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HomeMy WebLinkAbout1969-12-18 A regular meeting of the Board of County Supervisors of Albemarle County, Virginia, was held at the Office Building of said County on the 18th day ~of December, 1969. Present: Nessrs. E. N. Garnett, Joseph E. Gibson, Donald Carroll, Gordon L. Wheeler, Lloyd F. Wood, Jr. and t{. A. Yancey. Absent: None. Officers present: County Executive and County Attorney~ The meeting opened with the Lord's Prayer led by Nr. Garnett. On motion by Nr. Yancey, seconded by Nr. Wheeler and unanimously carried, minutes of the meetings of November 18, November 20 and December ~3, 1969, were approved as submitted. Er. YanceY requested Nr. B. W. Coats, Assistant Resident Engineer, to see what could be done about widening the short stretch of t{oute 684 between old and new Route 250 West. Nr. Carroll asked if contracts had been let on the Howardsville Bridge and was advised by Nr. Coats that they had not. Just before adjournment of this meeting, Nr. Coats advised that his office had just received word from Nr. Blundon that bids would be advertised tomorrow for opening on January 26, completion date having been set for January 1, 1971. Er. Yan~ey inquired about the South Garden bridge acro~ss Hardware River which washed out in the flood. Nr. Coats ~d~sed that the bridge now in was a temporary structure a.ud would be replaced. In response to inquiry by Er. Wheeler, Nr. Coats advised that rights- of-way in connection with industrial access to Panarama had been obtained and sent to the Culpeper district office. Nr. Wheeler stated that he felt the t{oute 2-50 East intersection with Interstate 64 at Sleepy Hollow Trailer Court needs to be widened and guard rails installed. Er. Coats advised that this was not in the plans and he did not feel it would be needed. The County Executive reported that work is ~rogressing on the 01d I%~y t~oad and a full report will be made in January. Communication was received from the Department of Highways advising that as requested in resolution of this Board, adopted September 18, 1969, the following section of road was discontinued as a part of the Secondary System on November 20, 1969: Section ? of old location Route 678 from Station 71 +25 easterly 0.1~ mile - Length 0.1~ mile. Er. Coats was requested to remind Er. Warner of meeting v~th County Planner and County Attorney with regard to rights-of-way on Route 640. 125 The County Executive advised that the Governor ha~ declared Christmas holiday beginning at noon on Christmas Eve and ~nnning through the day after Christmas and recommended that county offices observe the same holiday. On motion by Nr. Yancey, seconded by Nr. Wheeler and unanimously carried, the recommendation of Er. Batchelor was approved. Statements of expenses of the Department of Finance, the Sheriff's Of- fice and the 0iTice of the Commonwealth's Attorney were submitted for the month of November, 1969. On motion by Nr. Yancey, seconded by Er. V~neeler, these statements were unanimously approved. Statement of expenses incurred in the maintenance of the County Jail was submitted along with summary statement of prisoner days for the month of November, 1969. On motion by Nr. Wheeler, seconded by Nr. Yancey, these statements were unanimously approved. l~eport was received from the Department of Welfare and Institutions on inspection of the County Jail. l~eports of the Department of Public Welfare were submitted for the month of November, 1969, in accordance with Sections 63~g7.1 and 63-67.2 of the Code of Virginia. S.L.H. report was received for the month of October, 1969, and was ordered filed. Claim of the University of Virginia Hospital in the amount of $1,887.40 was submitted for hospitalization of indigent patients under ELH for the month of November, 1969. On motion by Nr. Wheeler, seconded by Er. Yancey, this statement was unanimously approved for payment. Nr. Lloyd Wood, Chairman of the Albemarle County Highway Safety Commis- sion, submitted resolution adopted by that body requesting support of this Board of its six-point legislative program. After review of said program, the following resolution was offered by Nr. Wood, seconded by Nr. Carroll, and unanimously adopted: BE IT BESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that this Board does approve and support the legislative program adopted by the Albemarle County Highway Safety Commission as follows: 1. l~educe the presumptive level, for driving under the influence of alcohol from the present . 1~ percent of blood alcohol by weight to .10 percent and eliminate the impaired driving offence which now sets the presumptive level at .10. 2. Permit use of the breath test in addition to the blood test as evidence of driving while intoxicated. 3. Immediate notification of the police by drivers involved in crashes involving property damage to the apparent extent of $100 or more. i2t6 4. Require operators of moto~ cycles and passengers to wear pro- tective helmets on their heads. 5. Permit the Highway Department to regulate placement of access and exit roads to industrial and sub-division developments. 6. Permit enforcement use of electro-mechanical speed detecting devices by State and local officers in addition to radar. Communication was received from the Monticello National Bank request- ing certain changes in escrow collateral. The following resolution was offered by Mr. Wood, seconded by Mr. Wheeler, and unanimously adopted: '~AS, Monticello National Bank, Charlottesville, Virginia, Depository, has requested the release of certain securities and has advised of availability of certain other securities at United Vir- ginia Bank-State Planters, Escrow Agent, in accordance with Escrow Agreement by and between Eonticello National Bank, United Virginia Bank-State Planters, T. M. Batchelor, Jr., DireCtor of Finance of Albemarle CoUnty, and the Board of Supervisors of Albemarle Cot_tory; NOW, T~{E~, HE iT P~ESOLVED by the Board of County Super- visors of Albemarle County, Virginia, that United Virginia Bank- S~ate Planters be and is hereby authorized to release the following: $201,000.00 Portsmouth, Va. Redev. & Hous. Auth.~Notes, 3.62%, due .1~-9-70. AND BE IT ~TB~ I~ESOLVED that said bank be and is hereby requested to pledge the following: $100,000.00 FNMA participation certificates, backed by the U.S. Government, due 4-8-71. AND BE IT F~RTHER RESOLVED that copy-of this resolution be forwarded to ~onticello National Bank and to State-Planters. Communication was received from National Bank and TruSt Company re- questing substitutions of escrow collateral. The following resolution was offered by Mr. '~ood, seconded by Mr. Wheeler, and unanimously adopted: WHEREAS, National Bank and Trust Company, Charlottesville, Virginia, Depository, has requested the substitution of certain securities held by United Virginia Bank-State Planters, Escrow Agent, in accordance with Escrow Agreement by and between the National Bank and Trust Company, United Virginia Bank-State Planters, T. M. Batchelor, Jr., Director of Finance of Albemarle County, and the Board of Supervisors of Albemarle County; NOW, THEREFORE, BE IT ttESOLVED by the Board of County Super- visors of Albemarle County, Virginia, that United Virginia Bank- State Planters be and is hereby authorized to pledge the following: I27 $30,'000.00 City of ~Vaynesboro, Va~. 3% Bonds, School Improvement, due 1-1-7U. ~ND, upon the pledge and delivery of the foregoing, the said bank is hereby authorized to release the following: $25,000.00 Albemarle County, Va. School Bonds, due 1-1-70. AND BE IT F~R~ BESOLVED that copy of this resolution be forwarded to the National Bank and Trust Company and to United Virginia Bank-State Planters. Communication was received from the Bird Club of Charlottesville-Albemarle over the signature of Margaret Andrew, Secretary, requesting the Board to make a study of an ordinance requiring that dogs be restrained during the nesting and breedfiaug season of birds. After discussion of this request, motion was offered by Mr. 'Wheeler, seconded by Nr. Wood, and unanimously adopted, taking the matter under advisement to confer with the dog warden and requesting the county attorney to make a recommendation on the legal aspects of such an ordinance. Claim against the dog tax fund was received from Mr. James H. Seale for one deformed calf killed by dogs. On motion by Nr. Wheeler, seconded by Mr. Carroll and unanimously carried, Mr. Seale was allowed $35.00 for this calf. The matter of payment of dog claims was discussed and on motion by Mr, Yancey, seconded by Mr. Carroll, unanimously adopted, the Board accepted as policy a recommendation of the County Executive that this Board confer with the dog warden before altering any allowance recommended by the warden. Report of the S.P.C.A. was received for the month of Nowember and on motion by Mr. Yancey, seconded by Mr. Wood, was unanimously approved. Communication was received from Mr. Sam Crickenberger commending this Board for the manner in which the Christopher A. Greene Lake was dedicated. Communication was received from Mr. R. J. Lawton expressing appreciation on behalf of Miller School for the County's donation of a water storage tank. Communication was received from the Albemarle County Farm Bureau sub- mitting list of resolutions drawn up by the Legislative Committee of that body. On motion, duly made and seconded, the Clerk was directed to acknowledge this communication with advice that these suggested resolutions will be studied along with other legislative matters. At 10:00 A.M. the Chairman called for public hearings on zoning requests as advertised in the Daily Progress on November 28, December 5 and December 12, 1969, as follows: (1) ZMP-091 - ~pplication of George A. Cason to rezone 2.2 acres on Rt. 643 at east end of City Reservoir from Agricultural A-1 to BUsiness B-1. i2S Mr. Humphrey advised that if the County had a flood plain ordinance, no permanent facility would be permitted at this location and to extend the strip B-1 zoning which exists on Route 29 in the flood plain would not be in the best interest of the County as it relates to the health and safety and welfare aspects of zoning. He further stated that Nr. Cason, s proposed operation is permitted under the existing A-1 zone and the staff cannot recommend approval of the B-I ~which is more intense as to use. He advised that the Planning Commission recommended denial in.keeping with the staff report. The County Executive also recommended denial. Nr. Cason appeared in support of his application. No one appeared in opposition. Considerable discussion was given to this request after which motion was offered by 'Wheeler, seconded by ~r. Gibson, approving Nr. Cason's application. Nr. Wood cast the only dissenting vote to this motion. (2) E~P-092 - Application of Atalco Corporation to rezone I .3882 acres lo- cated on Inglewood Drive from B-1 Business to B-3 Residential. Nr. Humphrey reported that the B-3 category is better suited on this tract by virtue of its orientation to Inglewood Road and existing apartments in the area. He further advised that the Planning Co~m~ ssion recommended aDproval. Nr. 0rbin~Carter, Attorney, appeared in support of this application. No one appeared in opposition. On motion by Nr. Wood, seconded by Nr. Carroll, and unanimously carried, the recommendation of the Planning Commission was ac- cepted. (3~ ZNP-093 - Application of Nilton L. Bryan and Lemuel E. Powell to rezone 6.39 acres located on Route 20, South, from Agricultural A-1 to E-1 Industri al. Nr. Humphrey advised that the subject property is so located that ~-1 zone would be a logiG&l extension and would straighten the E-1 lines in the area. He advised further that the Planning Commission recommended approval. Bryan and Nr. Powell were present. No one appeared in opposition. On motion by Nr. Wood, seconded by Nr. Yancey and unanimously carried, the recommendation of the Planning Commission was accepted. (4) Z~P-095 - Application of Harley C. Easter and Ashby l~..~ Kennon to rezone 22.5 acres located on Route 675 iTom A-1 Agricultural to RS-t Residential. Nr. Humphrey advised that the t~S-1 zone would be considered compatible with existing subdivisions of land and in keeping with the trend of development in the area. He further stated that the Planning Commission recommended approval. Nr. Easter and Nr. Kennon were present. No one appeared in opposition. On motion by Nr. Yancey, seconded by Nr. Gibson, unanimously carried, the recom- mendation of the Planning Commission was accepted. (5) Z~P-096 - Application of 0-Neil l~ealty and ~ortgage Corp. to rezone I .46 acres located on Route 797 in Yancey Mills from B-1 Business to R-3 Re sidential. ~r.G~ice Whitely, Vice President of the subject corporation, appeared and requested deferral for 60 days. On motion by Mr. Gibson, seconded by Wood, and unanimously carried, the request of ~r'. Whitely was granted. (6) Z~P-097 - Application of W. I. ~awyer to rezone 0.83 acres located on l~oute 29 South near North Garden from A-1 Agricultural to R-2 Resi- dential. ~. Humphrey advised that the granting of this request would, in the opinion of the staff, provide inroads for similar development which would bring to bare undue density in-an area not presently suited for such development by virtue of lack of existing or planned utilities to~ serve it and the staff would suggest deferral for an evaluation of development ob- jectives in the area under the Comprehensive Plan. He:.,further advised that the Planning Commission recommended denial in keeping with the staff report. Mr. Mawyer appeared in support of his application. No one appeared in op- position. After discussion, in which it appeared to be the concensus of opinion that there was a need for housing units in the area such as the applicant proposes, motion was offered by Mr. Yancey, seconded by Mr. Carroll, and unanimously carried, the application of Mr. Mawyer was approved. Communication was received from Mr. George Gilliam, Chairman of the Mental Health Services Board, advising that Mr. William L. McGill h~ad sub- mitted his resignation as a member of said Board. On motion by Mr. Gibson, seconded by Mr. Wood, and unanimously carried, the resignation of Mr. McGill was accepted with regret and the Clerk was directed to write letter of appre- ciation to Mr. McGill for his services. ~. D. B. Marshall advised that he had made an extensive study of the law and had also contacted Nelson County's attorney and the Attorney General with regard to the legality of pro-rating personal property taxes as a result of flood losses and had fox,nd that the law allows for no such pro-ration. He advised that there is a provision for pro-ration of real estate taxes. On motion by Mr. Gibson, seconded by Mr. Wood, the report of the County Attorney was accepted and the Clerk was directed to so advise Mr. Robert W. Nathias whose request for pro-ration was received at the November meeting. Also, on motion by ~r. Gibson, seconded by Mr. Carroll, it was ordered that our repre- sentatives be requested to amend present legislation to include personal property along with real estate. The Board's attention was again called to the fact that the terms of William Clontz and David Wood on the Airport Commission expired on December I st. It was pointed out that ~r. Wood is not eligible for reappointment. On motion 30 by ~r. Wood, seconded by ~ir. Gibson, Mr. ~Clontz was re-appointed for a term of three years, subject to concurrence by City Council. The Chairman re- quested the Airport Committee, Mr. Wheeler and Mr. Wood, to mee~ with the City's committee in making a recommendation to the two governing bodies with regard to replacement for Mr. Wood. The Board's'attention was also again called to the terms of Dr. Avery Catlin and Mr. 'William B. Trevillian on the Planning Commission which will expire December 31 st. Mr. Gibson advised that Dr. Catlin is willing to con- tinue on the Planning Commission and he nominated Dr. Cattin for another term of four years, which nomination was seconded by Mr. ~Faeeter and unanimously approved. Mr. Wood nominated Mr. James S. Parks for a term of four years. This nomination was also unanimously approved. The Clerk was requested to write Mr. Trevitlian and express the Board's appreciation for his services. Mr. D. B. ~arshall advised that he had been approached with regard to placement of signs under the Zoning Ordinance. On motion by Mr. ~heeler, seconded by Mr. Wood, unanimously carried, the Planning Commission was re- quested to hold a public hearing regarding the temporary sign section off..the zoning ordinance and make recommendation to this Board. l~eport on audit of the County's accounts for the fiscal year ended 'June 30, 1969, along with recommendations.., was received from Hantzmon, Wiebel and Company. One item included in the recommendations was "our examination re- vealed that there is still a receivable outstanding in the amount of $1,221.~3 from the Albemarle County Service Authority. We emphasize that this amount should be collected and cleared from the County's records." The Board was advised that the loan was never intended to bear interest and the amount should be forgiven. The County Executive and County Attorney were requested to bring a proper resolution in this regard to the next regular meeting. At I :30 P.M. the Chairman called for public hearing on zoning requests as advertized in the Daily Progress on November 28, December ~ and December 12, 1969, as follows: ( 1 ) CU-11 ? - Application of W. ~. Collins to add 6 additional space~ for mobile homes with the ~ now existing on 14.11 acres located on Route 706, south of l~oute63 1- No one was present with regard to this application. Mr. Humphrey advised that the Planning Commission recommended approval subje~ct to a central water supply serving the park and subject to Health Department approval for sanitary facilities. On motion of Mr. Wood, seconded by Mr. Yancey~ the recommendation of the P~anning Commission was accepted. 131 (2) 12--18 -- Application of Edgar E. ~elton to place a permanent mobile home on 3 acres located on Route 640 near Gilbert's Station. Nr. ~elton was present. No one appeared in opposition. Nr. Humphrey advised that the Planning Commission recommended approval of this application subject to the zoning requirements and Health Department approval of sanitary facili- ties. On motion by Nr. Wood, seconded by Nr. Yancey, unanimously carried, the recommendation of the Planning Commission was accepted. (3) HP-19 - Application of James l~. Agee to place a p~ermanent mobile home on 11.91 acres located on the east side of l~oute71 5' Nfs. Agee was present. No one appeared in opposition. Nr. Humphrey pointed out that the mobile home was located on the subject property prior to applying .for this application and that Neff Trailer Sales had not advised the Agees of procedures required by the Zoning Ordinance. He stated further that the Plan- ning COmmission is following through on this matter. The Planning Commission recommended approva~ of the application subject to Health Department approval of sanitary facilities. On motion by Nr. Wood, seconded by Nr. Yancey and unanimously carried, the recommendation of the Planning Commission was ac- cepted. (4) E~-20 - Application of ~artha Yates to place a permanent mobile home on 0.8 acre located on private road off of l~oute 616. Niss Yates was present. No one appeared in opposition. Nr. Humphrey advised that the Planning Commission recon~ended approval subject to normal zoning requirements and approval by the Health Department of sanitary facilities. On motion by Nr. Wood, seconded by Nr. Wheeler, unanimously carried, the recom- mendation of the Planning Commission was accepted. (5) ~P-21 - Application of Welford L. Shifflett to place a permanent mobile home on 11.5 acres located on Route 789. Nr. Shifflett was present. No one appeared in opposition. Nr. Humphrey ad- vised that the Planning Commission recommended approval subject to the mobile home being located behind ridge and out of view~.~of neighbors and subject to Health Department approval of sanitary facilities. On motion by Nr. Gibson, seconded by }~r. Wood, unanimously, carried, the recommendation of the Planning Commission was accepted. (6) ~P-22 - Application of Viola V. White to place a permanent mobile home on 3.25 acres located on Route 758. No one appeared regarding this application. Nr. Humphrey advised that the Planning Commission recommended approval subject to normal zoning requirements and approval by the Health Department for sanitary facilities. On motion by Nr. Gibson, seconded by Nr. Wood and unanimously carried, the recommendation of the Planning Commission was accepted. Claims against the County amounting to $1,587,346.86 were presented, exam~'~ed and allowed, and certified to the Director of Finance for payment and charged against the following funds: General l{evenue ~nd General Operating Fund School Operating ~=und Cafeterias Textbooks Virginia Public Assistance Fund Capital Outlay Crozet Sanitary District ~and Dog Tax ~tuud County 'Water Systems Town of Scottsville 1~ Local Sales Tax Commonwealth of Fa. Current Credit Account Total 77,1 3.15 1,159,904.99 12,063.21 886.03 12~: 958 79 711.oo 1,104.97 9o.45 112,507.12 $1,587,346.86 On motion, the meeting was adjourned. Chairman