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HomeMy WebLinkAbout1971-11-18464 A regular meeting of the Board of County Supervisors of Albemarle County, Virginia, was held at the County Office Building of said County on the 18th day of November, 1971o - ..... Present: Messrs. E. N. Garnett, Joseph E. Gibson, F. E. 'Paulett, Gordon L~ Wheeler, Lloyd Fi Wood, Jr. and R. A. Yancey. ' ~ ' Absent: None. Officers present: County Executive and Cobn~ty Attorney. The meeting opened with the Lord's Prayer led by N~. Garnett. On motion by Nr. Paulett, seconded by Nr. Wheeler, minutes of the meeting of October 21, 1971, were approved with the following correction: page 462, paragraph 2, line 4, Qo~.t o.f..cQnstruction changed to read C0s. t of .site acquisi- tion and _site DreDaration. Motion carried by the following recorded vote: AYES: Nessrs. Garnett, GibSOn, Paulett, Wheeler, Wood and Yancey. NAYS: None. Nr. ~Warner, Resident Engineer, acknowledged receipt of resolution adOpted at the October meeting which requested the State Highway Department take necessary~ steps to see that a new traffic safety study is made on Route 29 North in the area of Stromber~-Carlson and Sperry Piedmont industrial plants and that Route 250 ~West be remarked at the entrance to West Leigh Subdivision. Nr. -Warner advised that the remarking of Route 2~0 West was schedUled for November 19 and he expects-the traffic safety study to begin next week. Communication was received from Nr. James H. 'Williams requesting that certain roads in Jefferson ¥illage 'Subdivision be accepted into the Secondary System. In discussion which followed, the Board's attention was called to the fact that ~r. ~Villiams had not complied with all requirements in connection with previous re- quest for acceptance of certain other roads in his subdivision. However, it ~was stated that all the roads in question had been constructed to State standards and the requirements to be met consisted of paper work and possibly posting of bonds. On motion by Nr. Wood, seconded by Nr. Yancey, the following resolution was adopted by the following recorded vote: AYES: Messrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey. NAYS: None. BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the Virginia Department of Highways be and is hereby requested to accept into the Secondary System of Highways, subject to final inspection and approval by the Resident Highway De- partment, the following roads in Jefferson Village Subdivision: Colonial Drive - tha~ portion not covered by previous resol.ution, beginning at intersection with Tompkins Drive, length - 1, ~00 feet. 465 'Washington Conrt; length - 250 feet. Monroe Conrt; length - 200 feet. Madison Court; length - 20,0 feet. BE IT FL~THER ~LV'~. that the ¥irginia Department of Highways be and_is hereby guaranteed a ~0 ft. unobstruct~ed right-of-way and drainage easements along hhis requested, addition as recorded by plats in the Office of the Clerk of the Circuit. of Albemarle Connty in Deed Book ~7, page 9 and Deed Book 4~6, page ~38. Communi.cation was received, from the State Highway Department giving notice of public hearing scheduled for 7:30 p.m. on December 7 at the Murray Elementary School on Project 0637-002-138, C-~01 -- Route 637. Nr. James T. Bingler, President of the Lions Club, appeared and presented to the Board check in the amount of $6,000.00 as partial payment for construc- tion of the shelter at Chris Greene Lake. Mrs.-Anne Goodrich Raynor appeared on behalf of the Community Coordinated Child Care ($-C) Council,. again requesting endorsement by this Board in order that said Council might receive Federal recognition. Mrs. Raynor explained that there is a definite need in the County for child care centers and it is their purpose and i~Gnction to provide .resource information and assistance in co- ordinating existing and proposed centers. Nr. ~heeler questioned the funding of the 4-C Council and was told that initially all funds would come from private sources. Nfs. Raynor stated that after they prove themselves, they would hope for broader support. She explained that they hope for Federal recognition in order that they could obtain this area, s share of Federal Funds should they be- come available at a later date. After discussion of the program, motion was made by Mr. ~heeler, seconded by Nr. Yancey, asking Mrs. Raynor to request a Federal representative to appear before the Board at its next meeting if pos- sible, in order that this Board might have additional information from that level before making a decision. This motion carried by the following vote: AYES: Messrs. Garnett, Gibson, Paulett, ~heeler, Wood and Yancey. NAYS: None. At 10:00 a.m. the Chairman called for public hearing on Zoning Requests as ad- vertised in the Daily Progress on November ~ and 12, 1971, as follows: (1) Z~P-182 - Application of A. E. Cutright to rezone approximately 27,~00 sq. ft. from A-,1 to B-1 and 39,000 sq. ft. from A-1 to R-2. Property located on Route 708 at intersection with Route 29. (Deferred from 10-21-71 .) Mr. Humphrey advised that the Planning Commission recommended denial of this request. Mr. Yancey reported that_ since the last meeting he had viewed the site and felt the land is well situZted for the purpose requested and would recommend that the petition be granted. Mr. Gerald Fisher stated that he had -talked with the landowner directly behind this property and felt rezoning of this tract would be a mistake. After further disc~ssion by the Board, $otion was offered by Nr. Gibson, seconded by Nr. Wheeler, to deny the request. Motion carried by the following recorded vote: ~YES: Messrs. Garnett, Gibson, Paulett, Wheeler and Wood. NAYS: Nr. Yancey. (2) Z~P-188 - Application of Northwest Limited Partnership to rezone 1~.9 acres from R-1 to R-3 and 14.6 acres from R-2 to B-1. PrOperty located on the north side of Route ?43 approximately .4 mile west of the intersection with Route 29. Mr. Humphrey advised that the Planning Commission recommended denial of this ap- plication. Nr. George McCallum, Attorney, spoke in behalf of the applicants. Mr. Heishman, one of the owners, was present but did not speak. Speaking in op- position were Nr. John Lowe, Attorney representing landowners on Hydraulic Road, ~r. 0 Logan and Nr. A. L. Scott, both home owners in the area. Mrs. Elizabeth Rosenblum also spoke in opposition. After a very lengthy discussion, motion was offered by Mr. 'Wood to deny the application. This motion received no second, Nr. Gibson stated that unless the Board wished to declare a moratorium on appli- cations in this area, he would hesitate to continue denying applicants the right to make the best use of their property. Motion was offered by Mr. ~Wheeler, seconded by Nr. Gibson, to continue this request until the December meeting in order that the Board might give additional thought to establishing a policy for the area in question. This motion carried by the following recorded vote: AYES: Messrs. Garnett, Gibson, Paulett, ~heeler, ~ood and Yancey. NAYS: None. (3) Z~P-189 - Application of Dr. Charles 'W. Hurt to rezone 180 acres from A-1 to RS-1. Property is located on the east and west sides of Route ?84, north of Stony Point. Mr. Wheeler requested that the minutes show that he did not participate in action on this request due to conflict of interest. ~r. Humphrey reported that the Planning Commission recommended denial of the application. Dr. Hurt appeared in support of his application as did Mr. Max Evans, landscape architect. Nr. Robert Flemming and Nr. Alfred 0rland appeared in opposition. After consider~g all facts brought before this meeting, some of which were not available at the time of the Planning Commission meeting, motion was offered by Mr. Gibson, seconded by Mr. Y~ucey, approving the application. This motion carried by the following recorded vote: AYES: Messrs. Garnett, Gibson, Paulett, Wood and Yancey. NAYS: None. NOT VOTING: Mr. ~heeler. (4) SP-1~7 - Application of James H. Nay for special permit to locate a mobile home park on 10 acres located on the west side of Route 63~, .4 mile south of Route 636 south of Batesville. Nr. Humphrey reported that the Planning Commission recommended approval sub- ject to 150 ft. setback from the edge of Ro~ute 6~5 ~d Health_Department ap- proval of septic system and a public water supply for twelve mobile homes; and dust proof access road maintained in a dust proof condition. ~r. and Nfs. Nay were present in support of their application. A ~r. Campbell appeared in op- position. On $otion by Nr. Yancey, seconded by Nr. ~heeler, the recommendation of the Planning Commission was accepted. ~otion carried by the following recorded voDe: AYES: ~essrs. Garnett, Gibson, Paul~tt, Wheeler, ~ood and Yancey. NAYS: None. (5) ~-1¢3 - Application of George ~urdock for special permit to locate a mobile home on 7.49 acres located on Route 615, four-tenths of a mile south of its intersection with Route 6~9. Nr. Humphrey reported that the Planning Commission recommended approval subject to 100 ft. setback from Bout~e 61 5 and Health Department approval of a septic system. Nr. ~urdock was present in support of his application. No one appeared in opposition. On motion by ~r. Gibson, seconded by Nr. Ys~ucey, the recommenda- tion of the Planning Commission was accepted by the following recorded vote: AYES: ~essrs. Garnett, Gibson, Paulett, -~eeler, ~ood and Yancey. NAYS: None. (6) ~'-144 - Application of Edward L. Brown for special permit to locate a mobile home on 2.5 acres located on the east side of Route 74~ in the Charlottesville-Albemarle Airport area. ~r. Humphrey reported that the Planning Commission recommended approval subject to Health Department approval of a septic system. Nr. Brown was present in sup- port of his application. No one appeared in opposition. On motion by Nr. Wood, seconded by Nr~ Wheeler, the recommendation of the Planning Commission was ac- cepted by the following recorded vote: AYES: Nessrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey. NAYS: None. (7) ~-1~0 - Application of Daley Craig (Four Seasons) to amend Conditional Use Permit 111 and related master site plan to permit an entrance to one to-n- house unit (Block F. Lot 1, Section ~) from an unnamed dedicated right~0f- way leading to Dominion Drive in Berkeley Subdivision. Nrs. ~ichael Demetsky appeared and requested that action on this application be deferred ~0 days in order that all parties concerned might work out a compromise acceptable to all. Nr. Clyde Goldman, attorney for Daley Craig, advised~that an attempt had been made to work with the opposition and nothing had been accom- plished and he would like to proceed with the request at this meeting. ~r. John H~mphrey reported that the Planning commission recommended denial. ~r. Goldman reviewed the request of Nr. Craig, pointing out the reason for the request was to save a very large and very old tree located at the garage and l~rking entrance to this one unit. Petition to save this tree was received from 97 residents of 468 Four Seasons. Nrs. Joan Graves, president of Berkeley Homeowners Association, and Nr. Leroy Hamlin, attOrney for Be~_kley residents, spoke in opposition as did Mrs. Demetsky. After lengthy discussion, motion was made by ~r. Gibson, seconded by Nr. '~heeler, approving the request for access to the one unit in question. ~otion carried by the following recorded vote: AYES: Nessrs. Gibson, Paulett, ~heeler, Wood and Yancey. NAYS: Mr. Garnett. .At this time the Chairman called for public hearin~ which was advertised for 1:30 p.m. in the Dail~TProgress on November 6 and November 13, on petition to vacate and close the following roads within the Berkeley Residential Sub- divi si on: (a) An unnamed dedicated 50 by 1 52 ft. strip of land located between Lot 11, Block 4 and Lot 1, BlockS, Section 1. (b) A 50 x 195 ft. strip of land, being the southern extension of Commonwealth Drive and the connecting link between Berkeley Subdivision and the Westfield Subdivision, located between Lot 1, Block 10 and Lot 25, Block 1. (c) A temporary turn-around located at the present terminus of ~illiamsburg l~oad between Lot 28, Block 2 and. Lot 1, Block 7. (d) Two unnamed and unconstructed dedicated strips of land off Commonwealth~ Drive North. 0nebeing a 50 x 149.69 ft. strip abutting property ~f George H~ and Louise Nuttycomb, between Lot 19, Block 5 and Lot 1, Block 6. The oZ~er a 50 by 125 ft. strip located between Lot 19, Block ? and Lot 9, Block 9, Section 4. Mr. Humphrey reviewed action by the Planning Commission, advising that said body recommended closing of the 50 by 152 ft. strip between Lot 11, ~Sck 4 and Lot 1, Block 5 (listed as (a) above), in accordance with~Section 15.1-482. The County Executive called the Board's attention to the County's need for easements on all of the foregoing roads for future utility development. Appearing in support of the petition were Nfs. Joan Graves, president of the Berkeley Homeowners Association, Nfs. Loretta Bradley, Mr. Dennis Neador and Mrs. Nichael Demetsky. Appearing in opposition were Nr. Dave Wood, owner of property adjoining Berkeley Subdivision, Mr. Forbes Biback, attorney representing Mrs. Louise Walton, also an adjoining property owner, and Mr. Clyde Goldman, attorney for Daley Craig, developer of Four Seasons which adjoins Ber~ley also. After quite a long dis- cussion and arguments presented by both sides, motion was offered by Mr. Gibson, seconded by Nr. ~heeler, to deny the request, thereby vacating no~e of the roads above listed. ~otion carried by the following recorded vote: AYES: Nessrs. Garnett, Gibson, Paulett, 'Wheeler and Yancey. NAYS: Nr. Lloyd 'Wood. Nr. Scott ~ine, Executive Director of Youth Employment Services, appeared and presented annual report of his organization. He stated that he would be glad to appear at a future meeting to discuss the report and answer questions after the Board has had an opportunity to review this report. ~Statements of expenses o.f the Department of Finance, the Sheriff's Office and the Office of the Common~ealth's Attorney were submitted for the month of October, 1971. On motion by Nr. Gibson, seconded by Mr. Yancey, these state- ments were approved by the following recorded vote: AYES: Messrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey. NAYS: None. Statement of expenses incurred in the maintenance of the County Jail was submitted along with summary statement of prisoner days for the month of October. On motion by Mr. Yancey, seconded by Mr. 'Wheeler, these statements were approved by the following recorded vote: ~ES: Mess~s. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey. NAYS: None. Claim of the Jail Physician was submitted for the month of October, 1971, in the amount of $42.00, of which two-thirds is reimbursable by the 'State. On motion by Mr. Gibson, seconded by Mr. Wheeler, this claim was approved for pay- ment by the following recorded, vote: AYES: Messrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey. NAYS: None. Report of the County Executive was submitted for the month of October, 1971, as information. Reports of the Department of Public Welfare were submitted for the month of October, 1971, in accordance with Sections 63-67.1 and 63-67.2 of the Code of Virginia. Claims of the University of Virginia Hospital in the total sum. of $1838.46 for hospitalization of indigent patients under .SLH during October and November were submitted. On motion by Nr. Yancey, seconded by Mr. Wood, these claims were approved for payment by the following recorded vote: AYES: Messrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey. NAYS: None. The County Executive advise& that renovations to the Elk's Club building, for offices of the Welfare Department, had amounted to $2,475.00, which sum was not included in the budget. On motion by Nr. Wheeler, seconded by Mr. Wood, rules with regard to second reading were suspended and the following resolution adopted by the following recorded vote: AYES: Messrs. Garnett, Gibson, Paulett, 'Wheeler, 'Wood and Yancey. NAYS: None. BE IT i~ESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the sum of $2,47~.00 be and the same is here- by appropriated to cover cost of renovations to space leased from the Elk's Club for offices of the Department of Public ~elfare. Communication was received from Nr. Bay B. Jones requesting special appro- priation in the amount of $~,Q00.00 to co.ver cost of water line and facilities to provide water for west Leigh and Flordon Sulxlivisions from well owned by Dr. ~harles W. Hurt and located on Greencroft Nursery Farm. Mr. Batchelor reviewed brieft~ the problem of~ insufficient, water supply for these two subdivisions. On motion by Nr. Gibson, seconded by Nr. '~heeler, rules with regard to second reading were suspended and the following resolution ~ado~ted by the Following recorded vote: (Resolution omitted in error -- see page 4?2.) AYES: Messrs. Garnett, Gibson, Paulett, ~heeler and Yancey. NAYS: None. ABSENT: Nr. Wood. Communication was received from the Au&dtor of Public Accounts advising that according to collections for the year ended. June 30, 1971, the bond of the Director of Finance was deficient by $13],8~0.18. On motion by Nr. ~neeler, secOnded by Nr. Yancey, it was ordered that the bond. of the Director of Finance be increased by this amount. Motion carried by the following recorded vote: AYES: Messrs. Garnett, Gibson, Paulett, Wheeler and Yancey. NAYS: None. ABSENT: ~r. Hood. Communication was received from Dutaney, Salley and Company, Certified Public Accountants, advising that during the period from November 1, 1966 through June 30, 1971, the sum~ of $263.90 in shortages had accumulated in the Department of Finance, which sum is charged against T. M. Batchelor, Jr., Director of Finance. The auditors recommended that this Board take action to O~arge this amount off prior to December 31,1971. On motion by Nr. Yancey, seconded by Nr. ~neeler, it was ordered that the sum of $263.90 be written off the books~ the Director of Finance. Notion carried by the following recorded vote: AYES: Messrs. Garnett, Gibson, Paulett, 'Wheeler and Yancey. NAYS: None. AB~q~NT: Nr. Wood. The County Executive requested that he be authorized by the Board to adver- tise the project for construction of the joint jail. On motion by Mr. '~heeler, seconded by Nr. Gibson, this authority was granted. Motion carried by the fol- lowing recorded vote: AYES: Messrs. Garnett, Gibson, Paulett, 'Wheeler and Yancey. NAYS: None. ABSENT: Mr. Wood. The County Executive advised that check number H$4$ in the amount of $14.00 had been issued on November 10, 1971, to Dr. William E. Moody, this being a duplicate payment through oversight. On motion by Mr. Gibson, seconded by Wheeler, it was ordered that said check be cancelled. ~otion carrie& by the following recorded vote: AYES: ~essrs. Garnett, Gibson, Paulett, ~eeler and Yancey. NAYS: None. ABEENT: Nr. Wood. Easement agreement was received from the Virginia Electric and Power Com- pany for utility line on property owne& by the County and located at the Chris Greene Lake Becreational Area. On motion, the following resolution was offered by ~r. ~heeler, seconded by Nm. Paulett, and adopted by the following recorded vote: AYEB: NAYB: ~essrs. Garnett, Gibson, Paulett, Wheeler and Yancey. None. ABSENT: Nr. BE IT BESOLVED, that the Chairman ~id Clerk of the Board of Supervisors of Albemarle County be and they are hereby authorized to execute a certain agreement of easement to bear date as of Nov. 18, 1971, conveying to the Virginia Electric and Power Com- pany, a corporation organized and existing under the laws of the State of Virginia, a right of way across the property of the County of Albemarle, as shown by plat bearing No. CH-224-71, exhibited to the Board of Supervisors of Albemarle County, same to be signed by the Chairman on behalf of the Board of Supervisors of Albemarle County and attested and seal affixed by the Clerk. On recommendation of the County Executive and in keeping with schedule adopted by the State of Virginia, ~iday, December 24, and Friday, December 31, 1971, were designated as holidays for County employees on motion by Nr. Gibson, seconded by Nr. Yancey, and adopted by the following recorded vota:~ AYES: Eessrs. Garnett, Gibson, Paulett, Wheeler and Yancey. NAYS: None. ABEENT: Nr. ~bod. The County Attorney submitted copy of Order entered by the Judge of the Circuit Court in the matter of the issuance of bonds of Albemarle County in the maximum amounts of $4,850,000.00 for Public Schools and $500,000.00 for Jail Facilities. Copy of said Order follows: "There having been filed with the Court (1) the return of the Sheriff of Albemarle County showing service and posting of the order heretofore entered September 21, 1971, (2) the certificate of publication of such order in The Daily Progress, a newspaper having general circulation in Albemarle County, on September 24 and October 1, 1971, (3) a c~ertified copy of the ballot used at 472 the election held on November 2, 1971, and (4) the abstracts of votes cast at the election, as certified by the Secretary of the Electoral Board, on the questions of the issuance of bonds, of Albemarle County, which abstracts show the votes case FOR BOND ISSUE and AGAINST BOND ISSEE on each question as follows: School Bonds 5~, 238 1,621 Jail Bonds ~,01~ 1,487 IT IS HEREBY FOUND AND.DETERMINED that notice of the election was duly served, posted and published as required kY the order entered September 21, 1971; that due publicity was given to the election as required by such order; that the election was duly held in themanner requir~ed by the statutes of the Commonwealth of Virginia; and that a majority of the votes cast at the election were cast for both bond issues; and IT IS HEREBY ADJUDGED AND~ ORDERED that the Board of Supervisors of Albemarle County shall proceed to carry out the wishes of the vo~ers at the election and that the Clerk of the Court shall certify a copy of this order to the Board of Supervisor s." *KESOLUTION 0NITTED ON PAGE 470: HE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the sum of $3~,000.00 be and the same is hereby appropriated for installation of water lines to West Leigh and Flordon Subdivisions. Claims against the County amounting to $1,011,225,16 were presented, examined and allowed, and certified to the Director of Finance for paYment and charge~ against the following funds: General Revenue Fund General Operating ~kuud School Operating Fund Capital Outlay ~mud Cafeterias ¥~ginia Public Assistance Fund Textook Rental Fund County Water Systems Commonwealth of Va. Current Credit Account Town of Scottsville 1% Local Sales Tax Dog Tax Fund Mental Health Services Total $ 23.~3 122,59~.U7 640,93U.23 122,841.43 t6,61¢.68 ,085. 7 5,608.93 125.14 87~.76 13,39~.91 $1,o11,225.16 on motion, the meeting was adjourned. lrmsn