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HomeMy WebLinkAbout1972-03-22 A regular meeting of the Board of County Supervisors of Albemarle .County, Virginia, was held at the Albemarle County Court House on the 22nd day of Narch, 1972, at 7:30 P.~. Present: ~essrs. Stuart F. Cat,rile, Gerald E. Fisher, J. T. Henley, Jr., '~illiam O. Thacker, Jr, Lloyd F. Wood, Jr. and Gordon L. Wheeler. Absent: None. 0ffioers present: County Executive and County Attorney. The chairman called for public hearing on ordinance 'to amend Section 2-1 of the Albemarle County Code to permit increase in membership of the School Board, as advertised in the Daily Progress on Earch 8 and Narch 1 5, 1972, and as posted on the Court House on ~arch 7, 1972. Nr. Carwile read the ordinance, as proposed. ~r. Roger Ford stated that he felt it necessary to have a seventh member of the School Board as the black community needs representation. Nr. Shirley Chapman expressed agreement with Nr. Ford's statement as did several persons who did not identify themselves. Nr. Wood stated that he was in agreement with statements from the public but wished the membership could have been kept at six with black representation.~ Nr. Fisher expressed the hope that the increased membership would be temporary for this four-year period and that the Board can then go back to ap- pointing six School Board members to include black representation. In further discussipn, it was agreed on suggestion by Nr. Thacker, that the word "shall" be changed to "may" in relation to seven trustees. Accordingly, motion was made by Nr. Wood, seconded by Er. Carwile, to adopt the ordinance as proposed with this change as follows: AN ORDINANCE TO A~END AND BE-ENACT SECTION 2-1 OF THE ~ COUNTY CODE SO AS TO INCREAEE NE~SHIP OF TEE ~~w~ COUNTYi.~SCH00L BOARD FROE SIX TO SEVEN ~r~RS: BE IT ORDAINED by the Board of County Supervisors of Albemarle County that Section 2-1, Article I, of the Albemarle County Code, relating to the School Board, be and it hereby is, amended and re-enacted to read as follows: "Section 2-1 -- Numbers of members of school board. The school board of the county may be composed of seven trustees. One trustee shall be appointed from each magisterial district of the county and one trustee may be appointed from the county at large. Such trustees shall be appointed in the manner and for such term of office as is provided by state law." This ordinance was adopted by the following recorded vote: AYES: ~essrs. Carwile, Fisher, Henley, Thacker, ~Wheeler and Wood. NAYS: None. Nr. Carwile requested the Chairman to appoint a committee to bring back recommenda- tions on an additional appointment. Nr. ~heeler advised that the Board would serve as a committee cf the whole and announced that the Board would welcome recommendations from civic groups and organizations. At 7:4~ P.N. the Chairman called for public hearings on zoning requests as advertised in the Daily Progress on N~rch 9 and Narch 16, 1972, as follows: (1) Z~P-201 - application of Process Engineering & Fabrication, Inc. to rezone 5.0 acres located on south side of Route 240, one-quarter~mile east of Acme Visible Records in Crozet, ~rom N-1 Industrial to N-2 Industrial. Nr. Humphrey reported that the start found the use contemplated and the proposed N-2 zone compatible in all respects and felt the proposed use would be in keeping with other industrial activities. He lktrther reported that the Planning Commission recommended granting N-2 by unanimous vote. The main speaker in opposition was Nfs. Leslie H. Walton, adjoining land owner. Also speaking in opposition were Nr. Fred Landes, attorney for Nfs. Walton, Dick Ergenbright, Adelaide and Harold Swain, Bill Barber and Anne Barnes and Laura Brannigan. Communication in opposition was received from J. B. Hinch, Executive Vice President of Acme Visible Records. Appearing in support of the application was Nr. Eaton Brooks, attorney, and Nr. Charles Narkel, president of Process Engineering & Fabrication. Nr. Henley stated that he could not see N-2 zone being used as a buffer between N-1 and A-1 zones and offered motion to deny the application. Notion was seconded by Nr. Fisher and adopted by the following recorded vote: AYES: Nessrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wo~d. NAYS: None. (2) ~P-157 - Application of John A. P~ne III for special permit to allow a perma- nent mobile home on 2.57. acres of land zoned A-1 and located on the west side of Boute 20 So~th approximately two miles north of Keene. Nr. Humphrey reported that the staff and Planning Commission recommended approval subject to Health Department approval of a septic system, 100 ft. setback from Eoute 20 and removal of existing dwelling on the subject parcel. Nr. Payne was present in support of his application and advised that the house can be fixed up for occu- pancy and he has started repairs. In discussion, it was determined that Nr. Payne would occupy one dwelling place and his sister the other and under the circumstances this application was unnecessary.. Accordingly, motion was o~Tered by Nr. Wood allow- ing Er'. Payne to withdraw his application and ordering refund of the $20.00 made for costs in connection with same. Notion was seconded by Er. Henley and adopted by the following recorded vote: AYES: Nessrs. Carwile, Fisher, Henley, Thacker, Wheeler and ~¢ood. NAYS: None. (3) ~P-1 59 - Applic~ation of Avery Catlin for special permit to allow a permanent mobile home on U.0 acres of land zoned A-1 and located on Route 676, approxi- mately 2/3 mile northeast of its intersection with Route 677. Er. Humphrey advised that the Planning Commission recommended approVal subject to health department approval of a septic system and a setback of 100 feet from Route 676. No one appeared with regard to t'his application. On motion by Er. Wood, seconded by Er. Thacker, the recommendation of the Planning Commission was accepted. Notion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. (4) 2P-150 -[Application of Fred Cobbs for special permit.~fCra present emer- gency mobile home to be established as a permanent mobile home on land located on Route 602, north of l~oute 626. and (~) ~P-l~l - Application of Bessie Farley for special permit ~ for a present emergency mobile home to be established as a permanent mobile home on land located on Route 602, north of Route 626. Mr. Humphrey advised that these mobile homes were located on this site-during the August 1969 flood emergency and due to the emergency housing it was necessary to locate them in violation of the Zoning Ordinance. He reported that the Planning Commission recommended approval of the two permits subject to health department approval of septic system, relocation at least 30 feet back from Route 602, and annual review by the Zoning Administrator. Mr. Marvin BiD~ey appeared on behalf of Mr. Cobbs. No one appeared in opposition. On motion by Mr. Fisher, seconded by Mr. Wood, the recommendation of the Planning Commission was accepted. Motion carried by the following recorded vote: AYES: NAYS: (6) Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NONE. CUP-149 - Application of Virginia Electric and Power Company for conditional Use Permit to erect on a right-of-way of 2100 feet in length, a 230,000 K.V. transmission line, near the intersection of l~outes 231 and 646, and a proposed substation site consisting of 9.4 acres, Rivanna Magisterial District. vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and m~ood. None. Mr. Humphrey reported that the Planning Commission recommended approval subject to site plan being submitted for review prior to construction of the substation and that the substation be concealed with two staggere~rows of six foot high white pines around the perimeter of the facility. Mr. P. G. ~Vorrisette, VEPC0 Manager, appeared in support of the application. No one appeared in opposition. On motion by Mr. Wood, seconded by Mr. Thacker, the recommendation of the Planning Commission was accepted. Motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, ~neeler and Wood. NAYS: None. (7) ZMP-200 - Application of Auburn Hill Farm Corporation. The County Executive advised that he had received request this date by telephone for deferral on this zoning petition for another month. The County Attorney' advised that this would require re-advertisement of the public hearing. On motion by Mr. '~ood, seconded by Mr. Carwile, action on z~w-200 was deferred as requested and it was ordered that the same be re-advertised. Notion carried by the following recorded The following agreement was submitted by the County Executive: "THIS AGREEMENT made th_is first day of March, 1972, by and between THE ALBE- NAR~ COUNTY ~ERVICE AUTHORIT~FF, hereinafter called "Authority" and ~EE BOARD OF COUNTY SUPERVISORS OF AI~ COUNTY, VIRGINIA, hereinafter called ~"The Board", WI T NE S SE T H: ~HEREAS, the Authority and the Board have heretofore by agreement of June 19, 1970, made provision for the leasing ~by the Authority to The Board of certain tracts or parcels of~ land aggregating 445.31 acres, more or less, situated in the Mint Spring area of the White Hall ~agisterial tDistrict of Albemarle County, Vir- .ginia, just west of the community of Orozet, being sho~n as Parcels 20B, 21A and 22 on Albemarle County Tax Map Sheet 13 and Parcels 28, 40A and 44A on Albemarle County Tax ~ap Sheet 55, and ~EREAS, the validity of said agreement has been questioned as lacking con- sideration to the Authority and further as lacking certification by the consulting engineer setting forth that the property in question is not necessary or useful to the operation and maintenance of the water system of the-Service Authority at the present time, said certification being required by the 1965 bond resolution of the Authority as set forth on page 27 of said resolution; and WHEREAS, by resolution of the Authority of February 22, 1972, it has requested the Board to obligate itself to furnishing the Authority the exclusive right to the water from the Be~erlC~ek~f~cility belonging to the Board for the duration of the Authority's initial fifty year existence, said right to water to be free of charge, and the Board bei~g willing to so obligate itself in return for the amendment to the June 19, t970 lease, as hereinafter set out, and -~qEAS, by certificate of John W. McNair, Jr., consulting engineer, of February 23, 1972, said engineer has certified that the raw water impoundment facilities at Mint Springs "are no longer used or needed in the Crozet water system', NOW, THEREFOP~, for and in consideration of the premises, the Board does hereby grant to the Authority the exclusive right to use water from the Beaver Creek facility for a period from the date of this agreement through the initial 50 year existence of the Authority, terminating in the year 2014, or until such time as the Authority may request a termination of said rights, and The Authority acknowledging the value of the water rights so granted, does hereby reaffirm its lease arrangements as set forth in the July 19, 1970 agreement reserving all the rights to itself as therein set out, and Said agze~ment of June 19, 1970 as herein~:~amended is in all other respects ratified and reaffirmed. WITNESS the following signatures and seals:" Secretary COUNTY SERVICE AUTHORITY Chairman Clerk BOARD OF COUNTY SUPERVISORS OF ~ COUNTY, VIRGINIA Chairman In discussion of the foregoing, Mr. Fisher stated that he felt 42 years was unreason- able and would unduly tie down the water supply of Beaver Creek; further, tl~at a year to year or a three year agreement would be preferab~cand that interest on Service Authority ~loans should be a necessary consideration. At conclusion of dis- cussion, motion was offered by Mr. Carwile to approve the foregoing agreement and authorize the Chairman to execute same. Motion was seconded by Mr. ~ood and adopted by the following recorded vote: AYES: ~essrs. Carwile, Thacker, ~heeler and Wood. NAYS: ~essrs. Fisher and Henley. Easement was received from Virginia Telephone and Telegraph Company for under- ground facilities to be placed at Nint Spring Recr~eation Area. The County Attorney advised that he had reviewed said easament and found it to be in order. On motion by Nr. Wood, seconded by ~ir. Thacker, said~.easement was approved and the County Executive was authorized to execute same. Motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, l?~leeler 8lid WOod. None. Nr. Ray Jones, Executive Director of the Service Authority, advised that the F.H.A. allocation was conditioned upon final action by this Board on the Ivy Area Projects prior to April 28, 1972. ~irs. Alexis EchoDs of Flordon stated that this matter has been deferred for two months now and summer is coming, and the residents in that area want water. Nr. Carwile suggested that the Board consider the entire water and sewer package on April 4, the date previously set for consideration of the Crozet Water Project Expansion. On motion by 'Mr. Thacker, seconded by Mr. Carwile, this suggestion was approved. Motion carried b~ the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, 'Wheeler and Wood. None. The County Executive advised that he had determined that emergency bill adopted by the General Assembly allows the County to pay the County Attorney any desired amount of compensation. On motion by Mr. CarWile, seconded by Mr. Thacker, it was ordered that the salary of the County Attorney be increased to $10,000 per year, effective April 1, 1972. Notion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Hanley, Thacker, %~heeler and Wood. NAYS: None. Mr. Batchelor submitted statement to the Board outlining need for additional employee in accounting department, and requested a special appropriation to cover salary and employee benefits of $1,27~.00 for the remainder of the Fiscal year. After discussion, motion was made by Mr. Wood, seconded by Mr. Thacker, suspending rules with regard to second reading and offeri~ng the following resolution: BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the sum of $1,27~.00 be and the same is hereby appropriated to cover cost of an additional employee in the Accounting Department I~om April 1, 1972 through June 30, 1972. Resolution was adopted by the following recorded vote: AIRES: Messrs. Carwile, Fisher, Henley, Thacker, ~heeler and Wood. NAYS: None. Nr. -Wheeler referred to letter dated February 16, 1972, from F. R. Lentzsch, Chairman of the Airport Commission, transmitting statement from the City Attorney with fregard to airport operations. The Chairman appointed Nr. Wood, Nr. Batchelor and Mr. Pickford as a committee to work with like City committee on this matter. Mr. Wheeler adVised that he had been approached by Sheriff George Bailey with a request that an appeal Board be formed with regard to decisions made by the Sheriff. This request was referred to the County Attorney. Mr. Humphrey reported that he had obtained prices on having additional copies of the Comprehensive Plan printed -- $15~0.00 for one hundred copies, $421.00 for each additional one hundred or $3,300.00 for'five hundred copies. It was decided that order be placed for five hundred copies. In discussion of appropriation, the County Attorney advised that suspension of rules with regard to second reading was not necessary when a majority of the Board is presen~ and voting. Accordingly, the following resolution was offered by Mr. Thacker, seconded by Mr. ~#ood, and adopted by the following recorded vote: AYES: Nessrs. Carwile, Fisher, Henley, Thacker~ Wheeler and Wood. NAYS: None. BE IT ItESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the sum of $3,300.00 be and the same is hereby appropriated to cover cost of printing five hundred copies of the Comprehensive Plan and furbher that the sum of $10.00 be charged for each Comprehensive Plan sold. The County Executive advised that item for T.V. closed circuit in the joint jail was taken out because of the cost. However, in a letter from the City Manager he had been advised that if this was wanted in the future, installation ~ be ap- proximately $90,000.00. If installed during construction, the Compensation Board will participate. Mr. Thacker s~ted that he was under the impression that the closed circuit was included in the bid. He was asked to check on this and report back. On motion by Mr. Fisher, seconded by Mr. Thacker, the meeting was adjourned until 11: 50 A.N. on March 23, 1972. Notion carried by the following recorded vote: AYES: NAYS: Nessrs. Fisher, Henley, Thacker, Wheeler and 'Wood. None. Mr. Carwile. ~hairman