HomeMy WebLinkAboutZMA198500033 Correspondence 1989-11-27 1v111
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COUNTY OF ALBEMARLE
Office of County Attorney
416 Park Street
Charlottesville, Virginia 22901
Telephone 296-7138
JAMES M BOWLING IV GEORGE R ST.JOHN
DEPUTY COUNTY ATTORNEI COUNT'1 AT1ORN�1
November 27 , 1989
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George H. Gilliam, Esquire
Paxson, Smith, Gilliam & Scott NOV 29 1989
P. O. Box 2737
Charlottesville, Virginia 22902 P}�,gs� DIVISION_
Earlysville Forest Fire Hydrant
Dear George :
I am sending back to you, all of these materials you sent me
on the subject of the fire flow pump in Earlysville Forest.
I distinctly remember sending these same materials, on to
someone in the County but I cannot remember exactly to whom I
sent them.
George, my reason for sending these materials back to you is
that I have no power or authority as County Attorney, to decide
whether the County should accept dedication of this pump. In
order for property of any kind to be dedicated either to public
use in the County, or to the County itself , the County must
affirmatively accept the dedication either by action of the Board
of Supervisors or their duly designated agent. Their agent for
acceptance of dedication of roads and other public facilities
shown on plats, is the Director of Planning but I do not believe
he has the authority to make this kind of decision.
Therefore, the only way the decision can be made whether to
accept dedication, and if so, the only means to implement that
decision, are formal resolution by the Board of Supervisors.
Therefore , I suggest that you begin the process by
submitting an offer of dedication, along with a request that this
offer be accepted, at the Planning Office and further request
that they put it on the agenda for the Supervisors in due course.
I am sending a copy of this letter to Bob Jenkins, a copy of
Wayne Cilimberg, and a copy to Bob Tucker.
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George H. Gilliam, Esquire Page 2 November 27 , 1989
I don' t believe the Planning Commission has to review this,
unless the Planning Office or the Supervisors want this done.
However, again, I have no authority to take this action.
My thought is that either the pump must be dedicated, or the
Earlysville Forest Homeowners Association must undertake its
maintenance and if necessary, periodic replacement.
Sincerely yours,
George R. St. John
County Attorney
GRStJ/tlh
Enclosures
cc : Mr. Robert Jenkins
Mr. Wayne Cilimberg