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HomeMy WebLinkAbout1970-10-152.88' A regular meeting of the Board oI~ County Supervisors of Albemarle County, Virginia, was held at the Office Building of said County on the 1 5th day o~ October, 1970. Present: Nessrs. E. N. Garnett, Joseph E. Gibson, F. E. Paulett, Gordon L. 'Wheeler, Lloyd F. 'Wood, Jr. and R. A. Yancey. Absent: None. Officers present: County Executive and County Attorney. The meeting opened with the Lord's Prayer led by Mr. Garnett. On motion by Mr. Paulett, seconded by Mr. 'Wheeler, minutes of the meeting of September ~.7, 1970, were unanimously approved as submitted. Request was received from Mr. Jack Kegley, Attorney, to again defer action on proposal to abandon a section of the 01d LYnchburg Road. On motion by Mr. Yancey, seconded by Mr. Gibson, and uns~_mou~ly carried, the Clerk was instructed to advise the attorneys involved that this matter will be taken off the docket if not settled at the November meeting. Mr. Gibson read prepared statement with regard to real estate assessments, copy of which is filed with permanent records of this Board, after which he offered the following resolution which was seconded by Mr. Wood and unanimously adopted: BE IT BESOLVED by the Board of Supervisors of Albemarle County, Virginia, as follows: 1. That all real estate in Albema~le County shall continue to be assessed annually for purposes of taxation by the Director of Finance as of January first of each year, and that all taxes for each. year on such real estate shall be extended on the basis of the last assessment made. prior to such year. 2. That, in keeping with paragraph 1 of this resolution, all real estate in Albemarle County, including that which was appraised by the County Real Estate Department during 1970, will be assessed for 1970 taxes at the same value at which it was assessed for 1969, subject only to the addition, wherever applicable, of additional assessments for improvements added during 1970 in the manner provided by law. 3. That the new appraised values assigned by the County l~eal Estate Department as a result of its appraisals during 1970 shall be on the basis for assessments for 1971 taxes on the real estate so appraised, subject to adjustments hereto~fore or hereafter made by the Cottuty Real Estate Department Or made by the County Board of 'Equalization in office during 1971, and to additions for new improvements added during 1971. 4. That the Director of Finance shall study and report to this Board 289 in detail concerning the standamds and practices employed by the County Beal Estate Department in appraising the real estate which was appraised by that Department for assessment purposes during 1969 mud 1970. 5. That the County l~eal Estate Department, under the supervision of the Director of Finance, shall continue to appraise as much of the real estate in Albemarle County during each year as possible so as to complete the reappraisal of all of the County real estate at the earliest possible time and in no event later than December 31, 1973. 6. That no real estate in Albemarle County will be reassessed a secondl time, except for addition of new improvements, until after all of the real estate in the County has been reassessed one time. 7. That procedures will be instituted as soon as practicable after January 1, 1971, to voluntarily refund taxes which may have been erroneously collected by virtue of assessments for 1969 based upon appraisals made during that year. 8. That the D~rector of Finance and the personnel of the County l~eal Estate Department are hereby directed to take such action as may be necessary or advisable to implement this resolution, including . penditures of County funds, subject to approval by this Bo~d, for professional consulting services to assist in the study of appraisal standards and ~roc~dures authorized in paragraph 4 hereof and employ- ment of additional personnel if necessary to implement this resolution. 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 September, 1970. On motion by ~. Wheeler, seconded by ~r. Yancey, these state- ments 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 Septem- ber, 1970. On motion by Nr. Gibson, seconded by Nr..Wheeler, these statements were unanimously approved. l~eport on inspection of the County Jail was received from the Department of Welfare and Institutions, Claim of the Jail Physician was submitted for the month of September, 1970, in the amount of $14.00, of which two-thirds is reimbursable by the State. 0n~ motion by Nr. Paulett, seconded by ~r. Yancey, this claim was approved for pay- ment. Beports of the Department of Public Welfare were submitted for the month of September, 1970, in accordance with Sections 63-67.1 and 63-67.2 of the Code ? 2'90: of Virginia. In discussion of these report~ Mr. Yancey stated that he would like more information on the Food Stamp Program. Mr. Wheeler asked that Mr. Ritchie be requested to appear before the Board at the November meeting to discuss this program and answer questions concerning the welfare program. Claim in the amotuut of $1,900.38 was received from the Univer2i~y of Virginia Hospital for hospitalization of indigent patients under S.L.H. On motion by Mr. Yancey, seconded by Mr. '~Yood, this claim was approved for pay- ment. The following resolution as prepared by the County Attorney was offered by Mr. Wood, seconded by Mr. Yancey, and unanimously adopted: A RESOLUTION SIGNIFYING THE INTENTION OF THE BOARD OF SUPERVISORS OF AI2tEMABT.F, COUNTY,_ VIRGINIA, TO ~PECIFY ADDITIONAL PROJECTS TO BE UNDERTAKEN BY THE ~ COIINTY SERVICE AUTHORITY INCLUDING THE ACQUIRING, FIN~CING, CON$~ERUCTING, OPERATING AND MAINTAINING ONE 0R MOP~E "WATER SYSTEMS AND ONE OR MORE SE~ERAGE SYSTEMS, OR ANY COMBINATION THEREOF, AND FOR THE PL~P0~ OF EXERCISING THE P0]gERS CONFERRED BY THE VIRGINIA WATER AND ~ER AUTHORITIES ACT AND AMEND~E, NTS THERETO. BE IT RESOLVED by the Board of County SuDervisors of Albemarle County, Virginia, as follows: mS,,orion I: That it is the intention of this Board, having created, pursuant to the Virginia Water and Sewer Authorities Act (Chapter 28 of Title 1~.1 of the Code of Virginia of 19~0) as amended, the Albemarle County Service Authority, to designate the following water and sewer projects to M undertaken by the Authority, which are set forth in more detail in the report of John McNair and Associates, dated March 19, t969, entitled "Engineering Report, North Rivanna River ~ater Facilities for Albemarle County Service Authority". Project ,To acquire, construct, maintain and operate water and sewerage systems in an area within Albemarle County north and west of the City of Charlottesville on bOth sides of U.S. Route 29, s~ud being the area shown on a plat entitled "P~oposed Water Transmission Main Along U.S. Route 29, Albemarle County, Virginia, Plate ~" prepared by John McNair and Associates, Consulting Engineers, which is attached to this reso- lution as a part hereof and which is part oF said engineering report. The estimated cost of this project is $1,766,000.00. Section_ 2: No other authority has been created under the provisions of said Act serving the whole or part of the same area, and none of the powers granted by said Ac~t shall be exercised by the Authority in the construction, maintenance, extension or operation of any project or projects which in whole or in part shall dupl.icate or compete with existing utilities, public or private, serving substantially the same purposes and area. Section .~: A public hearing v~ll be held on this resolution at 7:30 P.~., October 28, ~1970, in the Board Room at the Albemarle County Office Building, Charlottesville, Virginia, at which time those citizens affected can be present and make their views known. ~Section 4: The Clerk of this Board is hereby directed to cause a notice of the public hearing, together with a copy of this resolution, to be published once in the Daily Progress, a newspaper of general circulation in Albemarle County, Virginia, at least ten (10) days prior to the date fixed for the hearing. At 9:~0 A.N. the Chairman called for public hearing on proposal to repeal section of the County Code requiring fees for fishing, boating and camping, as advertised in the Daily Progres~s on October ~ and 8, 1970. No one from the public appeared in this regard. On motion by Nr. Wood, seconded by Nr. 'Wheeler, the following resolution was unanimously adopted: ~E IT 01~DAINED by the Board of County Supervisors of Albemarle County, Virginia, that Chapter 14 of the Albemarle County Code, en- titled "Parks and Recreation", be and the same is hereby amended by the repeal of Section 14-6 entitled "Permits". At 10:00 A.N. the meeting was adjourned to the County Court Room for public hearing on Z~P-138, application of 0. J. Langford, l~obert F. Howard, Gladys Howard, Owners; and General Electric Company, contract purchasers, to rezone from A-1 Agricultural to ~-1 Industrial, Limited, 220.74 acres located in the northwest quadrant of Interstate 64 interchange with Route 637, as advertised in the Daily Progress on September 25, October 2 and October 9, 1970. (For pur- poses of record, it is noted that this entire hearing was taped and. such tape is on permanent file in the office of the County Planner. ) Nr. John Humphrey g~ve extensive report on staff and consultant's study and recommendations and re- ported that the Planning Commission recommended approval of this application by a four to three vote. Nr. William Battle, attorney, spoke on behalf of Gene~ Electric; Nr. J. Harry ~chael, attorney, spoke on behalf of citizens in the Ivy area who were opposed. Communications and resolutions were received in support of the application from the Economic and Industrial Commission, the Chamber of Commerce, the Legislative Committee of the Albemarle Farm Bureau, seven employees of the General Electric operation currently located here, and Nr. E. S. ~cVey. Petitions circulated-~ by the Chamber of Commerce were also su~mnitted. Speaking in favor of the application were Furman Clyde of the Chamber of Commerce, Louie Scribner of the Industrial Commission, Nr. Jack Camblos and Nr. J. S. Wise. Those speaking in opposition were Nfs. Nan B. ~ott, Nfs. Elizabeth Rosenblum, Nr. ~etcaho, Nfs. Joyce Colony, Nfs. Jane He~ard, Nfs. F. Bradley Peyton III, Nfs. Churchill, Nr. Floyd Johnson, Nr. Bill ~oore, Nfs. Elizabeth Peters, Nfs. Elliwood Baxter, 292 Nrs. James Ewald, Jr. and Nr. Linns. "Following public hearing and discussion, motion was offered by ~tr. Vgood, seconded by Nr. Yancey, and unanimously carried by recorded vote, to accept the recommendation of the Planning Commission to rezone the subject property from ~-1 to N-1 with intent to create RTN zone by amending the Zoning Ordinance. On motion by Nr. Gibson, seconded bY Er. Wheeler, the following resolution was unanimously adopted: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, as follows: 1. That it is the intention of this Board to amend the Albemarle County Zoning Ordinance so as to provide a new district or districts within Albemarle County in which permitted uses will be facilities designed and used for:'~scientific and technical research, product development and manufacture, of the type specified and described in the proposal for the "R-TN District" prepared by Nr. John L. Humphrey, County Planner. 2. That it is also the intention of this Board, if the aforesaid amend- ment to the Albemarle County Zoning Ordinance is adopted, to amend the ~lbemarle County Zoning Nap so as to re-classify the 220-acre tract of land situated at the Ivy Interchange of Interstate Route 64 with State Route 637 in Albemarle County, upon which General Electric Company holds a purchase option from the N-1 (~anufacturing) classification .to the classification permitted by the proposed amendment described in paragraph 1 of this resolution. 3. That the County Planner is hereby directed to prepare the necessary ordinances to amend the Albemarle County Zoning Ordinance and Zoning Nap as proposed in paragraphs 1 and 2, and to publish notices of public hearings as provided by Virginia Code Section 1~.1-431 to be held ~hereon by this Board at 10:00 A.M. on November 19, 1970, at the Board Boom in the County Office Building. 4. That the proposed amendments described in paragraphs 1 and 2 hereof and the ordinances to be prepared by the County Planner are hereby referred to the Albemarle County Planning Commission for its recommen- dations, and it is hereby requested to hold a public hearing thereon, pursuant to public notice as required by Virginia Code Section 1~.1-431, and to report its recommendations to this Board at or before the public hearing to be held by t~s Board on November 19, 1970. The Chairman called for public hearing on the following zoning requests as advertised in the Daily Progress on September 25 ~and October 2 and 9, 1970: ( 1 ) ~P-66 - Geerge Cason. Deferred from September 17, 1970, meetinE for recom- mendation from Planning Com~ssion. 293 Communication was received from the Planning Commission advising that the Com- mission found itself unable to discuss the proposal intelligently and make appropriate recommendations in view of the unavailability of a site plan, which is required by the zoning ordinance, and the lack of information reEard- ing the facility. ~Lr. Cason was present and advised that he did not wish to spend a great deal of money on his proposed project until he was assured of obtaining the required special permit. Mr. Wood con~ented that the Highway Safety Commission had found the section of Route 29 North where the applicant's facility would be located to be the second most~ accident prone location in the County and this should be taken into consideration. After discussion, motion was offered by Nr. Paulett, seconded by tL~,. Gibson, and unanim.~ously carried, requesting that Mr. Cason work with Nr. Humphrey i~ submitting details of his proposed project in order that this can be submitted to the Planning Commis- sion for recommendation to this Board at its November meeting. (2) ZNP-137 - 'ApPlication of Forrest A. and Raymond B. Phillips for.~.~permission to rezone from B-1 Business to 1[-1 Industrial, Limited District, i.22 acres located on Route 631, just west of Route 29 North. Nr. Phillips was present in support of the application; no one appeared in opposition. Nr. Humphrey advised that the staff and the Planning Commission recommended approval of the subject application. On m~tion by Mr. Paulett, seconded by Mr. 'Wheeler, unanimously adopted, the recommendation of the Plan- ning Commission was accepted. (3) ZEP-139 - Request of Margaret Garms to rezone from RS-1 Residential to R-2 Residential 1.5 acres located just north of Route 1204 in Crozet area. Nr. John Fischbeck appeared as representative for Mrs. Garms; no one appeared in opposition. Nr. Humphrey reported that the staff and the Planning Commis- sion recommended denial of this petition since R-2 zoning would not be com- patible with the existing development and it would not be in the best interest to permit 12,500 square foot lot development or duplexes as it relates to public welfare. On motion by Nr. Wheeler, seconded by Nr. Gibson, unanimously carried, the recommendation of the Planning Commission was accepted. (4) ZNP-141 - Application of Elkcar, Incorporated to rezone 4.352 acres located on Route 631, from RW3 Residential to 1[-1 Industrial. Nr. Humphrey advised that the Plar~ning Commission recommended approval 'but noted need of screening from adjoining property in approval of site plan. Nr. Stuart Carwile appeared on behalf of the petitioner and advised that the owner of this property was not aware of the existing R-3 since the adjoining property which he owns, on ~.which the Grassy Knoll Hatchery is located, is zoned 1[-1. Mr. Fred Landes appeared on behalf of Dr. Smith, whose property also adjoins the subject property, and advised that Dr. Smith was concerned since he did not wish the usability of his land as residential to be distnrbed. After discussion, motion 294 was made by ~r. Gibson, seconded by Mr. Yancey, and unanimously approved by those members voting, accepting the recommendation of the Planning Commission with note of control of screening in approval of the site plan. Mr. Lloyd did not participate in the discussion o£ this application and did not vote on same since he has an interest in adjoining property. (~) '.~:-67 - Application of George Fisher for Special Permit to locate a per- manent mobile home on 77.6 acres located off of Boute 29 South in the Covesville area. Mr. Jerome Ix appeared on behalf of the applicant; no one appeared in opposi- tion. Mr. Humphrey reported that the Planning Commission recommended approval of this application conditioned upon a ~0 foot minimum setback from the right- of-way of t~oute 7~3, Health Department approval for septic system, and that this permit be considered temporary in nature to be reviewed annually by the Zoning Administrator and approved administratively each year thereafter. On motion by Mr. Wood, seconded by Mr. Gibson, unanimously carried, the recommen- dation of the Planning Commission was accepted. (6) 2P-68 - Application of James C. Weeks for a Special Permit to locate a permanent mobile home, being previously a temporary mobile home, on 2.0 acres fronting on Boute ~. Mr. 'Weeks appeared with his wife and his wife's parents in support of this ap- plication; Mr. Joe Gee appaared in opposition representing seventeen other persons who signed petition which was submitted to the Planning Commission. Mr. Humphrey advised that the Plar~uing Commission recommended denial on the basis that a permanent mobile home would not be in keeping with the existing development in the area and that the applicant be granted an extension of six months from the time of approval.":by this Board. The applicant can start construction of a permanent standard dwelling within this si~rmonth period; however, if said construction does not conmnence, then the mobile home is to be removed on or before the terminatioln date of the six months. Nfs. Weeks advised that construction had been started on addition to the mobile home. After considerable discussion, motion was offered by Mr. Gibson, seconded by Mr. Wheeler, and unanimously carried, deferring action on this application until Mr. and Mrs. Weeks sul~nit drawing of their proposed construction to the County Planner. (7) S~-69 - Application of James E. Moore for a SDecial Permit to locate a permanent mobile home on 91.2~ acres on l~oute 20 South. Er. Moore appeared in smpport of his application; no one appeared in opposi- tion. Er. Humphrey reported that the Planning Commission recommended approval subject to annual review with administrative approval annually. On motion by Er. Paulett, seconded by Mr. V~ood, unanimously carried, the recommendation of the Planning Commission was accepted. 295 (8) 9-70 - Application of Horace Garth for Special Permit to locate a two- family dwelling on 9.421 acres fronting on Route 6~8, west of Route 601. Nr. Garth appeared in support of his application; no one appeared in opposi- tion. Ar. Humphrey reported that the Planning Commission recommended approval subject to Health Department approval for septic system. On motion by Gibson, seconded by Ar. Wood, and unanimously carried, the recommendation of the Planning Commission was accepted~ (9) ~-71 - Application of Cecil W. Gribble for a Special permit to locate a mobile home, which is to be joined to an existing mobile home to Form one unit, on property containing 5.0 acres and located on Route 618. Nr. Gribble was present; no one appeared in opposition. Ar. Humphrey reported that the Planning Commission recommended approval subject to the two units being attached with adjoining door and enclosed by an overhead roof providing the family under which this permit is requested resides within the joint unit. This permit is to be considered a temporary permit and is to be reviewed an- nually by the Zoning Administrator for compliance with conditions. On motion by Ar. Paulett, seconded by Ar. Gibson, unanimously carried, the recommendation of the Planning Commission was accepted. (10) Use Permit 70-~03 - Application of the Tandem School to amend the Permitted Use section of the 'Zoning Ordinance to allow "educational institutions" in a B-1 Business zone. Ar. Henderson Heyward appeared in support of the application; no one appeared in opposition. Er. Humphrey reported that the Planning Commission recommended that this Use Permit be approved in keeping with suggestion of the Planning staff that the "educatiOnal institutions" be allowed within the B-1 zone with a Special Permit. On motion b~y Ar. Wheeler, seconded by Nr. Paulett, unanimously carried, the recommendation of the Planning Commission was accepted. (11) The-Board was again requested to defer action on ZAP-133, application of Victoria H. Burton. On motion by Ar. Yancey, seconded by Ar. "Wheeler, this matter was deferred until November 19, 1970. Nr. Downing L. Smith, Commonwealth's Attorney, advised that he had written for an opinion of the Attorney General regarding residency requirements for deputy sheriffs and had been advised that all such employees are required to be a resident of the County for a period of six months prior to appointment. He explained that four deputies appointed as of September 1 did not meet this. requirement and he had hoped that the Section of the Code which allows excep- tions on residence where, technical training and skills are required might be applicable. However, since the Attorney General ruled otherwise, he had recommended to Judge Waddell that the four persons involved be appointed as special police until the end of the residence requirement. He further advised that Judge Waddell had complied with this request earlier on this date. Sheriff George Bailey appeared and requested that the Board appropriate $~,800.00 to cover that portion of salary of these special police which~would not be paid by the Compensation Board. On motion by Nr. Wood, seconded by Nr. Wheeler, rules with regard to second reading were suspended and the following resolution adopted with Nr. Yancey casting the only negative vote: BE IT RES0~EED by the Board of County Supervisors of Albe- marle County, Virginia, that $5,800.00 be and the same is hereby appropriated to cover that portion of the salary of four special police which will not be reimbursed by the State Compensation Board until such time as these employees can be appointed as deputy sheriffs. Mr. Keene Byrd appeared and submitted annual report on operation of the Youth Employment Se~¢ice. The Board was advised that it is now time to plan the summer program and it is felt that Charlottesville and Albemarle County are prime candidates for Federal and State financial assistance. Mr. Byrd requested that the governing bodies back this program or appoint a committee to study same and make recommendation. He stated that the City had appointed such a committee. A communication was received from Mrs. Xarepha A. Prillaman of ~helling and Snelling Employment Service advising that she is stro~y opposed to this being a federa~ funded, federally dictated program. On motion by Mr. Wood, seconded by Mr. Wheeler, the Chairman was requested to appoint a committee to study the Y.E.S. request. The Chairman appointed Mr. '~neeler and Nr. Wood to serve on this com- mittee. Communication was received from ~r. Oharles S. Hooper, Jr., President of the Virginia Association of Counties, explaining in detail the financial position of the Association and enclosing resolution which is to be proposed at the annual meeting to be held November 8-10, 1970, which would increase annual membership dues of a county from two cents per capita to three cents per capita. On motion by Mr. Gibson, seconded by Er. ~ood, and unanimously carried, the Chairman, or a delegate designated by him, was authorized to vote for this Board on such proposed re so lution. Claim against the Dog Tax Fund was received from Mr. 01lie B. Dean for tv~ ewes killed by dogs~ On motion by Nr.. Yancey, seconded by Mr. Wood, Nr. Dean was allowed $18.00 for each of these ewes. Claim against the Dog Tax Fund was received from Nfs. Catherine Ward for three ducks killed by dogs. On motion by Mr. Gibson, seconded ~y Er. '~ood, Mrs. Ward was allowed $1 .~0 for each of these ducks. The County Executive advised that it is estimated that $27,000.00 will be needed to complete present expansion of airport facilities and a temporaz~y advance from the City and County was needed until final reimbursement from F.A.A. is re- ceived. Also, an advance of $4,000.00 is needed in the operating account to cover 297 increased insurance premiums until rent is received to date ~rom Horizon Aviation. He stated that only one-half of these amounts need be appropriated by the Co-muty and that these amounts would be paid back to the governing bodies as soon as funds are received in the respective accounts. On motion by Mt.Wood, 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 Albemarle County, Virginia, that $13,~00.00 be and the same is hereby appro- priated to the Airport Capital Account and $2,000.00 be and the same is hereby appropriated to the Airport Operating Account, both of these amounts to be repaid to the general fund of the County as soon as po ssible. The County Executive ganizations for appointmer man named the following t¢ Nicoll, Mr. William L. Rem James E. Craig, Mr. Wayne Mr. Paulett stated tb with regard to the locatio to correct what~, he belier action was taken on this m On motion, the meetly. ~ubmitted list of names suggested by various civic or- ;s to a landfill site selection committee. The Chair- this committee: Dr. James C. Andrews, Dr. E. D. Vere zolds, Nr. Harold A. Payne, Mr. Frank Robinson, Mr. 3ullivan, Mr. William itidob, and Mr. William C. 'Smith. ~t he was not on this Board when the decision was made z of the Community College and he would like very much ed to be a mistake in the location of said College. No after. g was adjourned until 7:30 P.M. on October 28, 1970. 'Chairman