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HomeMy WebLinkAbout1968-01-18 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 January, 1968. Present: Messrs. F~. N. Garnett, Joseph w.. Gibson, Peter T. ~fay, Gordon L. Wheeler, Lloyd F. Wood, Jr., and R. A. Yancey. Absent: None. Officers present: County Executive and Commonwealth's Attorney. The meeting opened with the Lord's Prayer led by Ur. Garnett. ~inutes of the meetings of December 21, 1967 and January 2, 1968, were approved as submitted on motion of Mr. Yancey, seconded by Mr. Gibson, unanimously carried. ~r. Wheeler advised that he had received complaints on private driveway off Route 2~0 W. ast near the Hearth. He stated construction workers on Route 64 had been using this private roa~and had done con- siderable damage. Ur. Coats of the Highway Department advised that this matter had been checked with the project engineer and it was found that loggers had previously used this road and caused the trouble. However, he would be glad to check it out with the Supervisors. Ur. Wood asked about improvements ptanned~ for l~oute 637 (Rio Road). .~r. Coats said he believed this was set up in his department's two-year plan. However, he will get the facts on this project and report back at the next regular meeting. Ur. Gibson questioned markings on Route 2~0 West at the entrance to West Leigh. Mr. Coats advised that several studies had been made by the Highway Department width regard to markings on this section of Route 2~0. Mr. Gibson also stated that a signal light is needed at the railroad crossing over the road in West Leigh. He further advised that inadequate signals are given by trains at this crossing. ~r. Wheeler stated that the C & 0 crossing at Keswick is also very dangerous and a signal light should be installed there. After discussion of the two crossings, motion was offered by Mr. Wheeler, seconded, by Mr. Gibson~ and unanimously carried, directing the Clerk to request a conference with representatives of the State Highway Department and the Chesapeake and Ohio Railway Company with regard to these railroad crossings. Co~munication ~was received from the Virginia ~epartment of Highways advising that in accordance with resolution adopted by this Board on October 19, 1967, the following discontinuance was approved by that depart- ment at its meeting on December 14~ 1967: 235' Section 2 of old location of t~oute 743, from Station 46~65 to Station 28+00, Project 0743-002-121 ,C-501, length 0.04 mi. Communication was received from the Virginia Department of Highways advising that in accordance with resolution adopted by this Board on October 19, 1967, the following addition and abandomment were approved, effective January 5, 1968: Addition: Sections 7 throuMh 12 of new location of Routes 676 and 743 ~ithin~'~Proj~t~ 0743-o02-121,c-5ol and 0676-002-120,C501, length 0.55 mi. Abandonment: Sections 1, 3, 4,-~.~.5 and 6 of old location of Route 743, be- tween Station 37+50 and Station 63+00, PrgJects 0676-002- 120,C501 and 0743-002-121,C501, length 0.54 mi. Communication was received from the Virginia Departmeat of Highways advising that the State Highway Commission approved allocation of $25,000 from the industrial access fund for rearranging the access of the expand- ing facility of Stromberg-Cartson Corporation, subject to necessary right- of-way being provided at no cost to the Commonwealth. In connection with the foregoing, plat w~as received for re-dating. This plat was previously approved by the Board but was not recorded v~thin the time limit established by ordinance. On motion of Nr. Gibson, seconded by Er. Wheeler, this plat was approved for redating. Communication was received from ~r. George Gitmer, Attorney, copy of which follows: "Virginia Resorts, Inc. September 26, 1966, entered into an~ agreement with the County of Albemarle which is signed by Otis L. Brown, County Executive~ to convey 109.06 acres which were afterwards reduced to 94.7~ acres. This agreement in- cluded access from this 94.78 acres to State Route 606, fifty feet v~de. The County of Albemarle agreed to.pay $21,000.00 for clearing and gmading. Supplemental agreement was executed November 10, 1966 and signed by T. N. Batchelor, Jr. for County of Albemarle. Agreement of the County was to complete the road which was partially constructed.' Nothing was said about specifications. Completion of the construction was automatically assumed by the parties that the road would be built to State specifica- tions. It was known that Virginia Resorts, Inc. planned to develop this land for a subdivision and that a road with State specifications would be necessary for access. We believe this would be applied anyway where County property is concerned,if we had agreed to build the road. The persons owning and financing Virginia Resorts, Inc. have built many roads which have been taken.over by the State and all had robe built to State specifications. The County has already put gravel on the road. The road has, also, been well graded. We Would like the assurance from the County that by spring the roads will be completed and under Sta~e specificationsl The County executiv~have changed and there are going to be 238: changes in the supervisors. We certainly v~nt to get this point clearly understood and expressed for the benefit o~ the executives and supervisors hereafter." Mr. Batche!or stated that the County did not indicate that road would be constructed to state standards. He further advised he had been unable to !ocate~ in the County's files copy of the first agree- ment above mentioned. On motion of Mr. Wheeler, seconded by Mr. 'Wood, and unanimously carried, the County Executive was directed to write Virginia Resorts, Inc. advising that the County feels it has fulfilled its obligation in the matter and requesting ~r. Dwyer to present the agreement dated ~e~t~m~er 26, $966. The following plats were presented: (~) Division of C. G. Allen property located at the intersection of Routes 6?6 and 853, prepared by William S. Roudabush and approved by the County Planning Commission. (2) Division of Perry N. Jester property located on Route 601, prepared by Thomas D. Blue and approved by the County Planning Commission. On motion of Mr. Wheeler, seconded by ~_r. Wood, and unanimously carried, the foregoing plats were approved and the Chairman and Clerk were authorized to sign same on behalf of this Board. Mr. C. E. Hermdon appeared with regard to his real estate assess- ment which he considered high and was referred to the Equalization Board. Communication was received from A1 Dwyer requesting the privilege of buying back certain land sold tothe County which was not needed. After discussion of this matter with Mr. Dv~er, he was advised that the letter would be kept on file and if the County decides to dispose of this land, he vrill be so notified. The appointment of Board co~mtittees was deferred until the regular February meeting. On motion of ~r. Wheeler, seconded by Mr. Wood, and unanimously carried, Mr. Yancey and Mr. Way were appointed as representatives of the Board of Supervisors on the District Home Board to serve with T. M. Batchelor, Jr., County Executive. On motion of Mr. Yancey, seconded by ~r. Way, and unanimously carried, Mr. Wheeler was appointed to th~ Welfare Board to serve the un- expired term of Mr. Robert Thraves. Said term runs through June 30, 1970. ~r. Wheeler recommended appointment of ~r. Savory E. Amato to the Planning Commission and Mr. Yancey recommended appointment of Mr. Henry C. Page. On motion of Mr. Gibson, seconded by Mr. Wood, and unanimously 237' carried, ~r. Savory E. Amato and ~r. Henry C. Page were appointed to the Planning Commission for terms of four years. NOTE: It was later determined that Planning Commission Ordinance adopted Nay 1~, 1966, limits membership of the Planning Commission to nine members, one of whom shall be appointed by this Board from its own membership for a term of one year and eight of whom shall be pointed by this Board for terms of four years. Therefore, on motion duly made and seconded, it was ordered that notice of intent to amend said ordinance be published for public hearing at 10:00 A.~. on ~ebruary 1 ~, 1968. On motion of Nar. Gibson, seconded by Mr. Wheeler, and unanimously carried, ~r. Wood was appointed as this Board's representative on the Plan- ning Commission and it was further ordered that both the Board's repre- sentative and the County Executive be voting members of the Commission. On motion of ~r. Wheeler, seconded by ]~[r. Yancey, and unanimously carried, ~r. John L. Humphrey was appointed as Secretary to the Planning Commission. On motion of ~r. Gibson, seconded by Er. Wood, and unanimously carried, appointment of the Equalization Board was carried over until the regular February meeting. NLr. Gibson advised that ~r. W. W. Rowan had submitted his resignation as a member of the Library Board. On motion of ~r. Gibson, seconded by ~r, Wheeler, and unanimously carried, the resignation of Er. Rowan was ac- cepted with regret, the Clerk was directed to address a~letter of appre- ciation to ~r. Rowan for his services, and the appointment of a~successor to ~r. Rowan on the Library Board was deferred until the February meeting. 0n-motion of Er. Wheeler, seconded by Er. W.oo.d , and unanimously carried, the Clerk was directed to address letters of appreciation to retired members of the Albemarle County School Board. 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 December, 1967. On motion of Nr. Yancey, seconded by Nr. Wheeler, these statements were unanimously approved. Statement of Expenses incurred in the maintanance of the County Jail was submitted along ~ith sun,mary statement of prisoner days. On motion of . Er. Gibson, seconded by ~r. Way, these statements were unanimously approved. Reports of the Department of Public Welfare were submitted for the month of December, 1967, in accordance with Sections 63-67.1 and 63-67-.2 of the Code of Virginia. 238 - ......... S.L.H. Report for the month of December, 1967, was received from Dr. Sturkie along with a report from the State Health Department on the amount of money spent for maternal and child health hospitalization of residents of the County. The County Executive submitted report of his office for the month of December, 1967. Mrs. Shelby J. Marshall, Clerk, appeared and requested permission to close her office on Saturdays as provided by Section 17-4~, paragraph 5, of the Code of Virginia. This matter was given considerable discussion. ~r. Wood advised ~that he had received calls from several lawyers, and also submitted communication from the firm of Robert ~. Musselman, requesting that the Clerk's Office remain open on Saturday mornings. ~r. George Gilmer, Attorney, appeared and also requested that the office be open. On motion of Mr. Wood, seconded by Mr. Yancey, and unanimously carried, action on Mrs. Marshall's request was tabled until the regular February meeting in order to obtain the reaction of the public on the matter and the Commonwealth's Attorney was requested to contact the president of the Bar Association to get their feeling in the matter. The County Executive advised that he had received request to in- crease the annual salary of Deputy Sheriff Taylor ~40.00 per annum in order to bring ~r. Taylor's salary in line with other deputies employed at approximately the same time. On motion of Mr. Wood, duly seconded and unanimously approved, it was ordered that the salary of ~r. Taylor be increased 340.00 per annum. On motion of ~.,~r. Gibson, seconded by Mr. ~ay, the following resolu- tion was offered for adoption~ and was unanimously approved. ~&S, land use and land use planning has become an integral and necessary part of society; and ~iS, certain of the Federal and State assistance grants and programs are contingent upon land use and zoning; and ~AS~ the County has a large investment in water impoundments, schools, and an airport, all of which need protec- tion from encroachment s; and WHF2~AS, the uniqueness of the character of Albemarle a Cot~nty makes it/very desirable place for living and industry; and WHEREAS, this uniqueness and desirability will continue to cause its accelerated growth, which is affecting the health, safety a~nd welfare of the citizens; and 239 WHEREAS, zoning may be advantagous to the citizens of Albemarle County for the preservation of the uniqueness of the County and for its orderly development; and ~AS, the Attorney General held in an opinion date~ August 30, 1967, that Section 1~.1-~91 of the Code of Virginia as amended is invalid and therefore not applicable to Albemarle County; NOW, THER~FORE, ~iE IT ?~ESOLVED, that for all of the foregoing reasons, the Board of Supervisors of Albemarle County requests its representatives in the Virginia General Assembly to introduce such legislation as may be appropriate to remove this section from the Code of Virginia. With reference to Zoning Ordinance presented to the Board on ~)ecem- ber 21, 1967, Mr. Wood offered motion which was seconded by Mr. Wheeler, to refer said ordinance back to the Planning Commission for requested changes and public hearing, with request that it be brought back at the regular February meeting. Mr. Floyd Johnson expressed the feeling that his Commission would not favor this procedure and seemed to feel that the hearing planned by the Commission should be an informal one. The County Executive advised the Board to request the Planning Commission to have another fo. rmal public hearing before the Board's hearing to erase any question that might arise from map changes and lapse of time Since the No-¢ember hearing. The Commonwealth's Attorney recommended calling off the Commission's public hearing and setting date for Board hearing. Motion was offered by Mr. Gibson, seconded by Mr. Wood, accepting the recommen- dation of the Commonwealth's Attorney, setting 10:00 A.~. on February 1 ~, 1968 as the time for public hearing on proposed Zoning Ordinance and ordering proper notice of same, and authorizing the Planning Commission to have an informal hearing prior to this date. This motion was unani- mously approved. At the raquest of the Augusta County Board of Supervisors~ the following resolution was offered by Mr. Way, seconded by Mr. Wheeler~ and unanimously adopted: WHEREAS, it has come to the attention of the Board of County Supervisors of Albemarle County that legislation v~ill be introduced during the present session of the General Assembly, the purpose of which is to effect the closing of State Lime Grinding plant located at Staunton, Virginia; and WHEREAS, the Staunton Lime Plant has been in operation since 1914 and is an integral part of the agriculture industry covering several counties, including Albemarle-; and WHEREAS, the closing of the Staunt'on Lime Plant will result in additional cost on that segement of the co=~nunity's economy which is least able to cope with increased cost; and WHEREAS, the State Lime Grinding Plant provides a satis- factory place for the employment of prison labor and consistently operates v~thin revenues received from the sale of lime; and WHEREAS, the demand for lime exceeds the capacity of the plant and cam be expected to increase; and WHEREAS, there is no other source of lime available that does not involve prohibitive haul cost to this area; NOW, TP~2LEF0~, BE IT LTLESOLVED that the Board of Couuty Supervisors of Albemarle County hereby opposes closing of the State Lime Grinding Plant located at Staunton, Virginia, as such action will not be in the best interest of the area agriculture. BE IT FURT~ PLESOLVED that copies of this resolution be forwarded to Albemarle County's representatives in the Virginia General Assembly. Notification was received from State Corporation Commission on hearing scheduled for 10:00 A.M. on Jsauuary 16, 1968, on application of American Courier Corporation of Virginia to operate as a restricted common carrier on all of the public highways of Virginia except in the counties of Accomac and Northampton. Report was received from the Charlottesville Fire Department showing date, location, mileage, type fire and owner on each call answered in the County during the calendar year 1967. On motion of Mr. Wheeler, seconded by ~r. Gibson, it was ordered that the volunteer fire companies located in the county be requested to furnish similar reports to this Board. Claim against the Dog Tax Fund was received from Mr. M. J. Crav~ord for nine lambs and three ewes killed by dogs. The Dog Warden advised that Mr. Crav~ord actually lost twenty-six sheep. However, he was able to certify only twelve. On motion of I~r. Way, seconded by Mr. Wheeler and unanimously carried, Mr. Crawford was allowed $21.60 for each of the lambs and $1~.00 for each of the ewes. Mr. Wood advised that he had received numerous calls regarding the dog situation in the County. After discussion of this matter, the Dog Warden was instructed to keep a record of all calls received in connection with dog complaints and report back to the Board at its February or ~arch meeting. On motion of ~r. Yancey, seconde~ by Mr. Wood, rules with regard to second reading were suspended and the following resolution unanimously adopted: BE IT !~ESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that ~913.26 be and the same is hereby appropriated to cover current expenses in connection with school construction. Communication was received ~om Ray B. Jones, Asst. Director of Finance, advising that the Institute of Textile Technology was erroneously billed for utility tax by Virginia Electric & Power Co. for the period- July ~966 to November 1967~ in the total amount of ~868.21. On motion of ~r. Gibson, seconded by ~r. Way and unanimously carried, it was ordered that refund of ~868.21 be made to I.T.T. The County Executive advised that landfill sites suggested by interested citizens had been thoroughly investigated and the one site which was thought feasible was later found to be prohibitive in cost and also too small in acreage. He further reported that the Charlottesville dump situation is very bad and steps to relieve the situation should be taken as soon as possible. Mr. John }tigginson appeared on behalf of the citizens group and expressed appreciation to the County Executive and the Board of Supervisors for the cooperation his group received. On recommen- dation of the County Executive, the following resolution was offered by Yancey, seconded by ~r. Wood~ and unanimously adopted: BE IT iLESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the County Executive be arkt is hereby ~authorized to proceed with obtaining bids and all other necessary work in connection with opening new landfill to be located on the Continental Can property. On motion of ~r. Wood, ~ seconded by ]~r. 'Wheeler, and unanimously ap- proved, the County Executive was directed to secure for the ~oard Room a United States Flag and a State of Virginia Flag. The County Executive reported that he had received communication from Otis L. Brown, ~Direct~r of the Department of Welfare and Institutions, who advised that he would not propose legislation with regard to State aid for regional~ jails but would not oppose any such legislation. On motion of ~r. Yancey, seconded by ~r. Gibson, the County Executive was requested to work with the City ~anager in drafting a resolution in this regard to be forwarded to our representatives in the General Assembly. 242 ........... Claims against the County amounting to ¢'714,785,.15,' were presented, examined, and allowed, and certified to the Director of Finance for pay- merit and charged against the following funds: General Revenue Fund General Operating F~d School Operating Fund Virginia Public Assistance Fund Capital Outlay Fund Cafeterias Dog Tax Fund Comm. of Va. Current Credit Account To~m of Scotts~itl~ Local Sales Tax 6,688.85' 6?,?32.90 418,914~.38 34,29U. 29 5'2,991.44- 5,,319..~1 1,097.5'2 2'7,684.29 5,?.87 Total On motion, the meeting was adjourned.