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HomeMy WebLinkAbout1968-11-21403 ' 3- Dr. Richard Narks - Nedical profession representative. 4. Mr, H. C. Lanahan - Citizen representative. 5. Mr. Lloyd Wood ~ Board of Supervisors representative. Mr. Way stated that he was deeply concerned over the litter in Albe- marle County and felt the problem was of sufficient magnitute that the County Government should display some leadership, and consider the location of additional dumping areas. He proposed a committee to study the problem and make recommendation to this Board. The Chairman asked the Sanitary LandFill Committee (Mr. Yancey, Mr. Way, Mr. Wood and Mr. Gibson) to serve in this capacity. The County Executive suggested that a couple members of the Planning Commission be asked to work with this committee. The County Executive advised that he and the County Attorney had discussed the time this Board was devoting to consideration of conditional use permits during its regular meetings and they were of the opinion that this matter could be and perhaps should be handled by the Board of Zoning Appeals on authority designated by this Board. It was pointed out that a proposed amendment to the Zoning Ordinance with regard to trailers wnuld eliminate approximately 90~ of conditional use permit hearings. Notion was offered by Nr. Wheeler, seconded byMr. Way, to delegate authority for fixing conditions relating to conditional use permits ~o the Board of Zoning Appeals, effective November 1, 1968. However, in discussion which followed, this motion was withdrawn and the Clerk was directed to place this matter on the November docket. Claims against the County amounting to $546, 217 ;~60 were presented, examine&~, and allowed, and certified to the Director of Finance for payment and charged against the following ihmds: 'General Revenue Fund General Operating Fund School Operating Fund Virginia Public Assistance Fund Capital Outlay Fund Dog Tax Fund Co .uuty Water Systems Fund Town of Scottsville 1% Lo~al Sales Tax Comm. of Va. Current Credit Account On motion, $ 112.26 89,747.34 401,525:46 33,322.70 7,395.26 1 .74 72.o5 12,351..24 Total $546,217.60 the meeting- .w~,s adjourned. _ ~,~ -~ -~ ~ A regular meeting of the Board of County Supervisors of Albemarle Country, Virginia, was held at the Office Building of said County on the 21 st day of November, 1968. Present: Messrs. E. N. Garnett, Joseph E. Gibson, Peter T. Way, 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 Nr. Garnett. On motion of Mr. Way, seconded by Mr. 'Wheeler, minutes of the meeting of October 17, 1968, were approved as submitted. Communication was received from Mr. R. G. Warner, Resident Highway Engineer, regarding recent evaluation of services provided by the Warren and Hatton Ferries. He informed the Board that $7,000 of this County's Secondary Budget is used for the operation of these two ferries and that records indicate much less traffic at Warren than at Hatton. He further stated that at least half of this amount could be saved if one of the ferries were done away with. Mr. Warner recommended that consideration be given to abandoning the Warren Ferry and retaining the Hatton Ferry from the hours 8:00 a.m. through 4:30 p.m., thereby eliminating overtime pay for the operators. On motion of Mr. Way, seconded by Mr. Wheeler, unani- mously carried, approval was given to operating both ferries during the hours suggested, 8:00 a.m. to 4:30 p.m., and further action on this re- Quest was deferred until the regular road hearing to be scheduled in the spring of 1969. Mr. Way advised that he receives numerous complaints regarding speed on Route 20 near the store at Keene and on Route 6 in the residential area about a mile out of Scottsville and~ suggested some type of sign, perhaps a conjested area sign, to alleviate this problem. Mr. ~arner stated that he would look into this. Mr. Wheeler again requested ~information with regard to the progress on the Broadus Wood School entrance. Mr. Warner stated that his department is still working on this project. Mr. Wheeler advised Mr. Warner that he had offered Mr. Coats his assistance on any problems encountered and had heard nothing further from him. Mr. Wheeler again offered to work with the Highway Department in obtaining any necessary rights-of-way in order that this project might be completed. Mr. Gibson informed Mr. Warner that he had received a request from Dr. Lang for an appropriate sign at the aDproach to the bridge near the 405 intersection of Routes 601 and 678 to warn people that this is a one- lane bridge and. also requested some top d~ess to the bridge. Mr. Warner stated that these matters had been called to his attention aud were being taken care of. Mr. Womd commented on the speed on Hydraulic Road between Route 29 and Albemarle High School. Mr. Warner stated that a stud~y has been made and that the traffic engineers did not recommend any change at this time. He stated that 85% of drivers are exceeding the posted speed limit of 45 mph. Mr. Wood suggested a 3~ mph limit in view of the fact that the area is becoming more conjested. Mr. Warner stated that this would be evaluated from time to time. Nr. Wood also commended Mr. Warner for his patience and efforts in improvements made in the Charlottesville District. Mr. Yancey again asked when the gravel would be moved and culvert in- stalled on Route 2~0 in the village of Yancey Mills. Mr. Warner said he didn't know why this has not been taken care of. Mr. Way advised that a group from the Scottsville area would meet with Mr. Fugate at 11:00 a.m. on November 2~th with regard to Route 20, South. Mr. Way stated that the group would leave Scottsville at 8:~ and invited any interested Board members to t~is meeting. Mr. Townes called Mr. Warner~s attention to the fact that there was still no yield sign on Route 714. Mr. Warner advised that a sign was put up but someone had taken it down and it would be re-installed. Nm'. Townes also advised that the road to the other dump is in need of improvements. Mr. Wheeler again inquired with regard to Route 600 from Cismont to the Lo'misa County line. Mr. Warner advised that this road is too narrow for center lines but outer lines and marking on curves is to be worked out. Communication was received from Mr. J. T. Graves offering to provide County citizens with ambulance service at a cost of $20.00 per person per trip plus $1.00 per mile from the Charlottesville corporate limits. Dr. Leslie E. Rudolf of the University of Virginia Medical Center appeared in this regard. Dr. Rudolf urged the Board to give consideration to several matters before making its decision. He stated that indigent patients, above and beyond those on Welfare and under Medicare, should be considered as the number being transported to the University Hospital is quite large. He also stated that there should be a d~finite agreement between the Rescue Squad and the successful contractor as to the type pickups each will make. Mr. Joel Cochran and Mr. Charles Bausch appeared on behalf of the Rescue Squad. They urged that something be done immediately in order that per- sonnel could be trained prior to ~ ~ ~anuary 1 They pointed out that the Rescue Squad is obligated ta provide prompt emergency service only. Nr. Cochran recommended a contract with Mr~ Graves similar to the City's contract which would run concurrently. He also stated that he felt two ambulances would not be sufficient. After consideration of the facts presented, Nr. Batchelor was directed to arrange a meeting between the Board and Mr. Graves. At 9:30 A.E. the Chairman called for public hearing on proposed amendments to the Airport Commission Ordinance as advertised in the Daily Progress on November ? and 14, 1968. Mr. D. B. Narshall, County Attorney, advised that in conference with Mr. Clyde Gouldman, City Attorney, a slight change had been decided upon with regard to that section dealing with the terms of office and Mr. Narshall recommended that this change, which he read to the Board, be accepted in order that the City and County ordinances correspond. No one from the public appeared in this regard. On motion of Mr. Yancey, seconded by Mr. Wheeler, the ordinance was adopted unanimously as follows: AN ORDINANCE TO A~ND AND BE-ENACT SECTIONS 2-24 and 2-2~ of the CODE OF THE COUNTY OF 212tEMABT~.F~, RELATING TO THE COMPOSITION OF THE AIRPORT COX- NtSSION~ ~.~[1~. 0.I. NT~.'..~T OF MEMBERS THEREOF~ AND TERMS OF OFFICE. HE IT ORDAINED by the Board of County Supervisors of Albemarle County that Sections 2-24 and 2-25 of the Code of the County of Albemarle (1967), relating to the composition of the Airport Commission, the appointment of its members, and their terms of office, be amended and re-enacted as follows: Section 2-24 Composition; appointment of members. The airport commission shall consist of seven members, including the city manager of Charlottesville, the county executive and five citizens ~ff Charlottesville or the county who hold no other municipal office. Such members shall be appointed by joint action of the board of supervisors and the city council of Charlottesville. Section 2-2~ Comp. en...sation and term. s ..o.f 0ffic..e.. of members. All members of the airport commission shall serve without compensation. The city manager of Charlottesville and the county executive shall serve as members of the airport commission for terms corresponding to their respec- tive official tenures. Three members shall be, .ap.p..ointed orior to January 1, 1.969, one qf whom shall serve ~un. ti.1 December .1., 1.969;..o..n.e... until December 1~970~ and one until December 1~ 1~.71. All members aopointed after January 1969, shall serve for term.._s of th~.ee year. s~ ..and all terms of such members shall ,~xpir, e on Dec, ember 1.,st ,o,f ,the ,ye ,a~ of ,,e',,xp,i~ation,,. No member shall be r~-appointed w. ho h~s s~M~e~ as a member for ..S~X ~qonsecutive years immediately preceding such re-aopointment. Motion was offered by Mr. Wheeler, seconded by Mr. Wood, and unanimously adopted, to appoint the following persons to the Joint Airport Commission, subject to approval by City Council: Mr. William Clontz - one year. Mr. Yates Stafford - two years. Mr. D. Cary Jackson - three years. On motion of Mr. Gibson, seconded by Mr. Wheeler, the Clerk was directed to forward letter of appreciation to Mr. Gerald' Tremblay for his services on the Joint Airport Commission. At 10:00 a.m. the Chairman called for public hearing on zoning requests in accordance with notices published in the Daily PrOgress on November 1, 8 and 15, 1968. (1) Application of George A. Cason, Sr. to rezone 2.2 acres from Agricul- tural A-1 to Industrial M~i for the purpose of establishing a retail nursery outlet on Route 643, Map 45, parcel 66. Mr. Humphrey advised that such rezo~ing would not be in the best interest of the County in his opinion and also stated that the Planning Com- $ission denied this request by a six to four vote~ with one abstaining. On motion ofI Mr. Way, seconded by Mr. Yancey, unanimously carried, Mr. Cason's request was denied. (No one from the public appeared. ) (2) Application of Thomas F. and Betty G. Starke to rezone t .2¢ acres from Residential R-2 to Business B-1 to accommodate a restaurant and service station on Route 240 across from Morton Frozen Food Plant. Mr. and Mrs. Starke and their attorney, Mr. Herbert Pick_ford, appeared in support of this request. Mr. Humphrey advised that the staff and the Planning Commission recommended approval of this request. On motion of Nr. Gibson, seconded by Mr. Yancey, the request of Mr. and Mrs. Starke was given unanimous approval. (3) Application of Robert W. Smith to amend Article ~-1-38 of the Zoning Ordinance to allow Drive-in theaters with a Conditional Use Permit. Mr. Humphrey recommended approval by the Board since in his opinion drive-in theatres are best suited as a use in the Business, B-1 zone. How- ever, Mr. 'Humphrey advised that the Planning CommissiOn was unanimous in recommending denial. Mr. Smith appeared along with his attorney, Mr. Edel- son, and presented evid~mce of the type development proposed. Mr. A1 Dwyer and Mr. W. H. White also appeared in ~apport of the request. Those who appeared in opposition were Nr. James Cars~ell, Nfs. Talcott, Betty Craig, Ruth Baird and W. L. t{ennolds,~all of the Keswick area. Nr. Wheeler stated that he felt it would be well to make a study of the B-1 classification. After considerable discussion, motion was made by Er. Gibson, seconded by Er. Yancey, to give approval to Nr. Smith's request. This motion carried by the following vote: Ayes - ~essrs. Garnett, Gibson, Way, Wood and Yancey. Nayes - Nr. Wheeler. The Chairman called for public hearing on proposed amendments to the Utility Ordinance in accordance with notice published in the Daily Progress on November 7 and 14, 1968. The County Executive suggested one further pro- posed change.., other than those advertised; to delete the last portion of Section (e) which reads "except that there shall be no tax computed on bills submitted for gas service for water heating where a separate meter is used solely for water heating service." This met with the Board's approval. After public hearing, the following was offered for adopted by Nr. Gibson, seconded by Er. Wood, and unanimously adopted: AN ORDINANCE TO A~ND S~C~ION 2, PARAGRAPH (E), AND SECTION 3 OF TNR. ~ COUNTY UTILITY TAX ORDINANCE SO AS TO l{EDUCE TEE ~LiXI~U~ A~0UNT OF A NONTHLY BILL FOR PURCHASE OF GAS SERVICE FOR l{ESIDENTIAL PURPOSES V~HICH IS SUBJECT TO TAX. BE IT ORDAINED by the Board of County Supervisors of Albemarle County as follows: 1. That Section 2, paragraph (e) of said Utility Tax Ordinance be and it is hereby repealed and re-enacted to read as follows: (e) On purchasers of gas service for residential purposes, the tax shall be in the amount of twenty per cent (20%) of the charge on meter readings taken on or after July 1, 1968, exclusive of any Federal or State tax thereon, made by the seller against the purchaser ~Lth respect to such residential gas service; provided, however, that in any case a monthly bill submitted by the seller for gas service for residential purposes shall exceed ten dollars ($10.00), there shall be no tax computed on so much of such bill as shall exceed ten dollars ($10.00). 2. That Section 3 of said Utility Tax Ordinance be and is hereby repealed and re-enacted to read as follows: "Section 3. Utility bills, monthly or otherwise. Bills shall be considered mOnthly bills if rendered twelve times annually with each bill covering a period of approximately one month or a portion thereof. If bills for utility services are submitted less fre- quently than monthly, covering periods longer than one month, the maximum ~mounts of such bills which shall be subject to the tax levied by this ordinance shall be increased by multiplying the appropriate maximum fixed by Section 2 above for the utility service involved by the number of months of service covered by such bills." Statements of expenses of the Department of Finance, the Sheriff's Office Mud the OFfice of the Commonwealth's Attorney were submitted for the month of October, 1968. On motion of Nr. Wood, seconded by ~r. Yancey, these statements were unanimously approved. Statement of expenses incurred in the maintenance of the County Jail was submitted for the month Of October, 1968, along with summary statement of prisoner days. On motion of Nr. Wood, seconded by Nr. Yancey, and unauimously carried, these statements were approved. l~eports of the Department of Public Welfare were submitted for the month of October, 1968. in accordance with Sections 6~-67.~'~and 63-67.2 of the Code of Virginia. Claim of the University of Virginia Hospital in the amount~of $1,0~.~8 was presented for hospitalization of indigent patients under S~ for the month of October, 1968, and on motion of Nr. Yancey, seconded by Nr. Way, was unanimously approved for payment. Report of the County Executive was submitted for the month of October, 1968, and was ordered filed. The matter of delegating authority to the Board of Zoning Appeals in approving conditional use permits was again brought up. Nr. Humphrey said he would like for this matter to be carried over until after action on the proposed amendment to the Zoning Ordinance with regard to mobile homes. On motion of Nr. Wheeler, seconded by Nr. Way, this matter was deferred as requested by Nr. Humphrey. On motion of Nr. Gibson, seconded by Nr. Wheeler, the entire facet of the ordinance with relation to conditional use was referred to the planning staff for review. Communication was received from Nr. Ray B. Jones, Asst. Director of Finance, recommending refund of $5.20 to Carolyn G. Tremain, tax paid on automobile on which-Niss Tremain's father was assessed and likewise paid. On motion of Nr. Wheeler, seconded by Nr. Way, this refund was approved. The County Executive advised that it was necessary to increase the County's escrow at this time when tax collections are heavy and also he had received request for substitution of certain securities by Nationai Bank. The following resolution was offered by Nr. Wheeler, seconded by Nr. Way, and unanimously adopted: WHEREAS, National Bank and Trust Company, Charlottesville, Virginia, Depository, has requested the substitution of certain securities held by State-Planters Bank of Commerce and Trusts, Escrow Agent; and WHEREAS, additional funds have also been placed on deposit with National Bank and Trust Company which required the pledge of securities to cover same; NOW, TB~qEFOBE, BE IT P~ESOLVED by the Board of County Super- visors of Albemarle County, Virginia, that this Board does hereby~ ratify the following substitutions and additions of securities: Pledge: $ 500,000.00 U.S. Treas. Notes, ~-5~8%, due 5-15-70 500,000.00 U.S. Treas. Notes, 5-3/4%, due 11-15-74 Release: 1,000,000.00 TJ.S. Treas. Notes, 5-1/4%, due 11-15-68 Pledge: 25,000.00 Alb. Co. School Bonds, 3.20%, due 7-1-79 Release: 25,000.00 Alb. Co. School Bonds, 3.20%, due 7-1-75 Pledge: 1,000,000.00 U.S. Treas. Bonds, 4%, due 2-1~-72 540,000.00 U.S. Treas. Notes, ~-~/8%, due 8-1 5-74 BE IT F~RT~R tLESOLVED that copies of this resolution be for- warded to National Bank and Trust Company and to State-Planters Bank of Commerce and T~nzts. On recommendation of the County Attorney, the following resolution was offered by Nr. Wood, seconded by Nr. Yancey, and unanimously adopted: ~REAS, the City of Charlottesville has agreed to institute and conduct condemnation proceedings as may be required to acquire the lands of the late Niss Jo Wright for joint use by the City and this County as part of their proposed joint jail; and ~S, said City has purchased for $32~.00 cash a small strip of land which is also to be used for that purpose; NOW, THEREFOBE, ~E IT RESOLVED that this Board will participate equally with the City in both of the above acquisitions and will pay one-half of all costs and expenditures incurred in connection there- with, and the County Attorney is hereby directed to cooperate with the City Attorney and assist him if called upon. Also, the County Executive advised that the City is negotiating for the purchase of another tract in this area from Ni~hael and Dent for the price of $17,320.00. On motion of Nr. Wood, seconded by Nr. Yancey, purchase of this tract of land was given approval and the following resolution unani- mously adopted, rules with regard to second reading being suspended: BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that $8,660.00 be and the same is hereby appropriated aS the County's share of purchase price of lan& for the Joint Jail to be acquired from Nichael and Dent. On motion of Nr. Gibson, seconded by Nr. Wood, unanimously carried, the cancellation of certain checks was approved as follows: Date Ck.No. P~yee 10-17-68 10433 Staunton Coca-Cola $ 43.69 Bottling Works]~ Inc. Amount Reason for Cancellation 11-6-68 10511 Treasurer of Virginia !43.84 Corrected statement re- ceived after ck. iSsued This amount had to be issued to three separate State accounts. The County Executive advised the Board that pursuant to the report which ~cNair aud Associates had prepared , which was previously distributed to the Board, that this report should be r~ferred to the Planning Commi ssion for incorporation as part of the ~aster Plan, and that this part of the ~iaster Plan should become effective immediately upon recommendation by the Planning Commission and adoption by the Board of Supervisors. It was pointed out that this report takes care of the water needs of the northwest quad- tangle of the County which was considered to be the future urban part of this area of the County. On motion of Nr. Wood, seconded by Nr. Gibson, it was moved that recommendation of the County Executive be accepted and that the Planning Commission be ordered to hold a public hearing for recommenda- tions on the ~cNair report to become a part of Albemarle County's ~aster Plan for referral back to the Board of Supervisors for final action as soon as possible. Report was received from the S.P.C.A. showing tota~l cost to the County of $102.70 for the month of October. Communication was received from the School Board requesting this Board to appoint two of its members to work with them in trying to plan a suitable school building program for the County. Nr. Garnett appointed Nr. Wheeler and Nr. Way to serve on this committee. On recommendation of the County Attorney, the following resolution was offered by Nr. Wheeler, seconded by Nr. Way, and unanimously adopted: WHEREAS, this Board had previously authorized purchase on its behalf of the water and sewer system owned by Common- wealth Utilities, Incorporated, at a price of $175,000.00; and WHEREAS, it was impossible to negotiate that purchase at that price; and WNEREAS, at an informal meeting of this Board the County Executive and County Attorney were directed to attempt to negotiate the purchase of said property from Commonwealth Utilities, Incorporated, at a higher price, and pursuant to said authorization, the County Attorney re-opened negotiations with officials from Commonwealth Utilities,?~ Incorporated and was successful '~n securing acceptance by tho s~ officials of an offer to purchase said property at a price of $180,000.00. NOW, TBERE~, BE IT BESOLVED that this Board hereby approve~ the purchase of the real estate and other tangible property of Commonwealth Utilities, Incorporated., at a price of $180,000.00 in cash pursuant to an agreement dated Novembe~ 19, 1968, a copy of which is attached to the minutes Of this meeting--~ and the County Executive and County Attorney are hereby directed to take all steps that may be necessary or advisable to con- summate that sale according to the provisions of said agreement and all actions previously taken by the County Executive and County Attorney in connection with said purchase are hereby ratified. BE IT FURTHER RESOLVED that the Albemarle County Service Authority be and it hereby is requested to serve as agent for this Board to operate the water and sewer systems purchased from Commonwealth Utilities, Incorporated, beginning December 1, 1968. At 1:30 p.m. the Chairman called for public hearings on applications for conditional use permits as advertised in the Daily Progress on November 1, 8 and 1~, 1968, as follows: (1) Application of _Holmes~. Payne-for conditional use pe~umit to locate mobile home on ~o$~ 2~..~4,~o~a~d~c~s Subdivision. (Carried over ~om October meeting~~) Mr. Humphrey advised that he has still been unable to conta~:t Mr. Payne since the Board's September meeting. This matter was given con- siderable discussion after which motion was made by Mr. Gibson, seconded by Mr. ~ce~, to consider the application withdrawn. (2) Application of ttobert Walker to locate a radio tower and antennae on property located north of Interstate 6~ at Route 250 near Shadwell. Mr. Walker appeared in support of his application, no one appeared in opposition. The staff and Planning Commission approved this application subject to the following conditions as outlined by Mr. Humphrey: 1. Plan of construction being filed in the office of the secretary of the Planning Commission. 2. Traps be provided in connection with the antennae to eliminate possible TV interference in the operation of the antennae. THIS AGREEMENT OF SALE made this i9th day of November, by and between COMMONWEALTH UTILITIES, INCORPORATED, a Virginia public service corporation, hereinafter called the, Seller, and THE BOARD O SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA, hereinafter-called the Buyer, _ WITNESSETH: That for and in consideration of One Thousand Dollars ($I, 000.00) cash in hand paid by the Buyer to the Seller, and of the other payments and mutual covenants hereinafter described and set forth, the Seller hereby agrees to sell to the Buyer, and the Buyer hereby agrees to purchase all of the real estate situated in Albemarle County, Virginia, owned by the Seller and all of the Seller's tangible personal property in said County employed and used, or held for use, by the Seller in its operations as a public Service company providing water supply and sewerage Service within the Berkeley Community subdivision and surrounding territory in said County. The property covered by this agreement shall include, but shall not be limited to, well lots, wells, water filtering, purification and pumping equipment, easements for pipe lines, meters, sewage treatment equipment, water pipes, sewer pipes, replacements parts, pipe, all other tangible property owned by the Seller, and all rights and privileges owned or reserved to .the Seller as a public service corporation under the laws of Virginia and the rules and regulations of the Virginia State Corporation Commis sion, including certificates of convefiience and {~eces sity to serve specified areas in said County. The sale price payable to the Seller bythe Buyer at.settlement under this contract shall be $180, 000. 00 of which $1, 000. 00 has been paid and the ~ :'!;: ', ' ...: _.i ' : ':" ..' ' .::t :'-~' :" i-:: .-: :', :_ :.' 3 On motion of Nr. Wheeler, seconded by Er. Way, Er. Walker's application was approved with the same conditions set forth by the Planning Commission. 423 remainder of which will be paid in cash at the time of settlement as herein- after set forth. At settlement, the Seller will deliver to the Buyer the following docu- ments: 1. A release and quitclaim deed suitable for recording, executed and delivered by the duly authorized officials of the Roman Catholic Diocese of Richmond, Virginia, releasing and conveying to Commonwealth Utilities, Inc., all of the right, title and interest of said authorities in and to the property of the Seller and terminating all rights and privileges of said authorities to claim and receive water or sewerage services free of charge or at any prefer- ential reduced charge from the Seller or its successors. 2. Good and sufficient deed or deeds conveying to the Buyer mer- chantable title to all real property owned by the Seller in Albemarle COunty, Virginia, including easements and rights of way for distribution of water and collection of sewage, with general warranty of title and the usual statutory covenants of title. 3. Good and sufficient bill or bills of sale with detailed inventory lists attached assigning to the Buyer all of the machinery equipment, materials ~ -i and other tangible personal property owned by the Seller and used or held for use by it in connection with its operation of its water and sewerage systems with warranties of title. 4. Assignments and transfers of all franchises, certificates of con, venience and necessit~y, licenses, and similar rights and privileges'attendant thereon owned or held by the Seller by virtue of authority granted, to it by the law of Virginia and orders of the State Corporation Commission, insofar as · the same shall b3~ assignable by the Seller. On motion of Nr. Wheeler, seconded by Mr. Way, Mr. Walker's application was approved with the same conditions set forth by the Plarming Oommission. 5. Assignments of all contracts to supply water and sewerage services to its customers and of all revenues resulting from said contracts from and after December, 1968. 6. A list of all contracts with customers in force as of November 30, 1968, and a schedule of rates a~pplicable thereto for charges for Services provided. 7. Any and all maps and specifications which show the locations of wells, pipe lines, meters, connection points, etc. for the water and sewerage systems established by the Seller. 8. Any and all architectural and engineering drawings, plans and specifications relating to the construction and maintenance of said water and sewerage systems. And the Buyer hereby covenants and agrees that, after this sale has been consummated, it will: 1. Continue to operate said waterand sewerage system, assuming ail the Seller's obligations to provide service to all customers of said system in a manner equal or better than the service previously provided by the Seller at rates and charges equal to the rates' and charges previously set by the Seller or at rates and charges equal to those set by the Buyer or the Albemarle County Service Authority for customers of the other systems owned and operated by the Buyer or by said Authority. Such rates and charges may be increased by the Buyer or said Authority only in the manner provided by the laws of Virginia applicable thereto. 2. Indemnify the Seller and hold it harmless from any claims of its customers for damage or loss resulting from actions of the Buyer or its agents in the operation of said systems occurring on or after December 1, 1968. On motion of ~r. Wheeler, seconded by ~r. Way, Mr. Walker's application was approved ~rith the same conditions set forth by the Planning Commission. Settlement under this agreement will take place November 30, '1968, at the office of the County Executive of Albemarle County in Charlottesville, Virginia, or at such other place as the parties may agree upon. At settlement, if the Seller delivers to the Buyer the documents specified herein, the Buyer will pay to the Seller or. its agent or attorney the - _sum of $179,000. O0 in cash, the remainder of the purchase price. The obligation of the Buyer shall, however, be subject to examination of title to all real estat~ conveyed, by the Buyer's attorney, and to verification of inventories of personal property by the Buyer's .agents, such examination and verification to be completed before closing/November 30, 1968, and should such examination reveal a material title defect, or should such inven- · tories not be produced and vertified to the Buyer's satisfaction, the Buyer may declare the Seller' in default hereunder. If such default is not corrected within a reasonable time after notice to the Seller, this agreement may, at the election, of. the Buyer, be declared void in which event the ,Seller will refund to the Buyer all sums previously paid pursuant hereto. The Seller and the Buyer further hereby covenant and agree that they will join in seeking approval of the State Corporation Commis s ion of Virginia for this sale, and that, this contract is conditional upon such approval. Settlement hereunder will not be made until and unless such approval is ~._~.i granted by official order of said Commission, and if such approval Cannot be obtained within ~ reasonable time, this agreement will be void and all sums paid by the Buyer will be refunded. The Seller further covenants that it will, from the proceeds of this sale, promptly pay all lien debts uponthe property to be conveyed and will also pay all of its current accounts and outstanding obligations in the manner directed by Honorable Philip H. Hickson, Referee in Bankruptcy for the U..S.- 7 On motion of Nr. Wheeler, seconded by Nr. Way, approved with the same conditions set forth by Nr. Walker's application was the Planning Oommission. F District Court for the Western District of Virginia in his order of November 15, .1968, in Bankruptcy Proceeding No. 707, re Sterling R. Decker et al. All tolls and other receipts for water and sewerage service furnished on or before November $0, 1968, shall be the property of the Seller and all charges for wages, electric service, chemicals and supplies earned or paid on or before November $0, 1968, shall be the obligation of the Seller. All tolls and other receipts for water and sewerage service furnished on or after December 1, 1968, shall be the property of the Buyer, and all charges for wages', electric service, chemicals and supplies purchased on or after December I, 1968, shall be the obligation of the Buyer. All customers' deposits held by the Seller will be turned over to the ~_. Buyer with a list thereof verified by affidavit showing the names and address of each customer and the amount of his deposit. The Buyer will thereafter indemnify the Seller and hold it harmless from· any claims by such customers for refund of such deposits. Purchaser agrees to honor the Seller's right of disconnecting service for nonpayment of service charges incurred before December I, 1968, or to indemnify Seller against loss for such nonpayment. WITNESS the following signatures and seals: (SEAL) Attest: ~ecretary THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA COMMONWEALTH UTILITIES, INC. President .... By: County Executive x~o On motion of Mr. Wheeter~ seconded by Mr. Way, Mr. Walker's application was approved with the same conditions set forth by the Planning Commission. (3) Application of Roie ~. Godsey to locate a stable for light horses and ponies on property located in Northfields Subdivision. Nr. Godsey appeared in support of his application, no one appeared in opposition. Er. Humphrey advised that the staff and Planning Commission approved this application ~subject to continued compliance with the re- quirements of the Health Department. On motion of ~. Wood, seconded by Er. Yancey, Er. Godsey's application was approved on the same condition as set forth by the Planning Commission. (4) Application of Catherine Wood Herrschaft to locate a mobile home on one acre on-Route 789 (Buck ~ountain Road). Er. Herbert Pickford, Attorney, appeared for Ers. Herrschaft. No one appeared in opposition. Kr. Humphrey advised that the Planning Commission approved this application subject to existing trees remaining for screening. On motion of Er. Gibson, seconded by Er. Tancey, this application was ap- proved subject to the same condition set by the Planning Commission. (~) Application of Robert W. Lumpp to locate a mobile home on 18~ acres on Stony ~oint Road (Route 20 North), one mile north of Proffit Road. Er. Humphrey advised that Er. Lumpp was at the meeting earlier but had Wo leave. No one appeared in opposition. Er. Humphrey stated that this appli- cation was approved by the Planning Commission subject to being placed so as not to be visible from Route 20, utilizing existing tree cover. On motion of Er. Yancey, seconded by Er. Wood, this application was approved, subject to the same conditions set forth by the Planning Commission. Ers. ¥irginia S. ~arks, Welfare Superintendent, appeared and explained the Food Stamp Program, giving benefits, estimated costs, personnel required, etc. Communication was also received from Nfs. Harriett Duncan supporting such a program. Recommendation of approval was received from the Welfare Board for a period of one year to be evaluated at the end of that time. On motion of N~. ~gheeler, seconded by Er. Yancey, the following resolution was unanimously adopted: ~KEEEAS, the Albemarle County Welfare Board has recommended to this Board that application be made to the State Department of Welfare and Institutions for authorization to participate in the Food Stamp Program; NOW, THEREFORE, BE IT BESOLVE~ by the Board of County Super- visors of Albemarle County, Virginia, that the recommendation of the Welfare Board be and is hereby approved. HE IT FURTHER RESOLVED that this plan be reviewed and evaluated at the end of one year's operation in order to deter~z[ne whether it has served the purpose for which it was intended. Nr. Gibson reported that according to law it is necessary to make recommendations with respect to any change in operation of the Community Action Agency for the year begir~uing Larch I st by December 1 st and that if changes are desired a public hearing would be necessary. There was some question as to the amount of time required for public notice of such a hearing and the County Attorney was requested to investigate this matter. The following Court Order was received from Judge Waddell: "The commiasioners of 'the election held November ~, 1968 pursuant to section 4-98.12 on the question whether mixed alcoholic beverages may be sold in Albemarle County by restaurants licensed under Chapter 1.1 of Title 4 of the Code of Virginia having certified to the court that the majority of votes cast were for such sale, it is hereby ordered and proclaimed that at said election the majority of votes cas~ on the said question were for the sale of mixed alco- holic beverages by restaurants so licensed. A copy of this order shall be transmitted to the Alcoholic Beverage Control Board and to the Board of Supervisors of Albemarle County." On recommendation of the County Planner, the following resolution was offered by Nr. Way, seconded by Nr. Gibson, and unanimously adopted: BE IT BESOLVED, that the Albemarle County Board of Supervisors is desirous in effecting sound land use planning in all areas of the County; and WHEREAS, Albemarle County has made application for a planning program under Public Law 701 for the physical and social development of the County; and ~gF~EAS, the County Board of Supervisors is in need of related studies to effectively carry out this program once adopted, such as information on the exten~ and frequency of flooding along the County's major streams; do hereby instruct the Planning Commission to initiate an application for a Flood Plain Information Study, to be accomplished with the cooperation of the U.S. Corp of Engineers; and BE IT F~RTi~ER BESOLVED, that the Board of Supervisors shall cooperate in providing all available assistance in the accomplishment of this endeavor to the extent of the following: A. Furnish any available information and data to the Corps of Engineers. B. Publicize the results of the study and make copies of the report available to the public. Provide flood plain information to zoning and other regulatory, develop~nt and planning agencies in addition to public information media for their guidance and appropriate action. Assure the preservation and safeguarding of survey markers, monuments, etc., established in any Federal surveys undertaken for Section 206 studies, or in regular surveys in the area concerned. Communication was received from the Virginia Association of Surveyors recommending that Plat Books be used in the Clerk's Office. Nr. D. B. Narshall, reporting for the Bar Association, stated that most attorneys would prefer to have plats recorded in Deed Books along with the deed in- volved, and they felt there was no need for a plat book. This matter was discussed and it was decided that a committee consisting of attorneys, surveyors and the Clerk meet to work this out. The matter of proposed airport additions was b~ought up. After lengthy discussion, at which time availability of local matching funds was discussed and the need for the entire project considered, motion was made by Er. Gibson, seconded by Er. Wheeler, that in light of amount of money now and in the next fiscal year available to Albemarle County, that the County Executive be authorized to make application to the Federal Aviation Agency for the project of the extension of the operation apron and of the enlargement of the tie down apron and that the amount of i0nds applied for hereby Authorized is up to $200,000.00. Nr. Wood cast the only vote against this motion. Nr. Leslie Walton, in a communication addressed to the Chairman, sug- gested a trip to Chesapeake to view one of the new vocational centers. The County Executive suggested that arrangements might be made on such a trip to discuss with officials in Chesapeake the pros and cons of merger. On motion of Er. Way, seconded by Er. Wheeler, Nr. Walton's invitation was accepted and the County Executive was requested to make arrangements with Nr. Walton for December 9th or 10th. Claims against the County amounting to $850,442.19 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 Capital 0utaly Fund Virginia Public Assistance Fund Textbook Fund Dog Tax Fund County Water System Fund Town of Scottsville 1% Local Sales Tax Commonwealth of Va. Current Credit Acct. Total On motion, the meeting was adjourned. $ 63.31 28, o9o. 58 3o,470.57 747.42 1,290.9~ 66.33 o, 883.38