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HomeMy WebLinkAbout1970-09-1728O A regular meeting of the Board of County Supervisors of Albemarle County, Virginia, was held at the Office Building of said County on the 1?th day of September, 1970. Present: ~essrs. E. N. Garnett, Joseph E. Gibson, F. E. Paulett, Gordon L. 'Wheeler and R. A. Yancey. Absent: Nr. Lloyd F. Wood, Jr. Officers presen~t: County Executive and County Attorney. The meeting opened with the Lord's Prayer led by ~r. Garnett. On motion by Nr. Paulett, seconded by Nm. Wheeler, minutes of the meeting of August 20, 1970, were unanimously approved as submitted. The Chairman recognized ~heriff W. S. Cook who retired at the end of' August for thirty-eight years of service with Albemarle County and certificate of ap- preciation was submitted to Nr. Cook by Nr. Yancey. Nr. R. 0. Anderson ~presented to each Board member report on resource inven- tories for Albemarle County as prepared by the Soil Conservation Service. Nr. R. G. Warner, Resident Highway Engineer, advised that plans on Route 660 are just about complete and should be in his office shortly. A Nr. Stokes appeared and requested the Board to recommend tar and gravel for the unpaved lower end of Route 633, a distance of been 1~ and 2 miles. 'Warner stated that this is not a budget item but he will check into the matter. Nrz. Elizabeth Rosenblum advised that Route 743 is extremely narrow and re- quested that sides be scraped and gravel put on the sides for a walkway for children ~ud for residents walking to the laundry and grocery store in the area. Nr. Warner advised that there is not sufficient right-of-way for a separate walkway. Nr. Gibson stated that the Ballard Road is gradually shrinking in width and asked if tar and gravel were possible for a wider surface. Nr. Warner stated that this could be done. The matter of entrance into ~cIntire School off the Route 2%0 By-Pass was discussed and the Board was advised that Saheriff Bailey has assigned a Deputy to this location to direct traffic in the afternoon as well as in the morning. The County Executive advised that the City had been contacted in the past and requested to provide supervision of traffic here but had not done so. He said he would be glad to contact them again. It was pointed out that the blinker light which was in operation at this location was dismantled during recent con- struction but Nr. Warner advised that he thought this was being re-installed. Nr. Gibson recommended that flashing lights be installed at all ~a01s located on heavily ~traveled roads. On motion by Nr. Gibson, seconded by Nr. Wheeler, and unanimously carried, it was ordered that this project be referred to the Highway Safety Commission for study ~nd action. 281 ~r. ~Frederic 'W. Scott, Jr. appeared on behalf of the newly formed North Garden Fire Company and requested an appropriation of $8,000.00 for capital equipment for said company. He advised that land for the building had been obtained and presented drawings of the propose& building. In discussion which folloWed it was pointed out that $1,200.00 is allowed annually for operating expenses of the various volunteer fire companies and $6,000.00 for capital expenditures, a total of $7,200.00. On motion by Nr. Wheeler, seconded by Nr. Y~ncey, and unanimously carried, the North Garden Fire Company was approved for Ik~uding. On motion by Nr. Wheeler, seconded by Nr. Yancey, rules with regard to second reading were suspended and the following resolution unanimously adopted: BE IT BESOLVED by the Board of County Supervisors of Albe- marle County, Virginia, that $7,200.00 be and the same is hereby appropriated for use by the North Garden Fire Company. At 10:00 A.M. the Chairman called for public hearing on Zoning Bequests as advertised in the Daily Progress on August 28, September 4 and September 11, 1970: (1) Nr. Garnett advised that he had been requested by ~rs. Victoria Burton to carry over until the October meeting Z~P-133. This matter was deferred for 30 days at the August meeting and since 30 days had not elapsed between these two meetings, Nrs. Burton did not know this matter was on the docket until she read a news article the day before the me,ting. On motion by Nr. 'Wheeler, seconded by Nr. Paulett, Nrs, Burton's request was granted. (2) ~9 - Application of John A. Huber to locate a permanent mobile home on 10.63 acres located on Route 615 in the Lindsay area. Nr. Huber was present in support of his application. No one appeared in opposi- tion. Nr. Humphrey advised that the staff and Planning Commission r~commended approval of ~e subject application subject to 50 Foot setback from right-of-way and Health Department approval for septic system. On motion by ~r. Wheeler, seconded by ~r. Yancey, and unanimously carried, the recommendation of the Planning Commission was accepted. (3~· ~. ~-60 - Application of Samuel B. Gentry to locate a permanent mobile home on 4.? acres located on Route 6 in the Schuyler area. Nr. Gentry was present. No one appeared in opposition. Nr. Humphrey advised that the staff and Planning Commission recommended approval subject to 50 foot setback from the right-of-way and Health Department approval for septic system. On motion by Nr. Yancey, seconded by Er. Gibson, unanimously carried, the recommendation of the Planning Co~m~ission was ~accepted. (4) ~-62 -Roy Pen~leton, Jr. application to locate a permanent mobile home on 1.68 acres located on Route 6~8 (Chimney Corner Road). Nr. Pendleton was present. No one appeared in opposition. However, Nr. ~eeler advised that he had received complaints and it was noted that the Planning Com~ mission received peZition expressing opposition. Nr. Humphrey advised that the Plauning Commission recommended denial on the basis of not being compatibles with development of adjacent property and not in keeping with the character of the immediate area.. On motion by ~r. Yancey, seconded by N~. 'Wheeler, and unanimously carried, the recommendation of the Planning Commission waS accepted,' (~) ~.-6~ - Application of Charles A. and Robert Baber to locate a general .store and public garage on 2.0 acres at intersection of Routes 626 and 802 in Howardsville. No one appeared with regard to this application. Nr. Humphrey advised that the Planning Commission recommended approval, subject to the filing of a plot plan to the Zoning Administrator to determine proper zoning requirements and that if it is found that .additional setback can be obtained, that the Zoning Adminis- trator shall establish the setback beyond the minimum 30 foot requirement. On motion by Nr. Paulett, seconded by Nr. 'Wheeler and unanimously carried, the recommendation of the Planning Comm~ ssion was accepted. (6) ~P-6~ - APplication of Andrew Woodson to locate a permanent mobile home on 1,0 acre located on Route 712 in North Garden. No one appeared with regard to this application. Er. Humphrey advised that the Planning Commission recommended approval subject to a SO-foot setback from the right-of-way and Health Department approval for septic system and that the existing dwelling now located on the property be removed from the premises on or before June 1, 1971. On motion by Nr. Yancey, seconded Py Nr. l~heeler and unanimously carried, the recommendation of the Planning Commission was accepted. (7) EP-67 - Application of Cavalier Home Sales, Inc. to locate a facility to manufacture wood modular unit dwellings on 2+acres, located on Route 29 North across from Camelot Subdivision. No one appeared with regard to this application, ~r. Humphrey advised that ~ e staff and the Planning Commission recommended approval subject to the following conditions: (a) Storm drainage facilities in keeping with the County Engineer's recommendations, (b) The facility utilizing the common entrance, and (c) That all utilities be placed in an easement paralleling Route 29 North and adjacent thereto. After discussion, motion was offered by Nr. Gibson, seconded by 'Wheeler, and unanimously adopted, accepting the~'~recommendation of the Planning Commission with the additional condition that the access road be dedicated to public use. (8) ~-66 - Application of George Cason to locate an ice skating riP~, boat renting and dance pavillion on 2.2 acres located on the south of Route 643, west of Route 29 North and immediately below the Rivanna Reservoir Dam. Nr. Cason appeared in support of his application. ,No one appear in opposition. Ns. Humphrey advised that the staff suggested approval subject to Health De- partment approval of septic system and submission of site plan. Nr. Wheeler suggested that the application be approved for one year subject to review at the end of that time. Setting a time limit as a condition was also discussed. After some discussion, mo~ion was offered by Nr. Yancey, seconded by Nr. Paulett, and unanimously carried, to refer this application to the Planning Commission for recommendation. 283 .As requested _by the Board at the August meeting, the County Attorney sub- mitred Drepared resolution with regard to American Telephone and Telegraph Company right-of-way. This resolution was adopted on motion by ~r. ~heeler, seconded by Nr. Gibson, and unanimously carried, as follows: ~S, American Telephone and Telegraph Company has requested this Board and the Virginia Department of Highways to provide for im- provement and maintenance of State Route 640 from State ttoute 231 to the facility operated by American Telephone and Telegraph Company on Peter's Mountain in the Rivanna Magisterial District of Albemarle County; and ~WHEBEAS, American Telephone and Telegraph Company has paid over to the Director of Finance of Albemarle County the sum of $16,385.26, which is the estimated cost, based upon Highway Department studies, of the acquisition of rights-of-way necessary for said improvement, and has further agreed to promptly pay any additional costs of rights-of- way which may actually be incurred; N0~, THEREFORE, BE IT RESOLVED that this Board hereby requests the Virginia Department of Highways to proceed to acquire the necemary rights-of-way and thereafter to construct the improvements to State Route 640 in accordance with said Department's engineering plans; and HE IT F~RTHER RESOLVED that this Board hereby guarantees and agrees to pay to the Virginia Department of Highways the actual cost of acquiring the necessary land and easements for construction of said improvements to State Route 640. Communication was received from Nr. George H. Gilliam submitting his resig- nation as a member of the Mental Health Services Board. On motion by ~r. Wheeler, seconded by Nr. Y~ucey, and unanimously carried, the resignation of Nr. Gilliam was accepted with regret and the Clerk was directed to write a letter of appre- ciation to Mr. Gilliam for his services. Mr. Garnett advised that he had been contacted by Mayor VanYahres with regard to vacancies on the Mental Health Services Board...The one created by the above resignation, the one which currently exists, and one that will be vacant because of a term expiring in the near future. He advised that all of these were residents of the City and three vacancies would be occurring in January from the County.. Mr. VanYahres submitted the names of Mrs. T. Earl Wood, Nfs. Churchill Jordan and Nr. James W. Grove for consideration at this time with the understanding that the County will submit suggestions for the next three vacancies. On motion by Mr. Wheeler, seconded by Nr. Gibson and unanimously approved, the appointment of Nfs. T. Earl Wood, Mrs. Churchill Jordan and Mr. James W. ~ove to the Mental Health Services Board was approved, subject to formal-approval by City Council. The matter of proposed sign ordinance was again brought before the Board. (This matter was discussed at the regular July meeting, at which time the Clerk was directed to put the matter on the September docket. ) Nr. W. A. Perkins, Jr., who was present on another matter, suggested that an early hearing be scheduled on this matter and recommended that it be set in October. Nrs. James Cash en- dorsed Nr. Perkins' recommendation. After discussion, motion was offered by ~r. 'Wheeler, seconded by Nr. Yancey and unanimously carried, setting 2:00 P.E. On November 19, 1970, as time for public hearing on proposed Sign Ordinance and it was ordered that all suggestions or recommendations from the public with regard to this ordinance be submitted to the Planning Department at ~e ast two weeks prior to this public hearing. Statements of expenses of the Department of Finance, the Sheriff's Office and the Office of the Commonwealth's Attorney were submitted for the month of August, 1970. On motion by Nfo Wheeler, seconded by Nfo Yancey, these statements were unanimously adopted. Statement of expenses incurred in the maintenance of the County Jail was submitted along with summary statement of prisoner days for the month of August, 1970. On motion by Nr. Yancey, seconded by Mr. Wheeler, these statements were unanimously approved. Claim of the Jail Physician was submitted for the month of August, 1970, in the amount of $49.00, of which two-thirds is reimbursable by the State. On motion by Nr. Yancey, seconded by Nr. Wheeler, this claim was approved for payment. Reports of the Department of Public Welfare were submitted for the month of August, 1970, in accordance ELth Sections 63-67.1 and 63167.2 of the Code of Virginia. The County Executive advised that contract was signed with VEPC0 in the 40's setting the County's rate at 2~ per kilowatt hour. He further stated that the conflict which has existed over this rate for some years could not be resolved by the State Corporation Commission and he had asked the County Attorney to review this contract. Nr. Marshall advised that the subject contract continues in force in absence of notice to terminate. He suggested that the County give notice So terminate present contract and re-negotiate. After discussion, the following resolution was offered by Mr. Gibson, seconded by ~r. Wheeler, and unanimously adopted: HE IT RESOLVED by the Board of County Supervisors of Albemarle County, ¥irginia, that T. ~. Batchelor, Jr., County EXecutive, be and he is hereby authorized to give 90-day notice to the Virginia Electric and Power Company to terminate Albemarle County's present contract for electric service; and HE IT ~GRTHER RESOLVED that the Chairman appoint a committee to 285 consist of the County Executive, the County Attorney and two members from this Board empowered to negotiate with Virginia Electric and Power Company for a new contract. The Chairman appointed Nr. Wheeler and Nr. Wood to serve on the above mentioned committee. The County Executive advised that he had been approached by the Virginia National Bank, ~onticello National Bank and National Bank and Trust Company regarding recent legislation by the General Assembly which allows the Federal Reserve Bank of Richmond to hold bonds to secure deposits of Virginia counties. He advised that the three banks -~wish to terminate present escrow agreements md use the Federal Reserve Bank as this would avoid further movement of bonds between the various escrow agent banks and save charges for special messenger services. A~ter discussion, the following resolution was offered by Nr. Gibson, seconded by Nr. Wheeler, and unanimously adopted: WHEREAS, Section 58-946.1 of the Code of Virginia was adopted by the General Assembly of Virginia at its 1970 session and became effective June 26, 1970, permitting deposits of Albemarle County funds to be secured by delivery and deposit in escrow of securities with the Federal Reserve Bank of Richmond, provided the depositories deliver to this Board powers of attorney empowering this Board to sell, transfer and deliver all or any part of such securities in such manner as it may elect for the satisfaction of any claim that may arise from a default on the part of such depositories; and ~tEREAS, Virginia National Bank, Eonticello National Bank and National Bank and Trust Company of Charlottesville, all depositories of Albemarle County funds, have requested this Board to c~h~ge from their present escrow systems to that authorized by Section ~8-9~6.1; NOW, THEREFOBE, BE IT RESOLVED that this Board hereby agrees to release Virginia National Bank, ~onticello National Bs~uk and National Bank and Trust Company, and their escrow agents, from their respective escrow agreements with this Board upon satisfactory proof to the Director of Fin~ce that the required securities have been delivered and deposited in escrow by each of said banks v~th the Federal Reserve Bank of Richmond and upon delivery to the Director of Finance of a power of attorney from each bank to this Board as required by Section ~8-9~6.1; and the Director of Finance of Albemarle County is hereby authorized to execute the necessary forms and documents required by the Federal Reserve Bank of Richmond to effect this escrow agreement. The County Executive advised that in preparation of the current budget it was decided that it was not economically Feasible to continue charging Fees for fishing, boating, etc. at County-owned lakes. However, it was pointed out that the section of the County Code which provides that fees be charged is still in force. Nr. Batchelor recommended that this section be repealed. On motion by Nr. '~neeler, seconded by Nr. Yancey, and unanimously adopted, it was ordered that 9:~0 A.N. on October l~, 1970, be set as time for public hearing on intent o~ this Board to repeal Section 14-6 of the County Code. The ~ounty Executive advised that Since preparation of the budget, the County had been designated as the bookkeeping agent for the ~ental Health Ser- vices Board which means that all expenditures will reflect in County expenditures. Although revenue will be received from the City and the State, such revenue will not show in the appropriation ledger to which expenditures are posted. He~ re- quested a special aRprop~iation in the amount of $80,03~.00 so that this will not reflect as an over-expenditure at the end of the fiscal year. On motion by Nm. Gibson, seconded by Nr. Wheeler, rules with regard to second reading were sus- pended and the following resolution unanimously adopted: BE IT RESOLVED by the Board of County S~pervisors of Albemarle County, Virginia, that $80,03~.00 be and the same is hereby appro- priated to cover expenditures for Eental Health Services Board. On recommendation of the County Attorney, the following resolution was offered by Nr. 'Wheeler, seconded by Nr. Paulett, and unanimously adopted: WHEREAS, this Board, on 0c$ober 16, 1969, resolved to acquire by purchase or condemnation the necessary easement to install a water line upon Lot 3, Block B, of Airport Acres in Albemarle County, then owned by Nfs. Alda R. Herron; and WEEREAS, Nfs. Herron has since died and her heirs have sold said lot to Aleida A. Waddell and Addison T. Waddell; and WEEREAS, agents of this Board have unsuccessfully attempted to acquire from Nr. and Mrs. Waddell by voluntary conveyance t~e afore- said easement and additional easements to install and maintain upon said lot certain pumping equipment, an electric pole and a power line to supply current to the pumping equipment; NOW, THEREFORE, BE IT RESOLVED that the necessary easements for said pine line, pumping equipment, electric pole and power line shall be acquired by this Board by exercise of the right of eminent domain, if necessary, and the Attorney for this Board is hereby directed to _prepare, file and deliver the notice required by law in order to enable the agents of this Board to enter upon said land and install the equipment described above. And the Director of Finance is directed to pay to the Clerk of the Circuit Court of Albemarle County the sum 28'7' of Ten Dollars ($10.00) in County funds, which amount is hereby estimated to be the fair value of the easements and damages re- sulting therefrom. On motion by ~r. Wheeler, seconded by Mr. Gibson, and unanimously carried, the County Executive and the County Attorney were requested to look into the ordinances regarding circuses, carnivals and all other recreation activities and recommend new provisions in order that a public hearing on same can be set at the next regular meeting of this Board. Mr. Joseph Gibson read prepared statement with regard to real estate assessments, copy of which is filed in permanent file. A number of citizens of the Ivy District appeared and expressed opposition to the current assessment being made by the Real Estate Department. Those expressing opposition were Mr. Tom ~yllie, Nr. W. A. Perkins, Mr. Grice Whitely, Mr. Mintondorf~, Mrs. Edward Rappold, Mrs. Cary Wiesseger, Mr. Albert McGhee, Nr. Evernghim Blake, Mr. C. M. Garnett, Sr., Nr. Leroy Bruton and Nr. j. R. Wingfield, Jr. The Chairman advised those present to file with the Real Estate Office an applica- tion for review by the Equalization Board if they felt their assessments were not fair. C~laims against the County amounting to $1,247,834.60 were presented, examined and allowed, and certified to the Director of Finance for payment and charged against the following funds: General Revenue Fund General Operating Fund School Operating Fund Virginia Public Assistance Fund Capital Outlay Fund Dog Tax Fund County Water Systems Mental Health Fund Commonwealth of Va. Current Credit Acct. Town of Scottsville 1% Local Sales Tax Total On motion, the meeting was adjourned. $ 1,292.72 120,405.~ 51Q,425.80 48,444.08 370,219.24 741.42 2,390.32 4,654.73 189,16~.74 9U.31 $1,247,834.60 Chairman