on Pinehurst Court have agreed to
purchase this sign, said sign to be purchased through the
office of the County Executive and to conform with standards
set by the State Department of Highways;
NOW, THEREFORE, BE IT RESOLVED by the Board of
County Supervisors of Albemarle County, Virginia, that
the Virginia Department of Highways be and is hereby
requested to install and maintain the above mentioned
street sign.
The foregoing motion was seconded by Mr. Fisher and carried by the
following recorded vote:
AYES: Messrs. Fisher, Henley, Wheeler and Wood.
NAYS: None.
Absent: Mr. Carwile and Mr. Thacker.
At 10:00 A.M., the Chairman called for a public hearing as advertised
on July 12 and July 19, 1974 to amend and reenact Sections 12-81 through
12-84 of the Albemarle Counny Code so as to impose parking regulations
within the boundaries of Piedmont Virginia Community College.
435
7-25-74
Dr. Harold J. McGee, President, Piedmont Virginia Community College was
present in support of the ordinance. No one from the public spoke for or against.
Motion was offered by Mr. Fisher, seconded by Mr. Henley to adopt the ordinance
as advertised. The motion carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Wheeler and Wood.
NAYS: None.
Absent: Mr. Carwile and Mr. Thacker.
(The ordinance as amended and reenacted is set out below.)
Chapter 12
ARTICLE IV. Parking Regulations within Boundaries of University of
Virginia and Piedmont Virgznza Community College.
Section 12-81. Prohibited acts.
It shall be unlawful for any motor vehicle or any other vehicle
operated by any person on the roads, streets, alleys, grounds and other
areas within the boundaries of the University of Virginia and Piedmont
Virginia Community College to:
(1) Park or stop in any driveway so as to block the use
of such driveway to others.
(2) Park or stop within fifteen feet of any fire hydrant~
(3) Pmrk or~s~op closer to a corner than is indicated by signs
or marks upon the road or curb.
(4) Park or stop within any bus zone, as indicated by signs
or marks upon the road or curb.
(5) Park or stop a vehicle with its left side to a curb,
except upon one-way streets or roads.
(6) Park or stop a vehicle within a marked crosswalk.
(7) Park or stop a vehicle more than twelve inches from a curb.
(8) Park or stop on an angle to a curb where parallel parking
is indicated.
(9) Park or stop abreast of another vehicle parallel with the
curb (double parking).
(10) Park or stop within any loading zone, as indicated by
signs or marks upon the road or curb.
(11) Park or stop within any zone indicated by signs or marks
upon the road or curb as a no parking zone.
(12) Park a motor vehicle unattended with its motor running.
(13) Park or stop a vehicle for a period longer than is indicated
as permissible by signs or marks upon the road or curb
(overtime parking).
(14) Park or stop on or upon any sidewalk.
(15) Park or stop in any fire lane marked or indicated as such.
(16) Park or stop upon any grass, unless such parking is indicated
by a sign as permissive.
(17) Park or stop within any zone or area designated by signs as
reserved for restricted parking in violation of the restrictions
set forth on such signs.
7-25-74
437
Section 12-82. Erection of signs.
The president of the University of Virginia is hereby
authorized and directed to cause such signs to be erected and
such markings to be made upon the roads, curbs, sidewalks,
and grounds within the boundaries or grounds of the University of
Virginia as he may deem necessary and proper to carry out
the provisions of this article.
The president of Piedmont Virginia Community College is
herebYdaUthorized and directed to cause such signs to be
erecte and such markings to be made upon the roads, cu~s,
sidewalks, and grounds within the boundaries or grounds
of the Piedmont Virginia Community as he may deem necessarM
and,proper to carry out the provisions of this article.
Section 12-83. Penalty.
Any person violating any of the provisions of this
article shall be liable for a fine not exceeding twenty dollars.
Section 12-84. Removal of vehicles.
In addition to any fine that may be levied for violation
of any provision of this article, any officer charged with the
enforcement of this article finding a vehicle standing upon
a highway, road or land in violation of the provisions of this
article is hereby empowered to move or cause such vehicle to
be moved at the cost of the owner thereof.
~t~ t~isi'~.~me"~the ~dard ~c~o.ntinnedc~wl~h dip~6u~one~fimg~p~op~seR~FirT~arms
.iM±sher: I believe the County Attorney has submitted drafts of the two
possible ordinance it came in our packet last weekend. One would prohibit
the discharge of any firearm within the boundaries of any residential district
within the County. For purposes of the ordinance, the only differences
between the drafts, was one is the present residential zoning ordinances
zoning categories, RS-i, R-i, R-2, or R-3 and the other draft has in it the
categories from the new, proposed zoning ordinance, which also includes the
same designations that we have now. There would be some question in my mind as
to whether adopting one with zoning categories that don't exist would be proper.
The other question is setting the limits of the fines on the misdemeanor charge.
I don't have any feeling, there probably should be a wide range of fines allowed
depending on the seriousness of the charge to give the judge some latitude
in the matter.
St. John: It is a misdemeanor and the limits are 30 days in jail or
$1,000 fine, as a maximum penalty.
Fisher: You are thinking about a monetary fine only.
St. John: The monetary fine only would be $1,000. Not less than $25.00
nor more than $1,000. Give it the widest limits you can.
Henley:
Wood:
Sounds alright to me.
Is there anyway we can
this
says any person discharging
any firearm within a residential boundary of the County. Is there anyway
we can state within the ordinance, with the exception of self-protection
or that type of thing? What good is it going to do
438
7~25-74
St. John: I tried to come up with something like that and I never
have seen any other ordinance like that. You can go_by ordinances that have
already been pas~ed. There are a lot of them in other localities and State
Code, this gives you the authority and so forth, and I did not find
anything like that. It would be a good idea, but difficult to draft. I believe
it would be preferable to enact it like this and let that be in the hands
the Judge. There is common law ruling that if something is necessary for you to
if you have to cross a double line, for example, the Statute says crossing a
double line is reckless driving, but if a guy is coming toward you in your lane
and you swerved across to avoid him, you are not guilty of reckless driving.
That is an emergency and the facts~.overweight the law in that case. I believe
we would be better off to leave it like it is and let the judge handle a situation
like that.
Wood: In other words, if somebody is breaking into my house and I discharge
a firearm, it is likely that the judge would non fine me for discharging a firearm?
St. John: It would be within his power to weight the facts and that would be
part of what he considers in deciding if you are guilty of violating this ordinance.
Wood: I think this is something I believe Mr. Thacker had some points
on it and maybe we ought to wait before we enact this ~-~ _
~eeler: Ail we would do is set a public hearing on it.
Fisher: What about including zoning categories that don't exist? Except
in a proposed zoning ordinance?
St. John: We don't want to do that yet. Enact the one that fits with our
present Zoning Ordinance.
Henley: Then just amend
Batchelor:
Fisher: Because, apartment complexes are not subdivisions and it is obvious
that in high-density areas they should be covered.
Batchelor: Gentlemen, let me point out a couple of instances where there
are large amounts of hunting going on that I am familiar with. Pantops has got
some residentially zoned property it is ver~ secluded area and bird hunting does
goes on. Children squirrel hunt and young people squirrel hunt.
St. John: We talked about that too, and I don't know what to 'do about that.
Batchelor: The Rivanna River down below Carrsbrook is zoned R-1 all the
way down the River across the railroad tracks where you couldn't hit some of those
houses with a high powered rifle if you wanted to. Many people go bird hunting in
there and some go deer hunting in there. You are precluding some very good
hUnting areas and it would be extremely difficult for the general public to know
that they are not supposed to hunt in there because they do not know what the zoning
is.
7-2-74
Wheeler: If it is zoned that way, it probably has the wrong zone, so
let's get the zoning straightened out.
Batchelor: What we are talking about, Mr. Chairman right now, we are
talking about hunting in there and it is going to be difficult for all of
those hunters to check zoning.
Wheeler: Do you know what you are talking about? I don't believe those
areas are zoned R-1.
Batchelor: Yes, they are.
St. John: They are the subject to this new down zoning and all.
That is what you talked about. Along the River and the Reservoir.
Wheeler: That might be a good reason for me to support the down zoning
in there.
Henley: I don'.t think it is going to be that much, Tom.
Batchelor: If the ordinance can be administered with some discretion,
but if the ordinance says you can't do it, then people are in violation.
Wheeler: This is the kind of thing we should discuss at the public hearing.
Either let's get it out and hear it from the public and if they think those
things, I think we could make adjustments. Let's have-a public hearing and see
what the citizens have to say.
Fisher: Want it for next month?
Wheeler: There is a question about some people being on vacation, let's
have it in September.
Mr. Fisher then offered motion to set a public hearing at 10:00 A.M.
on September 20, 1974 on a Firearms Control Ordinance with the following
wording:
Section 13-26,
Chapter 13, Albemarle County Code:
FIREARMS CONTROL ORDINANCE
(a) It shall be unlawful for any person to discharge
any firearm within the boundaries of any residential district
within Albemarle County, Virginia.
(b) Any person violating this ordinance shall be
liable to a fine of not~.~less than $25.00 nor more than
$1,000.00.for each such violation.
(c) For purpose of this ordinance, "residential
district" shall mean any district described as RS-l, R-l,
R-2, or R-3 on the official Zoning Map of Albemarle
County, as well as any Planned Community as defined
in the Albemarle County Zoning Ordinance.
Mr. Fisher's motion was seconded by Mr. Henley and carried by the following
recorded vote:
AYES: Messrs. Fisher, Henley, Wheeler and Wood.
NAYS: None
Absent: Mr. Carwile and Mr. Thacker.
7--25-74
Mr. St. John asked that he be allowed to leave the Board meeting for a few
minutes. Mr. Wheeler said before he left he would like to obtain an opinion.
Mr. Wood had to leave the Board meeting ~ approximately 45 minutes. He asked
what the Board's legal position would be since only three members would still
be in session. Mr. St. John said he had an opinion of the Attorney General
which says this does not destroy the quorum. If the Board were to enact a
tax ordinance or something of that type, there would have to be a majority
of the membership present, but there is nothing of that type on the agenda today
so the Board can procede with regular business. Mr. Wheeler asked Mr. St. John
if he would wait long enough for the Board to conduct a public hearing on the
next item.
At 10:15 A.M., Mr. Wheeler called for a public hearing on..a noise ordinance
as advertised on July 12 and July 19, 1974. He then called on the public for
comments.
Gregory Mihalic from Ivy: I have had considerable trouble with motorcycles
being operated on private property adjacent to mine. I would certainly approve
of any ordinance that would inhibit the kind of behavior that I have had to suffer.
We have had as many as six to eight unmuffled motorcycles adjacent to our house
for 12 hoUrs at a time. I have had to go to the Circuit Court for relief.
Julian Maslyk of Jefferson Village: I belong to the Jefferson Village
Association. Yesterday we had delivered to the Clerk of the Board of Supervisors
a letter in which our Association supports this proposal.
"4011 Tompkins Drive
Charlottesville, Virginia
July 23, 1974
22901
Chairman, County Board of Supervisors
Albemarle County Board of Supervisors
County Office Building
Charlottesville, Virginia 22901
Dear Mr. Chairman:
The Jefferson Village Community Association, which includes a
majority of the families residing in the Jefferson Village Subdivision,
urges the adoption of the proposed noise ordinance. Since the use of
motorcycles and minibikes has increased in the past several years,
noise pollution has increased in many areas of our county. Unlike
automobiles which are required tomaintain adequate muffler systems,
motorcycles and minibikes in many cases are operated in residential
areas without any noise suppression equipment. These vehicles
are operated on public and private properties for periods well in
excess of eight hours per day, depriving residents of the peaceful
enjoyment of their properties. Therefore, we strongly support
an ordinance to suppress noise generated by motorcycles and minibikes.
Please con~actthe undersigned for any assistance or further
information.
Very truly yours,
JEFFERSON VILLAGE
COMMUNITY ASSOCIATION
(Signed) James P. Muro
Pre sident,'
I ask one question. How would this be enforced if the Sheriff takes the position
that he does not have authority to enforce this ordinance or any other laws
on private property or non-public roads?
St. John: We are working on this question. Right now we think we have
a solution and the Sheriff does have authority to do thi's. We want to make sure
that he does and furnish him the citation to the law that gives him the authority
so that he has confidence When he goes there to enforce it that he is not
subjecting himself to some action such as false arrest and so forth.
Unidentified Man: I live in the Deerwood section and we have a situation
at times that is very annoying with unmuffled motorcycles. It seems that
they repeatedly rev these things up and disturb the area there. On a Sunday
morning it is particularly noticeable as well as on days during the weeks.
I realize~that these people are entitled to have a motorcycle 'as everybody
else is entitled to have a car or bicycle or whatever.
Carl Brunner of Airport Acres: On that road there is revving up of
motorcycles that is terrific. I don't mind motorcycles riding on it, but you
are right. I wish there was some way you could tell these people not to rev
it up.
Virginia James from Rio Road: Will this include trailbikes or just
motorcycles?
St. John: It will include all two-wheeled motorized vehicles.
Wheeler: The public hearing is closed.
Wood: I support the adoption of such an ordinance. In the six or
seven months since I requested this, Page Godsey (Administrative Assistant)
and the County attorney have done a good job in ironing out the difficult
problems involved. I do think such an ordinance is needed, especially
in the areas you have heard from today. This is where the complaints
have come from over the past couple of years.
Mr. Wood then offered motion to enact the Noise Ordinance as set out below:
Chapter 12, Article VII, Albemarle County Code
BE IT ORDAINED by the Board of Supervisors of ~lbemarle County,
Virginia:
Section 12-102. No person shall operate any motorcycle non
equipped with an exhaust system conforming to Sections 46.1-301
and 46.1-302 of the Code of Virginia (1950), as amended, in
such a manner as to produce noise emissions which are hazardous
to tM health and well-being of the citizens of Albemarle County,
whether or not such motorcyCle be operated upon a public
highway.
Section 12-103. The meaning of all terms herein shall be
controlled by Section 46.1-1 of the Code of Virginia (1950),
as amended.
q LI, 2 7-2_5-74
Mr. Wood's motion was seconded by Mr. Fisher and carried by the following
recorded vote:
AYES: Messrs. Fisher, Henley, Wheeler and Wood.
NAYS: None.
Absent: Mr. Carwile and Mr. Thacker.
The Board continued with discussion of a request from Dr. George Moore
for funds for expansion of the Charlottesville-Albemarle Health Department.
Dr. Moore introduced Dr. John C. Alexander who will be acting Health Director
for Nelson County and also Mr. Irv Allen.
Mr. Allen said that in the spring of 1973, this Board of Supervisors
approved a proposal to enlarge the Health Department and also to make
available $102,000.00 contige~d upon the Health Department receiving Hill-
Burton matching funds. The Health Department has now been notified by the State
that the Hill-Burton funds have been approved in the amount of $199,000.00.
They are present today to ask that the Board reaffirm the initial approval of this
project. The project involves adding to the Health Department, remodeling
existing space, adding equipment and providing for architectural and other fees.
The total cost of the project being $398,000.00. One hundred and ninety-nine
thousand dollars would come from Hill-Burton funds. The remaining one hundred
and ninety-nine thousand dollars would be split fifty-fifty County, City.
Mr. Allen said when the present Health Department was designed in the early
1960's, it was designed for twenty-three people. They now have forty nine
people, full time and ten part-time. They also make available space for State
and regional consultants who work for the Health Department. When the building
was first built, they had a training program for two to six public health
nurses. They now provide this program for ninety. He said this may be the
last opportunity for Hill-Burton funding. The present administration has
been opposed to this type of legislation and they froze the money that was
available under the existing legislation. This project is contige~t ..... upon
getting it under contract by June 30, 1975. A-tot~of work needs to be completed
between now and then; detailed architectural construction drawings, drawing
specifications for bids, issuing bids, considering the bids and getting the
connract signed. Since construction costs have risen so astronomically
since the time this project was discussed, the architect has prepared several
alternatives. The staff at the Health Department assures the Board that the
project will be kept within the total of $398,000.00 and the County and City
will not be asked to cover a deficit.
Mr. Wheeler asked if this proposal had been presented to City Council.
Mr. Allen said the project was presented to City Council last week and
approved by them. They have taken steps to appropriate money. Mr. Wheeler
7~25-74
3
asked if the Board approved this project, if the funding could be put in the
1975-76 Budget. Mr. Batchelor said yes. However, the Board must make
a monetary committment now. Mr. Fisher suggested that a proper resolution
be drawn for this matter and it be presented to the Board for formal action
at the meeting to be held on July 31, 1974.
Check Number 1004905, dated June 17, 1974 in the amount of $93.66
payable to fhe Interstate Printers and Publishers was presented to the
Board for cancellation. It was noted that Interstate Printers had returned
the check noting that the books ordered had been returned, thereby, cancelling
the original invoice.
Motion was offered by Mr. Fisher, seconded by Mr. Henley, to cancel
check number 1-004905. The motion carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, and~Wheeler.
NAYS: None.
Absent: Messrs. Carwile, Thacker and Wood.
Statement of expenses of the Director of Finance, the Sheriffs Office
and the Office of the Commonwealth's Attorney for the month of June 1974
were presented. On motion by ~fr. Henley, seconded by Mr. Fisher, the statements
were approved. The motion carried by the following recorded vote:
AYES: Messrs. Fisher, Henley and Wheeler.
NAYS: None.
Absent: Messrs. Carwile, Thacker and Wood.
Statement of expenses incurred in operation of the County Jail
for the month of June, 1974 was presented°along with summary statement of
prisoner days. Also, presented was bill of the jail physician in the amount
of $59.00 of which two-thirds is reimbursahle.by the State. On motion by
Mr. Henley, seconded by Mr. Fisher, these statements were approved as read.
Motion carried by the following recorded vote:
AYES: Messrs. Fisher, Henley and Wheeler.
NAYS: None.
Absent: Messrs. Carwile, Thacker and Wood.
Report of the County Executive for the month of May 1974 was received
as information.
In accordance with~ Code Section 63.1-52, reports of the Department
of Social Services were received for the months of May and June 1974.
(NOTE: At this time, the Board took a five,minute recess.)
At 11:00 A.M., members of the Library Site Selection Committee were
present to make a report to the Board. Miss Virginia Moore stated that the
Library Site Selection began~ahout a year ago with seven or eight sites.
%~was~narrowed to three and they have now chosen a site of about 6%000
square feet~and now as all that certain tract or parcel of land situated
444
7-25-74
in the City of Charlottesville, Virginia in the southeastern sector of the area
known as Vinegar Hill bounded by Main Street and Preston Avenue and more particularly
described on a proposed land use study for Citizens Co~m~onwealth Corporation by
Laramore and Lambert, Architects AIA Scheme No. 2 dated June 17, 1974 and have
s~gned an option agreement on this parcel. She said the parcel is large enoughc
to accomodate a building, landscaping and seventy parking spaces. Another thirty
parking spaces would go inside of the building on the ground floor. The cost of
the site is approximately $3.00 per square foot. The Site Selection Committee
felt this price was a bargain. They also felt that the cost of the site should
be allocated on the basis of circulation and that the City of Charlottesville
might have an advantage if the site is in the City. They therefore recommend
that the City and County bear at the same percentage or 45% each. The County
circulation is presently at 52%, the City's at 41%. However, they felt that making
the two amounts equal is fair. Several benefits to the citizens of Albemarle
from a new library are: To provide a larger book stock, one more in line with
National standard; more efficiency in cataloging and processing of books which
is the corp of staff work; to provide a larger collection area for the bookmobile;
and to further provide more services such as audio,visual equipment. Miss Moore
stated that Nelson County has already voted and made an appropriation of their
percentage of the cost. The Library Site Selection Committee~hopes that this
political subdivision will follOw suit and take action today on this request.
Mrs. Kate Hallock, Albemarle County representative on the Library Board,
said until a site is obtained, their hands are tied in going to other sources
for funds. Mr. Charles Youngman, Director of the Library, said that at the moment
federal funds are available. There is no guarantee that the new Library Services
Act will be passed. Therefore, federal funds may not be available in the next
couple of years. Mrs Hallock said she pins her faith on obtaining funds from
the Mellon Foundation.
Mrs. Peggy Horrocks, Albemarle County representative to the Library Board,
said she strongly recommends this site as the new Jefferson-Madison Regional
Library Site.
Mr. Wheeler said if the Board approves this site, Albemarle County share
will be $86,905.00. He asked if the money needs to be appropriated at this
time. Mr. Batchelor said if the Board approves this, the staff needs time to
work out the County's cash position. There is a large expenditure coming soon~
and the Board will be presented~in August-by requests for reappropriations from
the different departments.
Mr. Henley said he saw nothing wrong with purchasing the site but he could
see that it would be some delay in building a building~
7-25-74
44 5
(Mr. Wood returned at 11:20 A.M.)
Mr. Fisher referred to an item in the report from the Site S~lection
Committee~which stated that it was the conclusion of the Committee that it
would be most difficult to locate any site in the four counties served
by the regional library which would be more convenient to the residents
of the entire area. He said since 52% of the book service presently goes
to Albemarle County and is rising rapidly, access from outside of the city
to the regional headquarters for private citizens and for the bookmobile,
should be maximized in order to offer the best service for the most people.
He could not see that the library being set in the middle of the City would
give the best service for the future with the traffic problem. He also
felt that a $134,000.00 an acre is fairly expensive for land for this purpose.
He asked if this was a unanimous vote of the committee.
Miss Moore said it was a unanimous decision. It is the consensus in
library circles~all over the United States that libraries do best when they
are set down in the middle of things. One of the access of this plot is
that it has excellent access from north, east, south and west. Charlottesville
is roughly the center of Albemarle and thus the center of the entire regions
served by the library. Mr. Fisher said there are no major residential areas
near so they would not expect walk in traffic. Mr. Youngman said only from
the downtown area. In reading public library literature on locations of
buildings, it has been brought out that buildings placed outside of the main
business areas are not very successful. The ones located in suburban areas
have small circulation in comparison to those placed in downtown areas. However,
he could see some uniqueness in the Charlottesville-Albemarle area. Mr. Fisher
said the trend for business has been away from down.town to shopping centers and
that would seem to refute his statement.
Mrs. Haltock said she lives in Albemarle County but as an example she has
never been to the new post office. It is more convenient for her to come downtown.
Mr. Fisher felt the bookmobile would loose time each day by having to travel
over city streets with the congestion involved. He felt they could spend more
time ~serv-ice. Mrs. Hallock said the bookmobile would come from the 250 By-Pass
or Interstate 64 and both have excellent access to this site.
Miss Moore said the joint committee had talked about this problem to members
of the Board of Supervisors who were members of the Committee. Ail the members
had concurred in this site. Mr. Wheeler said he could recognize the validity
of Mr. Fisher's comments. ~The center of commercial is not downtown but north-
west of the city at Barracks Road or the new shopping center. If that was
used as a criteria, that is what Mr. Fisher'is trying to bring out. Although
he feels the committee probably came up with the best site available he will
446
7-25-74
support the site but he did not feel the County will be in a position in the 1975-76
budget for any allocation of monies for a building.
Mr. Wood said he has been extremely concerned about this site. If this is the
best site available, he felt the Board is committed to going ahead. However,
selection of this site hit him cold and he is still cold. Mr. Wheeler said the
Board is being asked for a decision today for money to purchase the site. Mr.
Wood said if that is the case, he will probably vote against the request.
Mr. Henley said alot of Mr. Fisher's comments had been brought out. Originally
he felt the same way. If a library site is selected in the northwest area, the Board
would probably have to pay as much for that same site. Very soon Fifth Street will
be opened and the site will not be as inaccessible to County people as some might
think. Mr. Wheeler said if the Board agrees to purchase this site, he hopes that
the proposed County Office Building will be in the downtown area. Since he feels
Mat people want their governmental facilities in or near this location. He said
he does have some reservations but he will support purchase of this site.
Mr. Fisher said it was very difficult for him to feel this is the correct
location for the regional library since 59% of the circulation is out the City and
increasing every year. Mr. Youngman said alot of the Albemarle County circulation
is generated by McIntire and the Gordon Avenue branches.
Mr. Henley said he could think of any site around the city where the library
could be constructed that some one would not have to drive through from one side
of the city to the other. He has given this matter alot of thought. If you
have to drive to the library a couple of extra miles will not make that much
difference. Mr. Wheeler said that when he stated the centerAofT~.commerical is
at Barracks Road and north of town, he could support putting the library in that
area either because there is too much traffic.
~r. Wood suggested that no action be taken on this matter at this time so
that the Board would have more time to think about the proposal~and to explore
some of the things the committee had already explored. He felt a further look
would be more advantageous. Mr. Wheeler said he was prepared to support the
request today. Mr. Fisher said he also would prefer to hear from Mr. Thacker
and Mr. Henley at the same time.
Mr. Wheeler said the matter would be deferred and set on the agenda
of August 15, 1974. Mr. Batchelor said if they want to put the library in the
center of town that is alright but the cataloging and the garaging operation
should be built in another location. Mr. Wheeler said that the Board has had
committees working for six and a half years the same as his term on this Board
and in that length of time he has never seen a committee change its mind about
a location. He said he has looked at this site and the Board must realize that they
have citizens from the County participating in the selection of this site
and he does not think that theme citizens will come up with another location.
He said if the Board wants to go in another direction and disregard the
committees report that is alright with him.
Motion was offered by Mr. Fisher to adopt the following resolution:
BE IT RESOLVED by t~e Board o~ Supervisors of Albemarle
County, Virginia that $1,000.00 be and the same hereby is
appropriated from the general fund and transferred to the
general operating fund and used for required editorial
work on the proposed new zoning ordinance for Albemarle
County.
Mr. Fisher's motion was seconded by Mr. Henley and carried by the following
recorded vote:
AYES: Messrs. Fisher, He~tey, Wheeler and Wood.
NAYS: None.
Absent: Mr. Carwile and Mr. Thacker.
Motion was offered by Mr. Fisher to advertise for a public hearing
on August 15, 1974 at 10:00 A.M. an ordinance to amend and reenact Section
9~1 and 9-42 and 9-43 of the Albemarle County Code, ~acS&c~ions 9-41 through
to
9-45 of the Albemarle County Code so as/impose administrative requirements
for the transient occupancy tax ordinance. He also requested the staff
to check recent legislation to see if the deadline on'this ordinance could
not be removed. The motion was seconded by Mr. Henley and carried by the
following recorded vote:
AYES: Messrs. Fisher, Henley, Wheeler and Wood.
NAYS: None.
Absent: l~r. Carwile and Mr. Thacker.
At 11:45 A.M., Mr. Tevis Michi~ Chairman of the Albemarle County Electoral
Board was present to discuss with the Board new legislation under Section
24.1-233.1 in reference to establishing a central absentee voter electiOn
district in the County.
Mr. Michie said this Board of Supervisors has to authorize and set
up a distkict. It has to be done in January of each year. There are
an
some advantages and some disadvantages. If the County establishes/absentee
ballot district all absentee ballots will be processed as usual by the electoral
board and the electoral board will deliver these to the precincts. The Electoral
Board will make a list and this list will go to different precincts. Before
go
they open the polls, they will take the list/through the books and put in front
of each name that that person has voted by absentee ballot. If the voter
sometime during the day goes to his precinct and wants to vote his ballot
in person, he can not do this. Because he will already be listed as voting
absentee. However, he can go back to the absentee ballot voting precinct
and if_~they,~do.~not~fin~c&2ballot returned to him and he is on the list that has
applied for a ballot, then he would be permitted to vote at that precinct. But
he would not be able to pick up his ballot and change his vote which he can do now.
At present, he can merely ask for his ballot to be voided and vote in person.
Mr. Michie said he had checked and the precinct must be in a public building.
At one time he thought that one of the back offices of the Registrar's Office
could be used, but the State Board of Elections says this can not be done.
The precinct must have a door into a hall or must be a separate room. Establishment
of this absentee ballot district will require that three officials sit at the
same time and for the same number of hours as the regular precinct. This would
cost $30.00 for each official~or a total of $90.00. It would be adding another
voting district and another precinct. Mr. Wheeler asked if the County could
continue in the same manner as this as been handled in the past. Mr. Michie
said yes. Mr. Henley asked if there are any problems at the present. Mr. Michie
said only if there is unusually heavy vote. The absentee ballots in sOme areas
have delayed the county but this is not a serious problem. He feels that at the
preaent time the way ballots are being handled and processed there are fewer errors
than in the past. Mr. Wheeler asked if the Electoral Board had a recommendation to
make to the Board. Mr. Michie said they have discussed this and they did not feel
this justified the expense.
Motion was then offered by Mr. Fisher and seconded by Mr. Wood not to establish
an absentee voter election district in the county for this general election. The
motion carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Wheeler and Wood.
NAYS: None.
Absent: Mr. Carwile and Mr. Thacker.
Mr. Sam Robertson, County Dog Warden was present to discuss a claim against
tke dog tax fund from E. William Hess for nine ewes killed by dogs. Mr. Hess
has stated that the ewes were selling at $60.00 a head and has sent in invoices
to verify this amount. However, Mr. Hess was not present because he has stated
that he will not protest the ~county's paying it. Mr. Robertson stated that with
the cost of the sheep, freight, processing and dipping, Mr. Hess has about '$47.00
in each ewe. However, that Mr. Hess must stand some of the hazard of raising sheep
and he recommended that the County settle this for $40.00 a head. The Board
concurred and motion was offered by Mr. Wood, seconded by Mr. Henley to settle
this claim for $360.00. The motion carried by the following recorded vote:
AYES:
NAYS:
Absent:
Messrs. Fisher, Henley, Wheeler and Wood.
None.
Mr. Carwile and Mr. Thacker.
7-25-74
Claim against the Dog Tax Fund for two pigs killed on June 28, 1974
was received from Kenneth K. Richardson. Motion was offered by Mr. Henley,
seconded by Mr. Fisher to allow Mr. Richardson $3.0.00 for this claim. The
motion carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Wheeler and Wood.
NAYS: None.
Absent: Mr. Carwile and Mr. Thacker.
Mrs. ~Ei'sher asked Mr. Robertson if since he had a Deputy Dog Warden
they had been able to check more licenses and thereby raise the number of'
licenses being sold. Mr. Robertson said not to any great extent. They
had probably picked up a $1,000 to $1,500. However, because the leash
law in Crozet people had gotten rid of a number of dogs and this would
lower revenue.
At 11:59 A.M; the Chairman requested an executive session to discuss
legal matters with the County Attorney. Motion to this effect was offered
by Mr. Fisher seconded by Mr. Wood and carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Wheeler and Wood.
NAYS: None.
Absent: Mr. Carwile and Mr. Thacker.
The Board reconvened at 1:37 P.M. (Mr. Thacker joining the Board at this
time.)
The Board conninued with a discussion of the Albemarle Square Site Plan.
Action on this matter wam:deferred on June 12, 1974 and returned to the Albemarle
County Service Authority for further study.
Mr. Humphrey read the following into the record:
12, 1974
MEMORANDUM
TO:
Board of Supervisors, County of Albemarle
County ExecutiVe, County of Albemarle
Clerk of the Board of Supervisors, County of Albemarle
FROM: Ray B. Jones, Executive Director
The Albemarle County Service Authority in their regular
meeting held on July llth at 3:00 p.m. reviewed the situation
concerning the Woodbrook Lagoon pursuant to your request
at your meeting on June 12th.
Attached is a copy of the Resolution passed unanimously
by the Authority. This Resolution reaffirms the Authority's
position on prior commitments in relation to sewer service of
the Albemarle .Square Shopping Center and the remaining
undeveloped portion of Woodbrook. It was the position of
the Authority that the first phase of the Albemarle Square
Shopping Center consisting of approximately 115,000 square
feet of commercial area generates approximately 7,000
gallons of sewage and that the undeveloped portion of
Woodbrook as proposed would generate approximately 10,800
gallons of sewer. These two additions would still place
the hydraulic loading of sewage facility well within
the certified limits of the facility.
45'0
7- 25- 74
"On reviewing the data on the sewage facility, it was found
that with the exception of the flooding conditions of June and
October, 1972 that the facility has performed well within the
criteria established by the State Water Control Board since
aerators were installed in 1970. Even during the period after
the flood when one of the three aerators was out of operation,
the tests on the Lagoon were not altered significantly. Most
of the comments related to the Board at their public hearing
were in reference to conditions that existed prior to the installation
of the aerators on the system.
It was the feeling of the Authority, which was in agreement
with the developer of Albemarle Square Shopping Center, that
limiting the Shopping Center to 115,000 square feet would safe-
guard the loading on the facility. Spokesmen for the Albemarle
Square Shopping Center said that approval of 115,000
square feet would not create any problems in his plans. Also
the Authority pointed out to the Board of Supervisors that it
can impose the condition on the site plan whereby no more building
permits would be issued in the event that the facility reached
a loading of 95%.
It is hoped that the above information will be of value
to you in making your determination on the Shopping Center, and
the undeveloped portion of Woodbrook."
WHEREAS, the Albemarle County Service Authority was created
to provide water and sewer service in certain designated areas
of Albemarle County.
AND WHEREAS, the Albemarle County Service Authority
purchased the Woodbrook Sewer Facility in 1964,
AND WHEREAS, the Albemarle COunty Service Authority
installed a surface aeration system on this facility in 1970,
AND WHEREAS, the State Water Control Board issued
~ertificate Number 1319 on October 2, 1972 which set the
maximum average daily flow at 55,000 gallons per day,
AND WHEREAS, the Rivanna Water and Sewer Authority
has plans to construct a sewer line in 1975 and plant by
1980 to phase out this facility,
AND WHEREAS, the Albemarle County Service Authority
approved the shopping center request for sewage at their
meeting on December 14, 1972 With certain limitations
as to flow and area subject to the jurisdiction of the ~
regulatory agencies,
AND WHEREAS, the Albemarle County Service Authority
approved service to the last phase of Woodbrook Subdivision
on January 10, 1974,
AND WHEREAS, the County Engineer reviewed ,an initial
site plan composed of the first phase for Albemarle Square
Shopping Center consisting of approximately 115,000 square
feet which would generate approximately 7,000 gallons per day
and later estimated a flow of 10,800 gallons per day on the
remaining undeveloped portion of Woodbrook,
AND WHEREAS, the Board of Supervisors have requested the ~ ~
Albemarle County Service Authority to review its position
on the Woodbrook Sewage Facility,
AND WHEREAS, the consulting engineer in a letter
dated October 10, 1973 (copy attached) requested service
for the center estimating a demand of 2,500 gallons per
day in the initial phase of the shopping center,
IT IS HEREBY RESOLVED that the Albemarle County Service
Authority has reviewed the current and projected loading on
the Woodbrook Sewage Treatment Facility and feels the Facility
has the excess capacity to provide the service and sees no
reason to deny the service. The Albemarle County Service
Authority further resolveS that in the event the Board of
Supervisors feels it must provide additional assurances, it
could impose a condition on the site plan whereby no more
building permits shall be issued when the facility reaches 95%
of its certified capacity.
7-25-~74
"October 10, 1973
Mr. Ray Jones
County Office Bldg.
Charlottesville, Va.
Dear Sir:
On behalf of Mr. Robert Howerin and Rio Twenty Nine and
Associates, we are requesting two water line connections --
one 2" tap and one 8" tap as shown on our site plan for
Albemarle Square Shopping~Center, dated July 11, 1973. These
connections will serve the shops and stores as shown on our
plan with each service being individually metered. Based
upon a permanent employee per day estimations, these
connections will use approximately 2,500 gallons per day.
If any further information is necessary, please feel
free to contact my office.
Yours truly,
(Signed) B. Aubrey Huffman"
Wheeler: You have heard the report from the Service Authority as requested.
Does the Board wish to hear additional information?
Fisher: In the last paragraph where it talks about imposing a condition
on the Site Plan whereby no more building permits shall be issued when the
facility reaches 95% of its certified capacity, that does not seem to be of
much value if all the building permits are issued tomorrow and it takes
six to eight months before a problem develops. What effect does that have?
Humphrey: I would tend to agree with you. One permit could be issued
unless it is implied that each retail unit within the structure is issued
a separate permit. We may not know until it is totally developed and in
operation whether it is going to reach that amount. I assume they are talking
the
about/first phase. After the first phase is working a moratorium could be
imposed on the second phase if it is found that it is over capacity.
Fisher: They are suggesting we approve a certain number of square feet.
It seems the building permits would be issued as a matter of course for the
total building immediately. This provision would give no assurances.
Humphrey: Only for further additions to the Shopping Center.
Fisher: They would have to come back for another Site Plan to be
approved anyway so that does not make any difference.
Batchelor: I believe they are talking to the total people who are in that
service area. If they stop issuing building permits for residential, commercial
and the other areas as well as
Fisher: It says impose a condition on the Site Plan, this Site Plan.
Batchelor: By State Law, we have to stop issuing building permits when
95% of capacity is reached.
Fisher: I don~t see that has any assurance for anything.
Wheeler: We have representatives here for the petitioner and citizens.
Do you want to hear any additional information?
7-25-74
Fisher:
Humphrey:
Wheeler:
Thacker:
Fisher:
a question.
Bill Perkins:
matter.
Wheeler:
additional.
Perkins:
Fisher: I think the question we have to resolve is the sewage capacity.
This does not leave much room for discussion.
Thacker: I had not had an opportunity to read through the resolution.
It seems to me that under the initial approval there were certain conditions
as to the type of stores that could be connected.
Humphrey: No large users of water would be permitted~such as restaurants,
laundromats, etc.
Where is that documented?
This is in the previous
That is in the commitment from the Service Authority.
But is not in their resolution, oh, yes it is.
I believe as far as the Service Authority is concerned that is not
hesitate to come before the Board on this particular
I just asked the Board if they were going to'hear anything
What I wish to mention is a problem. I think if I don't
mention it or if I am stopped from doing it, I don't know what occurs.
But I think I have to point out to one member of the Board a possible conflict
in regard to his tak±ng action on this matter as I interpret and read the
Virginia Conflict of Interest Act. I have to make that statement now even
thought I would prefer not to make it.
Wheeler: Okay.
Wood: You just made it.
Perkins: As I said I would prefer not to.
Wheeler: Unless the Board overrules, I am going to allow that statement
but I want our Attorney here. Do you ha~e any objections,-gentlemen?
I thi~k~'th~k type of~statement~shnuldfbe'iallowed'~.at-any time.
Thacker: Can we precede along other lines while we are waiting for George?
On the Site Plan approval that is now before us is the 115,000 square-feet
of floor area delineated in any way?
Humphrey: No.
B.~Aubrey Huffman: We can delineate it.
Thacker: I would think that we would have to Mr. Chairman.
Fisher: It might save a lot of problems later on.
Thacker: I would think that should be spelled out and the type of usage.
Fisher: If we are approv~ a site plan, we ought to be able to go back
three years from now and say this is what we approved and be able to point to the
map.
7-25-74
We are O.K.
Henley:
mation.
Wheeler:
Huffman:
453
I understand that they are going to allow additional information?
I don't see how we can delinea~ it unless we get some additbnal infor-
Do you have any objection to having that part while we are waiting.
This is the same .plan we already submitted, except the dark areas of
the project would be eliminated. The rest of it totals 115,000 sq. ft.
Wheeler: You had better run it off where those roads are and soforth John.
Humphrey: This area in black as I understand it will be ~elineated, which I
understand is a large department store, a drug store, several retail stores and a
food store.
Wheeler:
Humphrey:
is a separate facility now located on Rt. 29.
Fisher: Does that total 115,000 sq. ft.?
HumphreY; The present construction would be 115,000 sq. ft. and the remaining
development 100,000 sq. ft. This is by unit tabulation. There is a key, units 1
Any action that will be taken will be on the part that is not blackened?
There is a bank indicated in this area. This is not part of it, this
Wheeler:
Humphrey:
Thacker:
Humphrey:
Thacker:
HumphreY:
16, 1973.
Humphrey:
Huffman:
Humphrey:
I have not checked the numbers, it is
It totals 215,000 sq. ft.?
Yes, their proposal would be 215,000 sq. ft.
Has that plan been submitted to the planning department?
Not.this particular one.
Can it be identified?
We can so identify as amended.
There is a revision date of October
Does this reflect this division.
That was just done this morning.
We can note on here the revision date, and revised as of J'uly 25, 1974.
Fisher: Ail the drainage structures and all that worked out?
Huffman: Yes, it has been reviewed through all that process.
question here is the sewer allocation.
The remaining
Fisher: I believe there was some discussion when we first talked about this a
year or so ago, that ~there would be some offsite drainage structures that would be
used to protect the residents in Woodbrook.
Humphrey: You have those plans, they are part of the site plan submittal showing
how this will be done. They are supplimentary sheets. They do have some of the st~c-
tures indicated here. It is to bypass the Woodbrook lagoon and there would be some
rechanneling of the drainage to bypass the lagoon.
Fisher:
Wheeler:
Perkins:
OoKo
Any additional questions. O.K. Mr. Perkins.
As I stated, it is unfortunate that you have to do things that you don't
through 24, tied to the number of buildings.
certified by the engineer.
want to do to protect the interest of clients under the various enactments of code
sections, etc. that have now been enacted. I feel that in this particular case, on
behalf of the developers, I would have to suggest, that one member, Mr. Lloyd Wood,
should disqualify himself in the matter. As I read the pertinent portions of Chapter
22, title 2 of 2.1 of the Virginia Code, the Virginia Conflict of Interest Act. As
I understand it, Mr. Lloyd Wood owns property in the immediate vacinity of this par-
ticular project. The tax map that I have here shows that both he and his wife own
parcel 124-E on Sheet 61, which practically adjoins; but there is a small piece of
land in between there. This particular land that is owned there would be served,
because of the topography of the land by the same lagoon. It is now occupied by
Put-Pu~t, from which he received, I am sure, income, which is more than $5,000 a year.
Under the Virginia Conflict of Interest Act,~ as I read it, It appears that a member
of the Board of Supervisors should disqualify himself from voting or participating in
an act by that Board of Supervisors if he owns or has property which maybe in any way
concerned with the subject of the vote. It would seem to me that reading this in the
broadest sense, that the property that he owns,~from which income~ls received may in
some way be concerned with the subject on which we are voting. It is a broad inter-
pretation of the language of the act. This act has just been past. It was only
enacted in 1970, so we have had very few court cases regarding it. The only court
case I know of recently that may be similar is in Orange County, where the Chairman
of the Board of Supervisors authority to vote on a rezoning was questioned because
he owned adjoining land. The Commonwealth's attorney said he ~did not have a conflict
of interest in this matter. However, the Judge of the Circuit Court of Orange County,
which we are part of the same Circuit; overruled the matter, and indicated that there
was a conflict of interest, so the Chairman of the Board of Supervisors was improper
in acting. That particular case is now under appeal to the Virginia Supreme Court.
And what the outcome will be I don't know. I make the point only because I feel that
if I don't make the point now, I will be stopped from making it at a later time. I
certainly regret the necessity of making it, but I do have a job to do for~my clients.
I do make that statement, and have to make that statement because of the points as I
see them in reading this particular section of the code.
Wheeler: Mr. Wood do you care to make any response.
Wood: I don't see where it needs any response. I have been voting on this ever
since it began. I own no adjoining property. I don't see where I have any conflict,
and I intend to vote on it unless I am advised otherwise that I do have a conflict.
Wheeler: Mr. St. John, as a matter of information; I would think whether Mr.
Wood votes or disqualifies himself is a decision he makes, is that correct? The
Board has no responsibility.
St. John: No sir, i% is up to the individual supervisor. Of course, if he
participates, and it is adjudicated, that he does have a conflict. I believe that would
nulify the Board's action. The individual board members have no control over that.
7-2 5-7 4
.... 455
think the factual question of whether his ~interes.t in this property, whatever it is
that he owns, may be affected by the subject that is before you. To vote is a dec-
ision for you to make, and if he has doubt about, to seek a Commonwealth attorney's
opinion. I have given Board Members my opinion as an advisory matter, but I cannot
give~an official opinion. That is up to the Commonwealth'~s attorney. It is still
up to the Commonwealth's attorney under these statutes.
Wheeler: Mr. Wood, are you ready to proceed.
Wood: I don't mind proceeding, but I have not checked with the Commonwealth's
attorney. If the Board would like to defer any kind of action until I have a chance
to do so, I would be more than willing to go tbstAlbemarle Commonwealth's attorney
and get a ruling and abide by it. My advisory advice up to this point, is that I
do not have a conflict. I personally do not feel I have a conflict. I have no
monetary interest in this shopping center. I have opposed certain aspects of i--~~~~~
since the beginning.. I still oppose the portion of the shopping center~3~ooking onto
the lagoon. I have no interest with any individual I know of connected with that
shopping center. My property where the Put-Put golf course is located, does not in
anyway join this property, and never has.
St. John: The question is whether, in view of the value of your property, of
your interest in this property may be inhanced or deminished by the outcome of this
vote. That is the question. If you feel it may not, or is not in the realm of
probability, then' you have no conflict.
Fisher: I believe this matter has been brought up by council for the applicant.
I believe that perhaps Mr. Wood would like to have an opportunity to consult with the
Commonwealth,s attorney.
Wheeler: . That is what I am going to ask Mr. Wood. Mr. Wood, I ask you now,
would you like to Board to defer this un~il you can check with the Commonwealth's
attorney. Yes or no?
Wood: Yes. So there is no cloud of conflict about it. I think if we have an
official ruling from the Commonwealth's attorney, then there is no clouded issue at
all.
Perkins:
Wheeler;
Fisher:
Wheeler:
May I consult with my client for a moment.
I think it has gotten out of your hands.
This matter is before the Board now.
It is a Board matter right now. Gentlemen, we have had a request from
a Board member that he be allowed to check with the Commonwealth attorney on his right
to vote. I will entertain a motion to defer this matter.
Fisher: Would-you like to suggest a time period that would be necessary ....
Wood: I think that is up t~ the Commonwealth attorney, I will contact him immed-
iately as soon as I can get in touch with him.
Wheeler: Our next zoning matters are on August 14th, I would request a motion
to defer it until our August 14th meeting.
7-25-74
AYES:
NAYS:
Absent:
Fisher:
Thacker:
Wheeler:
Messrs:
None
I would so move f~r this purpose.
Second.
Discussion?
Fisher, Henley, Thacker,~and Wood
Mr. Carwile.
At 2:00 p.m., the Chairman called for a public hearing on the water quality man-
agement plan, phase I, as prepared by the Thomas Jefferson planning district commission
for/region 10. Mr. Robert Abbott, director of the T-.J. planning district was present.
He said they had approved this plan on March 5th, with certain amendments. Basically
they approved the CrOzet portion of the sewage line, but deferred action until a further
date on sewer lines to Earlysville and Keswick. But, also indicated in their approval,
a request for a eut~ification study, or a study of the entire south fork reservoir
which does supply water to Charlottssville and Albemarle. They felt the treatment
facility and lines from Crozet would relieve the discharge into the reservoir, but.no-
body has a clear idea of the magnatude of the polution that goes into the reservoir.
He asked that the Board of Supervisors approve the water quality management plan for
Albemarle County, as amended by the T. J. Planning District commission.
Mrs. Marcia Mashaw, Vice President~Of. the League of Women Voters, read the following
statement:
" I would first like to say that we appreciate your having this~public
hearing since there was no requirement .that you do so.
I wish to give each of you a copy~:of the statement the League made before
the Thomas Jefferson Planning District. Commission on November 7, 1973 when that
body held a public hearing on the plan. This statement reflects our present
position as well. We would like to re-emphasize our support for the recommen-
dation for a comprehensive study of the Rivanna Reservoir, as called for in the
amendments.
Although public participation was solicited rathar late in the planning
process, the League believes that.-the Planning District Commission did a com-
mendable job in hearing from the public and in meeting with local governmental
officials before this plan was finalized.~ The resolution passed by the Com-
mission and appended to Volume III of the report adequately reflects concerns
expressed to the Commission, and we urge your endorsement of the Water Quality
Management Plan as amended by that resolution."
Mr. Louis Scribner, Jr.: Ivy Citizens Association, said they feel the Board of
Supervisors should seek action. When adopting a plan like this to insure that the
construction of sewer lines running through the county will not cause corridor zoning.
They feel that the owners of property throughwhich the lines pass could be allowed a
token connection or whatever the Board feels is necessary; and the Supervisors place
a restriction on tapping onto the lines the cluster and village concept of zoning in
the County, should stay the way it is and not have development in a narrow corridor
where the sewer line passes.
Mr. Wheeler said he did not feel the Board could approve this plan and carry out
that request. He felt this is a decision that will have to be made by the Board and
future Boards as they act on zoning matters.
Mrs. Levin: Citizens for Albemarle, said they support adDption of the metropolitan
regional water quality management plan, as ~amended by the Thomas Jefferson Planning
District Commission. They support the amendment found at the end of Volume III of the
plan because i~ refuses to support the proposed"sewer lines to Keswick and Earlysvilte.
They do not feel the lines are needed at present, and would effect future development in
uch a way as to undermine the cluster concept of the Albemarle County Master Plan.
Mr. George Williams, Rivanna Water and Sewer Authority said the plan is modif-
ied by the Thomas Jefferson Planning District is consistant with the four party con-
tract, there is no conflict.
Mr. Fisher said the planning district had taken the origina~ proposal as written
~-- by the consultant and worked it through six to eight public hearings and at numerous
meetings with Planning Commissions of all the localities. The question of land use
implications along sewer lines was given a great deal of study. The plan as it exists
now, says that it is too early for sewer interceptors for Keswick and Earlysville.
The Crozet interceptor was questioned seriously by the commission. Deletion of this
was found to be ~ conflict with immediate plans of the Rivanna Authority. The question
of the Crozet interceptor was dropped to a category where the planning district
questioned only the land use implication and requested a stud~iof the~sources_'of~!
pollutio~in the Rivanna Reservior, which is the basis on which the State Water Control
B~ard ~made many of it's recommendations that the line be built ~ather than another
plan at Crozet. The State Water Control Board has taken the position that land use
implications are none of their business and the question of sewage must be treated on
~-- a dollar cost only. Mr. Fisher said he does not believe that is correct. It is not
the whole picture. The fact that the State Division of Planning and Community Develop-
ment has not seen fit to make any contrary statement peculiar.
Mr. ~ishe~then offered motion to adopt the water quality management plan, phase
listed in. three volumes as follows:
VOLUME I: a background studies and land use plan
VOLUME II: existing facilities and water quality
VOLUME III: water qualitY management plan, as prepared by
Hayes, Seay, Mattern, and Mattern, dated March
15, 1974, and as amended by a resolution by
the Thomas Jefferson District Planning CommiSsion
on March 5, 1974, such resolution to be found in
Volume III on page XII-9.
The motion was seconded by Mr. Thacker
Mr. Wheeler said he expects to support Phase I, however, he has said many times
to those wanting to preserve~Albemarle County's open spaces, that ~ey must realize
~-- in order to take.care of the citizens of the county, there must be dense areas. To
have density in these areas, there must be water and sewer facilities. He feels this
is the first phase of moving along. The decision that effect zoning will come to the
governing body over the years. Any delay in establishing water and sewer facilities
will be in the opposite direction of what the Board has been trying to do in preserving
open areas.
Vote was taken at this point, and the motion carried by the following recorded
vote:
AYES:
NAYS:
Absent:
Messrs. Fisher, Henley, Thacker, Wheeler and Wood.
None
Mr~ arw~le~
4 ~ 8 7-25-74
Mr. Humphrey stated that while the Planning Commission was working on the new
zoning map, it had brought forth pieces of history concerning the reservior which had
been forgotten. Back in 1968 and 1969, there was concern about the state of the reser-
vior. At that time a seminar was held by the League of Women Voters and others. It
was ascertained from officials of the State Water Control Board present at that time,
that the Reservior which serves the urban areas of Charlottesville and Albemarle was
in a poor condition, relative to items of pollution. Sometime after that the County
had received assurances from the State Water Control Board that they were going to con-
duct some studies, particularly those relative to erosion and sedimentation for some
reasons, these studies were never accomplished. These problems have again come to
light. The Planning Commission became so concerned that they asked the staff to bring
before them experts dealing with problems at the reservior. This was done. Generally
all concluded that something must be done to deter the etrophic state of the existing
reservior and the south fork of the Rivanna River. A study~is needed to determine
remedial measures to determine if the present condition of the reservior can be re-
versed. Without this type of information it will be hard for the county to deal with
controls around the reservior. On July 8, 1974, the Planning ~Commission had experts
m environmental science speak. Mr. Bartsch of the State Health Department, offered
his departments services to help in protecting the r~servior. The Planning Commission
also received a resolution passed by City Council urging consideration of land use
controls around the reservior to preserve the facility. Representatives of the
Environmental Protection Agency appeared and mentioned that there are State and Federal
grants available for this type of study. Mr. George Hornburger theoretical hydrologist
from the University of Virginia Environmental Sciences, spoke on the danger of the lake
silting-up He said we do not know where the Nutrients are coming from in the south
Rivanna Reservior. We-can only specify that there is a problem. Mr. M. Kelly, specialist
on factors effecting the life of life and plants spoke. He said the reservior has an
excess of ~utrients and an absence of oxygen at the bottom, and in some ways this
dense plant growth is now equivalent to a state which glacial lakes take 7,000 to 8,000
years to reach. In his opinion, the biggist source of neBtients seems to be in Ivy
Creek. He feels that Lickinghole Creeks supplies only about 1/6th of the phosphates in
the a~ea. Mr. George Williams representing the Rivanna Water and Sewer authority said
that there is no other water source of this size which~could replace the reservior in
the County. Based on this hearing, the Planning Commission adopted the following
resolution.
WHEREAS, the Albemarle County Planning Commission has been made aware of
detrimental effects of surface water runoff and situation relative to the South
Fork of the Rivanna River Reservoir; and
WHEREAS, these detrimental effects have created an eutrophic condition of
some magnitude, which has generally been known since 1969 with no remedial
action undertaken to determine the extent and possible remedies available to
correct and abate the destruction of this critical water supply, and
7-25-74
459
WHEREAS, the subject reservoir represants a substantial investment 'by the
taxpayers of Albemarle County and Charlottesville and,
WHEREAS, any replacement of a similar facility as a water supply would
be doubtful and having been advised that the only alternatives for a major water
supply would be the James River at great cost,
BE IT RESOLVED, that the Albemarle County P. lanning Commission strongly
recommends to the Board of Supervisors that they cause a study to be made in-
volving the subject reservoir to determine what stage Hf eut~ification the im-
poundment is in, the causes of the process and the remedial measures required to
abate and reverse the destruction of the facility.
BE IT FURTHER RESOLVED, that this study be accomplished jointly with the
City of Charlottesville and the Rivanna Sewer and Water Authority with the gui-
dance of the Environmental Sciences Department of the University of Virginia,
and the Thomas Jefferson Planning District, and that a request be made to the
Virginia State Water Control Board as soon as possible for such a study.
Mr. Humphrey continued by stating that representatives of the Environmental
Protection Agency say theue is a good possibility that money can be found to accom-
plish this detailed study.
Mr. Fisher said the North for'k of the Rivanna had been considered by the County
as an alternative water source in the event that it needed more water. Or that now
that the Rivanna Authority is formed,in the event the Community needs more water.
The State Water Control Board apparently feels that this is a small source of water
in relation to the south fork, and they are permitting Greene County or Standardsville
to place a sewage treatment facility up-stream of the north fork water intake on the
grounds that it is not a major water source in the community. The Planning District
Commission questioned this; they are not absolutely sure this was the right decision.
In any event, the State Water Control Board seems to feel that south fork Rivanna
Reservoir is the major water source for this Community. For the near and distant
future. This is guess work by informed people who should know the reservoir is~.in
trouble by siltation and eutrification and that it will not be the major water source
that it should be in a very short period of time unless something is done to protect
it. The Planning District Commission felt the subject heeded to be studied and
recommended that a study be made.
Motion was offered by Mr. Fisher seconded by Mr. Thacker to adopt the following
resolution:
WHEREAS, the South Rivanna River Reservoir is an important asset to the
Albemarle-Charlottesville community; and
WHEREAS, the reservoir is suffering eutrophication and siltation which can
destroy its value as a source of water as well as produce unpleasant Qd0rs and
tast~ and
WHEREAS, few remedial steps can be taken until more is known about the state
of the reservoir and about the amount and sources of the nutrients and siltation
coming into the reservoir, and about the soil characteristics around the
reservoir;
BE IT RESOLVED that the Albemarle County Board of Supervisors strongly
requests that the Virginia State Water Control Board and the Environmental
Protection Agency cause such information to be gathered and presented along'with
alternatives and suggestions for remedial action.
BE IT FURTHER~RESOLVED that the request for a study shall be made jointly
with the City of Charlottesville and the Rivanna Water and Sewer Authority,
with the guidance of the Thomas Jefferson Planning District.
Mr. Henley said that when you build a reservoir that has this farm laQd draining
into it, you are asking for trouble, and he did not think a study did not think a study
needed to be made to determine that. However, he said he hated to see the North fork
messed up. Mr. Fisher said it is not messed up, but will be less than five miles from
the output of the Standardsville plant to the input of the north fork and five miles
is considered the minimum distance between the output and the input. Mr. Batchelor
asked how far the Standardsville plant is in the planning, stage. Mr. Adams said once
you apply for Federal funds and the problems are recognized and you get approval, they
are in step one. They will go through an advanced planning stage and various alterna-
tives. At the moment, they are in the alternative stage. He does not the outcome of
this planning.
Mr. Batchelor said that several years ago the County purchased a large tract of
land in the northern part of the county in a water shed just northeast of another
possible reservoir site on the north fork. Soil conservation has indicated over the
years that the northfork is most likely the next fork for the community. While-it
does not have the largest water shed, it has the purest. It is considered an insurance
policy for the County concerning water. He said the staff should check to see what
is actually planned for Standardsville. Mr. Wheeler said he felt that was correct and
he was interested in the study of the south fork. He felt Mr. Henley's comments were
correct. He remembered the words of a former Chairman of the Board saying to the city
when they built th~s dam that he would probably be planting corn there in year's to
come because of the silting etc. If this is going to be a source of trouble on the
south fork, and the County has to look for other sources of water, they better know
it quickly and moving along and protecting the north fork. Mr. Fisher said that any-
body that knows anything about it, says there is trouble, but nobody knows just how
bad the trouble is. Vote was taken at this point and motion carried by the following
recorded vote:
AYES:
NAYS:
Messrs. Fisher, Henley, Thacker, Wheeler and Wood.
None
Absent: Mr. Carwile.
Mr. Allen Cooper asked if there were any indication how much this study would
cost. Mr. Fisher said there are only guesses from people who have never done a study
quite like this.
Mrs. Mashaw commended the Board for requesting the study, and handed to the Board
a letter and a copy of facts concerning the south Rivanna Reservoir which the League
of Women Voters had put together. (filed in the permanent record of the Board ~f
Supervmsors).
Mr. Thacker said that based on what Mr. Fisher had said the. County should be moving
fOrward to protect the north fork as well, and maybe some action should be taken.
Mr. Wheeler said Mr. Batchelor and the staff would do some work on this report
and report back to the Board at a later time. Also felt the County should keep their
options open on the north fork.
7-25-74
461
Mr. Wheeler said that the members of the Charlottesville-Albemarle Rescue Squad
had met with the Board several weeks ago With a request. He had the following letter
read into the record:
As per our telephone conversation of today, please accept this letter in
reference to the proposed formation of a Scottsville Rescue Squad. The Board of
Directors of Charlottesville~Albemarle Rescue Squad, Inc.~ held a special board
meeting on Thursday, July 18, 1974 at which time we discussed our position con-
cerning the formation of a re.scue squad in Scotteville. After~due~consideration
by our Board of Directors, we feel it is not in the best interest of the
community of Scottsville and Albemarle County to have the formation of a Scotts-
ville Rescue Squad. We, therefore, do not support or oppose .the formation of the
Scottsville ReScue Squad, 'We are most appreciative of the generous support the
people of the Scottsville Community have given us during the ~past years, there-
fore we will continue to render to the people in the Scottsville area the emergency
medical services as we have in the past, to the best of our ability.
I apologize for any inconveniences we may have caused you. If any questions
remain please do not hesitate to inquire.
With kind regards, I remain
Sincerely,
(signed) Bevley F. Butler
President
Mr. Wheeler said Mr. St. John had been asked to check the responsibility of the
Board in connection with the Rescue Squad and asked if this were a matter that the
Board should be considering. Mr. St. John said yes, this is a proper matter before
the Board. There are mea~sures the Board can take to control the number of rescue
squads in the county. By limiting~the number of franchises. However, the Board
cannot exclude an incorporated town in the County from having its own rescue squad.
However, the Code of Virginia does state that the Board can limit a rescue squad to
operating within the incorporated town boundary, but he would hate to see the Board
get into a situation like.that.
Mr. Hiriam Cook said he was a field representative for.emergency medical services
for the State Health Department and a spokesman for Scottsville's group. He said
since the Charlottesville-Albemarle Rescue Squad has dropped their opposition to
formation of this squad, he had certain materials he would like to present to the
Board. The Charlottesville squad has said they will continue to respond to people
in Scottsville if called. However, there is a question about this. It takes them
twenty minutes to respond to a call in Scottsville. He asked that they relay calls
to the Scottsville squad so that they could go out and stabilize the patient while
the Charlottesville squad is in route. He said they are not trying to~ down grade
the Charlottesville-Albelarle squad, it is one of the top units in the State and
has given good service over the years, but the distance is the critical factor.
Mr. Cook said that for the formation of their squad, they already have two medical
officers who will be advisors. Also one registered nurse. Several members have com-
pleted the first-aid course. Another member has been operating an ambulance service
in the area for a number of years. All members have completed an 80 hour E.N.T.
course through the State. The State requires specific amounts of instruction before
a member can operate or ride in an ambulance. This group already has 45 hours more
than are required. The Charlottesville squad had mentioned~ the fact that they have
a mobile intensive care unit. However, this is a false security for the people in
2 7- 5-74
Scottsville, since there is no way to get the unit to anyone in less than 45 minutes.
Mr. Wheeler said he did not want to be a referee nor did the Board in this matter.
They feel the citizens of Scottsville have arresponsibility. The Charlottesville-
Albemarle squad in their letter, has indicated that they are ready to cooperate. He
suggested that the two groups get together and work out what would be best for all.
Mr. Thacker said it is fortunate that the area has had the Charlottesville~
Albemarle Rescue Squad for a nUmber of years. They have been of trememdous service.
However, he can forsee a problem with distance to the southern part of Albemarle
County. It is approximately 20 minutes to Scottsville and even longer to Howardsville.
He said this is not an area in which anybody should be bickering. Cooperation is needed.
He hoped the Scottsville squad would not restrict only to those people in Albemarle,
but would include areas of Fluvanna, Buckingham, and maybe even Nelson County. He did
not think they should be restricted to either town or county limits.
Mr. Cook said they would serve a certain radius around the periphery of Scottsville,
Mr. Fisher said he has been involved with the group at the University of Virginia,
who through a private foundation, have raised over $300,000 to improve emergency medical
services in the Thomas Jefferson Planning district. He played a role in helping to
obtain that money and feels responsible for seeing that it is used properly. He has
advised the people who got the money to go through the Planning district to set up an
emergency services council of citizens, providers; squa~smen, doctors and others for
the entire region, so there will be a way that the different squads in all the counties
can communicate with each other ha~e a good radio communication system to the hospital,
which they are taking the patient to so the dispatchers can be trained and equipment
bought for communications. He said whatever the Scottsville squad decides to do, he
hopes they will cooperate with the other squads and with the emergency services council.
This emergency services council will try to cover ~600 square miles and 100,000 people
and it will be a big undertaking.
Mr. Wheeler ~said this BOard is not refereeing anything, and he encouraged the
Scottsville squad to cooperate, and said the Board would offer help in any way they
could.
On motion by Mr. Henley, seconded by Mr. Wood, the following over expenditures
for the year ending June 30, 1974 were approved by the following recorded vote:
AYES: Messrs. Fisher,. Henley, Thacker, Wheeler, and Wood
NAYS: None
Absent: Mr. Carwile.
To be transferred from the. general 6perating fund:
lB) County Executives Office $ 1,419.14
5A) Circuit Court 5,235.11
6A) Policing and Investigating 10,878.06
6B) Confinment and Care of Prisoners 10,585.99
10E) Planning and Zoning 43.44
13 ) Election 3,684.72
14 ) Maintenance - Buildings and Grounds 4,694.75
20 ) Regular Debt Service - Jail - Cremation Cost 41.24
7-25-74
TO be transferred from the General Fund~tO~the General Operating Capital Out-
Lay Fund:
19L) Capital Outlay - Jail $ 171,916.82
19X) Juvenile Court Facility 9,887.46
To be transferred from the School operating fund:
18E) 799 Piedmont Community College .37
Motion was offered by Mr. Wood and seconded by Mr. Henley to approve ~he
following overexpenditure for school fund accounts for the year ending Jun~ 30, 1974.
The motion carried by the following recorded vote;
AYES: Messrs. Fisher, Henley, Thacker, Wheeler, and Wood
NAYS: None
Absent: Mr. Carwile.
To be appropriated from the School operating fund.
17D2-400) replacement transportation vehicles $7,998.00
17G295) fixed charges 11,390.93
17J299 B) Charlottesville-Albemarls technical
education center 43,151~9
i7M811) Debt service Cremation Cost 392.39
17P) ESEA Title One (Migrant) 1,854.90
17R314) ESEA Title Two (Library Resources) 3,061.25
To be transferred £rom 17Bl-134A2 .Compensation, Teachers elementary, to code
17J299B Charlottesville-Albemarle technical education center $643.00.
Motion was offered by Mr. Henley-seconded by Mr. Wood, to approve the following
overexpenditures on school construction accounts for fiscal year ending June 30, 1974.
the Motion carried by the following vote.
Messrs. Fisher, Henley, Thacker, Wheeler and Wood.
None
Mr. Carwile.
To be appropriated from the school construction - capital outlay fund:
AYES:
NAYS:
Absent:
19.12 Scottsville Junior High Annex $ 111,481.76
19.19 Addition - Albemarle High School 904,480.78
19.20 Scottsville Flood Damage 331.20
19.22 Hollymead Elementary School 9,844.00
19.25 Southside Middle School 1,189,213.56
To be'appropriated from General fund and transferred to the school construction
capital outlay fund:
19.28 Albemarle North Elementary School 908,221.30
Motion was offered by Mr. Wood, seconded by Mr. Fisher to approve the following
overexpenditure of the McIntire Trust Fund for the year ending June 90, 1974. The
motion carried by the following recorded Vote:
AYES: Messrs. Fisher, Henley, Thacker, Wheeler, Wood
NAYS: None
Absent: Mr. Carwile.
To be appropriated from the McIntire Trust Fund:
180 McIntire Trust Fund $ 357.02
Motion was offered by Mr. Wood, seconded by Mr. Henley to adopt the following
resolution:
4 6 4 7-2s -74
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia,
that $7,200.00 be, and the same hereby is, appropriated from the General Fund
and.~tr~nsfer~dL~o %h~ G~nera~Operating Fund for~Cont~i~ution~to~the.~S%o~e~c~
Point Fire Company~
The motion carried by the fQllowing recorded vote:
AYES: Messrs. Fisher, Henley, Thacker, Wheeler, and Wood
NAYS: None
Absent: Mr. Carwile.
Mr. Michael Carroll, acting Director of County Personnel was present. He said
the State of Virginia and ~he Federal Government operate an emergency act for various
positions. The County has made a request for five positions; three parks laborers,
one full-time maintenance custodian for this building, and one pool secretary for the
Planning and Zoning Department. These f~nds would cover the positions from July 1,
1974 to March 31, 1974. The virginia Employment Commission does not guarantee there
will be any funds available to cover the Period from April 1, to July 1, 1975. However,
last year, the County was told the same thing and the Federal Government did come up
with additional funds. The Virginia Employment Commission is going to allocate
County $21,015.00. The County Will have to furnish 10% or $2,335.00, which can be
provided in cash or in-time services. Mr. Carroll said he needs authority to adver-
tise for these positions to hire these people. Mr. Wheeler asked if the ...Board 'needed
to appropriate any funds at this time. Mr. Batchelor said the staff would report back
at a later date for an appropriation after the amount had been finalized.
Motion was offered by Mr. Wood, and seconded by Mr. Henley to approve the program.
Mr. Thacker asked what happens to employees hired under the PE~ program. Mr.
Batchelor said in the past, some have been kept in other poSitions, and some let go.
Mr. Fisher asked if there is a time limit on employment for individuals hired under
this program. Mr. Carroll said money is only appropriated for short periods of time.
Last year, additional funds were found, and if this occurs again, it is possible these
people could be taken on for another year or two. However, nothing definite will be
decided until March, 1975. Mr. Thacker asked, if the need for these employees disappears
if they can be released. Mr. Batchelor said that when they are hired, they are told it
is on a temporary basis. Mr. Carroll said the only stipulation the County has to follow
in hiring these persons is that the person be a resident of Albemarle County and un-
employed for at least two weeks prior to the date of employment. The idea of the pro-
gram is to take people off welfare roles and give ~them jobs~ They hope that at the
end of the funding period, the County will take them on to the County's payroll, how-
ever, if no jobs are available, this cannot be done. The County does not have to cer-
tify that it will do this.
Vote was taken at this point, and the motion carried by the following recorded vote:
AYES: .Messrs. Fisher, Henley, Thacker, Wheeler and Wood
NAYS: None
Absent: Mr. Carwile
7-25'74
465
Appointment to the Airport Commission was passed over.
Appointment to the Welfare Board was passed' over.
Appointment to the Planning Commission was passed over.
Discussion of an Ordinance to amend and reinact article II Section 2-4 of the
Albemarle County Code to eleminate compensation for the Board of Supervisors member
who serves on the Albemarle County Planning Commission was removed from the agenda.
Discussion of an ordinance to eleminate compensation for the Board of Supervisors
member who serves on the Albemarle County Welfare Board was removed from the agenda.
Mr. Fisher said he had received numerous calls from people complaining about the
meeting place for the public hearing on SP-203 for the City of Charlottesville - Massey
Site. He had told these people he would ask the Board if they would be willing to
readvertise this hearing for the Red Hill School. Mr. Wheeler said he also had
received calls and talked to Mr. Fisher about this, however, he feels the Board needs
a large meeting place, because this is of interest to a great number of people, ands
he feels this meeting should be held at Jouett.
Mr. Wheeler presented the following communication to the Board:
July 23, 1974
"Sixty-four million eight hundred thousand dollars ($64,800,000) is the
amount government entities would have paid the Virginia Electric Power Company
for electric power service during 1973 if the proposed new rates had been in
effect for that year. The government entities--local, state and federal
government agencies and instrumentalities--actually paid $38,900,000. The
increased rates would have provided $25,900,000 more than the rates which were
then in effect. These additional collections would have provided an increase
of 66.58%. On the average your county's electric power bill would have been
166.58% of what it actually was.
It is with these proposed, increased rates and schedules which produce
such increased revenues for Vepco and other utilities that the Virginia counties,
cities and towns are concerned. This situation led~.to the creation of a joint
effort by the Virginia Association of Counties, the Virginia Municipal League,
the Virginia Association of School Administrators, the Virginia Association of
Redevelopment and Housing Authorities, and the Virginia Water and Sewer
Authorities Association and resulted in the creation of a steering committee
to deal with the situation.
The Steering Committee has met and has made the following findings:
1. Vepco is willing to cooperate in attempt to negotiate a ~ariff
or schedule of rates, but insists that progress be demonstrated
toward the negotiating stage.
2. The need for information and data developed by an independent
consulting firm was demonstrated early in the discussions.
3.Funding is needed to retain the consultants and to prepare
for and conduct the negotiations with Vepco.
4. A screening committee was appointed to interview possible con-
sultants which might be retained. (The interviews, for the
most part have been completed.)
5. From proposals submitted by the prospective consultants, the
Steering Committee has recommended a budget extending over a
period of two years in the amount of $110,000 each year.
6.After muchdiscussion involving the weighing of possible
~fact6-~s, a formula was developed simply to assess each county,
city and town of over 3,500 population at the rate of 3¢ per
capita per year to fund the budget. (The population of any town of
3,500 or more would be deducted from the population of the county
within which it is located.)
7. Consultant information and data would be assembled as far in the
past as possible and would be continually brought up'to dat~.
It would be used to negotiate with utilities and to present to the
State Corporation Commission, if necessary, and to Committees and
members of the General Assembly. It would appear that such funding
is likely to become an item in each local government.'s annual budget
in years to come.
Thus, each county is requested to consider the recommendations of the
Steering Committee, and if its governing body approves the recommendations, to
appropriate and forward to the Association its share of the budget funding for
the first year. A separate account will be maintained for these funds. A
bill showing your county's share is enclosed for your convenience.
The consultants interviewed wish to make sure that the money out of which
they will be reimbursed is available before they commence work. Legally, a
county is required to indicate that it wishes to share in the cost of preparing
for and conducting the negotiations by a regular and legal appropriation.
As you can see, much time and effort has been put into laying the founda-
tion for this joint effort. We hope you will approve it. Please accept my
warmest and kindest regards.
Cordially yours,
(Signed) George R. Long
Executive Director
Mr. Wheeler said he is representing the rural counties on this committee. The
State Corporation Commission now regulates rates paid by citizens to the Virginia
Electric and Power Company. However, they do not regulate rates paid to Vepco by
localities. It has been recommended that the General Assembly place everybody under
the State Corporation Commission and that way everyone would pay the same rate. The
localities do not want to be placed under the State Corporation Commission, and
hope these consultants can negotiate this with Vepco. If the said cannot be worked
out, they will help flight this battle in the General Assembly next year. He asked
that the Board approve Albemarle County participation and approve an appropriation
of $1,212.00.
Motion was offered by Mr. Wood to participate in the program and to adopt the
following resolution:
BE IT RESOLVED~byi~the Board of Supervisors of Albemarle County, Virginia,
that $1,212.00 be, and the same hereby is, appropriated from the General Fund
and transferred to the General Operating Fund for payment to the Virginia
Association of Counties.
Mr. Wood's motion was seconded by Mr. Thacker, and carried by the following
recorded vo~te:
AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None
Absent: Mr. Carwile.
At 3.23 p.m. motion was offered by Mr. Fisher to adjourn this meeting until 7:30
p.m. on July 30, 1974 at Jack Jouett Junior High School. The motion was seconded
by Mr. Wood, and carried by the following recorded vote:
~YES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None
Absent: Mr. Carwile.