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HomeMy WebLinkAbout1969-02-20439 A regular meeting of the Board of County Supervisors of Albemarle County, Virginia, was held at the Office Building of said County on the 20th day of February, 1969 · Present: ~ess~s. E. N~ Garnett, Joseph E. Gibson, Peter T. Way, Gordon L. Wheeler, Lloyd F. Wood, Jr., and l~. 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 Nr. Way, seconded by Nr. Wheeler, minutes of the meeting of January 16, 1969, were approved as submitted. The t~esident Highway Engineer advised that St. George Avenue could now be recommended for acceptance into the Secondary System if the Bo~ard so de- sired. The following resolution was offered by Nr. Yancey, seconded by 'Wood, and unanimously adopted: BE IT tLESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the Virginia Department of Highways be and is hereby requested to accept the following section of road into the Secondary System, said road being listed as Priority No. 3 in recommendations of Road Viewers dated April 8, 1964, accepted by the Board of ~pervisors on ~ay 21, 1964: l~oad beginning on Route 1202 at corner of St. George Avenue and Wayland Drive in Crozet, Virginia, and extending 32~ feet to entrance of V. L. NcCauley. BE IT FL~qTHER RESOLVED that the County of Albemarle hereby guarantees the Virginia Department of Highways a ~0-ft. unob- structed right-of-way along this requested addition as recorded in the Albemarle County Clerk's Office, Deed Book 317, page 21~, and Deed Book 327, pages 490 and 492. Nr_. ~:.B.~_G..~-. Warner~,~ l~'siden~:~Engine~.~ -i~ adv,-~sed~ ~.th~ L~es0~uti~o~'~-adoD~ad~ .by Shi's ~B0_ard on .~archi'~ t~6,. t96~.,, i~th. regard~..~o~ Indus~tr. ia~ ~-AcC~ss_L~ds: was ap- parently not received by the Highway Department or was lost in the change- over of personnel at that time and this matter had been called to his atten- tion by .~nerican T~tephone and Telegraph Company who received a copy of said resolution. On motion of Nr. Wheeler, seconded by Nr. Way, updated resolution in this regard was unanimously adopted as follows: WHEREAS, communication has been received from American Telephone and Telegraph Company requesting improvement to a Section of Route 640; and I~J~EAS, it is the opinion of this Board that .the afore- mentioned request merits favorable consideration; NOW, T~FOP~E, BE IT I~ESOLVED bythe Board of County Supervisors of Albemarle County, Virginia, l~at the Virginia Department of Highways be and is hereby requested to allocate Industrial Access Funds for the immediate improvement of Route 640 between Route 231 and the access road of American Telephone and Telegraph Company., For informative purposes, copy 0£ letter from ~q~ericanI Telephone and Telegraph Company is attached to this resolution. On recommendation of Nzr. R. G. Warner, the following resolution was offered by Nr. ~neeler, seconded by ~r. Wood, and unanimously adopted: 'WHEREAS, Nr. R. G. Warner, Resident Engineer, .has advised that the Highway Department has been unable to obtain rights-of- way on Routes 608 and 646; NOW, TKERF~01~E, BE IT BESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the Virginia Department of Highways be and is hereby requested to transfer funds contained in the 1968-69 Secondary Road Budget for said Routes to Route 64~. Nr. Warner advised that the Board should be giving ;thought to-setting a date for annual road hearing in the near future. After discussion it was de- cided that the 1969 Road Hearing be set for 7:30 P.E. on ~arch 13, 1969. (NOTE: Sk~bsequent to this meeting, it was found that the Resident Engineer had a conflict on the above date and suggested 7:30 P.E. on the 27Dh..:of.~.~a~bk~~ The Clerk contacted each Board member by mail and it was agreed that-the Road Hearing be set for Narch 27, 1969 at 7:30 P.~. with ~due public notice to be given.) Er. Wheeler advised that just recently there was a school bus-train wreck at the Campbell crossing where vision is good and that this points to the need for signals at the Ivy and Keswick cr. ossings where vision is limited. Wheeler stated that he felt the Board's efforts to obtain signals at these crossings should be renewed and he would be willing to go along with ikmds from any source to remedy the situation. The railroad crossing into Sherwood Farms was also brought into the discussion. The County Executive suggested er that the Board request the State Highway Commission/for support and participa- tion in this regard. On motion of Nr. Wheeler, seconded by Nr. Gibson, the recommendation of the County Executive was accepted and it was ordered that a copy of the Board's request to Nr. Fugate be forwarded to the Albemarle Highway Safety Commission with a request for their support also. Mr. Way inquired as to the status of request for change in speed limit on Route 6 and at Keene. Mr. Warner advised that apparently his traffic department does not feel a change is warranted at this time but he will continue his efforts in this regard. Communication was received from Mr. and Mrs. Donald Hite regarding Route 637. It was ordered that this letter be acknowledged and held for the annual Road Hearing. ~r. Yancey again called to Mr. Warner's attention the parking situation in Crozet. Mr. Warner advised that the proper~ in question belongs to the railroad and Mr. Garnett stated that the County has an agreement wiDh C&0 for the use of this property. The Clerk was directed to forward a copy of such agreement to Mr. Warner. Mr. Walter Yotung appeared and requested the County's assistance in ob- taining rights-of-way on road off Route 691. Mr. Warner advised that it was the responsibility of the property ovmers involved to obtain such rights-of- way and he advised Mr. Young that he would be glad to work with him on this matter. 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 January, 1969. On motion of Nr. Yancey, seconded by Mr. Wheeler, these statements were unanimously approved. Statement of expenses incurred in the maintenance of the County Jail was submitted for the month of January, 1969, along, with summary statement of prisoner days. On motion of Mr. Yancey, seconded by Mr. Wood, unanimously carried, these statements were approved. Communications were received from the Board of Supervisors of Madison and Greene Counties agreeing to increase charge for care of prisoners from $1.00 to $2.00 per day, plus the base cost of $70.00, effective March 1, 1969. Reports of the Department of Public Welfare were submitted for the month of January, 1969, in accordance with Sections 63-67.1 and 63-67.2 of the Code of Virginia. Claim of the University of Virginia Hospital in the amount of $1,349.12 was submitted for hospitalization of indigent patients under SLH for the month of January, 1969, and on motion of Mr. Way, seconded by Mr. Wheeler, this statement, was unanimously approved for payment. The County Executive advised that one member of the Equalization Board had resigned and recommended that this Board be reduced to three members, the three who are currently serving, for the year 1969. On motion of Er. Wood, seconded by ~r. Wheeler, the recommendation of ~tr. Batche_ior was accepted and Messrs. Richard Florence, Randolph Wade, and J. T. Henley, Jr. were re- appointed to the Equalization Board for the year 1969. The Chairman advised that he had appointed Mr. Lloyd ~ood to the joint Mental Health Committee which is to make recommendations to this Board to City Council on appointments to the Charlottesville-Albemarle Community Mental Health Services Board. Communication was received from Mr. Louie L. Scribner, Chairman of the Charlottesville-Albemarle Economic Development Commission, advising that the terms of the six representatives of the County on this Commission had ex- pired. The Board was advised that those presently serving ha~ all agreed to continue. On motion of Mr. Yancey, seconded by Mr. Wood, and unanimously adopted, Messrs. t~oscoe Adams, Jr., Joseph w.. Gibson, James Nottingham, John Rogan, Cecil Smith, and ~Villiam B. Trevillian were re-appointed to the Econo- mic Development Commission (formerly the Industrial Commission). Mr. Lloyd Wood called the Board'~ attention to the fact that Mr. Edward Guthrie, Deputy Sheriff, was severely wounded while serving alone on night duty. He stated that it was his feeling, and the feeling of a number of citizens in the County, that personnel in the Sheriff's department should be sufficient for deputies to work in pairs during the night hours or that the County investigate the possibility of training dogs through the Canine Corps to work with night men, and requested permission for the County Executive to explore the situation~ On motion of Mr. Wood, seconded by Mr. Yancey, Mr. Wood's recommendation was accepted and Mr. Wheeler recommended that the County Executive work with the Sheriff in this regard. At 10:00 A.M. the Chairman called for public hearings on zoning requests as advertised in the Daily Progress on January 31, and February ? and 1969, as follows: (~) Request of Mildred Macon and Lyttleton Yates to rezone 133.63 acres from Agricultural A-1 to Manufacturing M-2 located between Routes 689, 688 and 684 in Samuel Miller District. Mr. Ed Deers appeared as attorney for the applicants. Mr. Humphrey vised that the staff recommended that no action be taken on this application until hearing application for another quarry scheduled for March 20th, that today's hearing be adjourned and both be heard at the same time. The County Executive recommended on site inspection of the locations the date of the meeting or before. After discussion, it was agreed that the Board would make on site inspections beginning at I :00 P.M. on Friday, March 21st, and public hearing on quarry applications was set for 7:00 P.M. onthe same date at the Court House. Mr. Deers agreed to this action. (2) Application of Stanley L. and Virginia G. Patterson to rezone 54.4 acres from Agricultural A-1 to Nanufacturing ~-1, located on l~oute 684 and having 700 feet o~ frontage on subject to&d, Samuel Niller Di strict. Mr. ttumphrey advised that hearing on this application was concluded at meeting of the Planning Commission and later request was received to with- draw application and the Planning Commission accepted the request~ and recommended to this Board that the applicants be allowed to withdraw with- out prejudice. On motion of Nr. Gibson, seconded by Mr. Wood, and unani- mously adopted, the recommendation of the Planning Commission was accepted. (3) Application of Gordon Burton to rezone 36 acres from Agricultural A-1 to Residential R-1 to permit less than two acre lot development. Located at "~idway" with frontage on l~outes 635, 688 and 684. Mr. Humphrey advised that the staff and Planning Commission recommended that action on this request be deferred since the outcome of this application was definitely effected by the zoning case pending with regard to a quarry across from this location. ~r. Burton was present and stated that he would like for the Board to act on part of his application so that he could begin development. However, it was the feeling of the Board that the request should be handled a's a whole. On motion of Mr. Gibson, seconded by Mr. Wood, action on this request was deferred until Narch 21st. Mr. Burton agreed to this deferrment. (4) APplication of Goldene R. Wells to permit a general store in an Agri- cultural A-1 district. Located on Route 53 approximately one half mile west of intersection with Route 792. No one from the public appeared with regard to this application. Mr. Humphrey advised that the Planning Commission approved this request subject to the store being located at a minimum distance of 50 feet from the right-of- way line of Route 53 and subject to all normal zoning regulations. On motion of Mr. Wood, seconded by Mr. Yancey, unanimously adopted, Mr. Wells' applica- tion was approved with the same conditions set by the Planning Commission. (5) Application of City. of Charlottesville for conditional use permit for sewer transmission facility in the Canterbury Hills area along Route 29 and the 250 By-Pass. No one appeared with regard to this ~pplication. Mr. Humphrey advised that the Planning Commission approved this application as submitted. On motion of Nr. Wood, seconded by Mr. Gibson, unanimously carried, the applica- tion of the City of Charlottes~zille was approved. (6) Application of L. George Kirby for conditional use permit to locate a mobile home on 13.49 acres on Route 6 at Es~aont. ' Mrs. Kirby appeared in support of this application. No one appeared in opposition. Discussion brought out the fact that this trailer was. parked at the proposed location before application was applied for and Mr. Wheeler ex- pressed opposition to this practice which apparently is happening in nt~nerous instances throughout the County. After some discussion, motion was offered by Mr. Gibson, seconded by Mr. Wood, and un~n~mously adopted, giving appr.Sval to Mr. Gibson's application. In further discussion, Mr. Wheeler sta~ed ~hat the Board should seek strict enforcement with regard to trailers immediately. The County Attorney suggested that the Zoning Administrator be instructed to write all mobile home dealers in and selling to the area. On motion of Mr. Gibson, seconded by Er. 'Wheeler, Mr. Narshatl's recommendation was unanimously accepted. (7) Application of Herbert F. Spradlin for conditional use permit to locate a mobile home on 15.25 acres in Woodridge are~on Route 618. No one from the public appeared with regard to this request. Mr. Humphre~ advised that the Planning Commission approved this application and he recom- mended approval subj~cttto 100 ft. setback and approval by the Health Depart- ment on location of septic tank and well. On motion of Mr. Way, seconded by Mr. Yancey, Er. Spradlin's application was unanimously approved, subject bo con- ditions recommended by the PlanninE Staff. The County Executive sulmzitted suggested resolution and proposed escrow agreement with State-Planters Bank of Commerce and Trusts. He recommended adoption-of the resolution and agreement designating said bank as a depository for County funds so that said bank could be requested to bid on monies to be deposited af~ter tax collections in the fall. Mr. Yancey offered motion to accept the County EXecutive's recommendation, which motion was seconded by Mr. Way. Mr. Gibson stated that he felt more could be gained by keeping funds on deposit locally than the few percentage points of interest which might be re- ceived from the RichmOnd bank. Mr. ~heeler stated that he supported Mr. Gibson in this matter. Mr. Way withdrew his second in light of this discussion and the motion died for lack of a second. On motion of Mr. Gibson, secondei by Mr. Wheeler, unanimously carried, the request of State-Planters Bank of Com- merce and Trusts was denied. Communicztion was received from ~. Ray B. Jones, Asst. Director of Finance, advising that James C. Billet was assessed for an automobile in Albemarle County and paid taw on same in the amount of $91.52. He stated that his department made the assesmflent .on the basis of local license purchased in April, 1965. However, he had been advised by the Commissioner of Revenue of Shenandoah County that this vehi, cle was located in that county and taxed as of January, 196.8. On motion of Mr. Gibson, seconded by Mr. Wood, unauimously adopted, re- fund in the amount of $91.52 was approved for Mr. Billet. Notice was received from the State Corporation Commission of public hearing at 10:00 A.M. on April 8, 1969, on application of Southern Railway Company 'for authority to discontinue agency station and dismantle the depot building at North Garden. Communication was received from J. W. Jones, Secretary of the District Home, enclosing copy of deed conveying au easement to the City of Waynesboro for the construction of a sewer line to serve the District Home property. On motion of Nr. Gibson, seconded by Nr. Yancey, unanimously carried, said deed was approved and the Chairman was authorized to sign same on behalf of the County of Albemarle. Notification was received from T. Edward Temple, Director, Division of ~ State Planning and CommUnity Affairs, of public hearing for proposed planning : 0 districts to be held at 7 3 P.M. on February 26th at Newcombe Hall. The County Executive reminded the Board that the Legislative Conference of the National Association of Counties would be held March 2-~, 1969, at the ~ariott Twih Bridges Motor Hotel, .Washington, D.C. ~ Claim against the Dog Tax Fund was received from Gordon M. Buck for two ewes killed by dogs. On motion of Nr. Yancey, seconded by Nrm. Gibson, unani- mously carried, Er. Buck was allowed $18.00 for each of these ewes. The County Executive submitted 60-day option agreement signed by Eliza- beth E. Fitch for option to purchase at a price of $1~,000 land situated on or near the waters of Preddy's Creek in Albemarle-Orange County, Virginia, in connection with development of the Preddy's Creek Watershed Project. On motion of Er. Way, seconded by Er. Wood, and unanimously approved, the County Executive was authorized to exercise this option. The County Executive also advised that he had exercised agreement with A1 Dwyer for purchase of ~00 acres and re- quested ratification. On motion of Er. Wood, seconded by Er. Yancey, unani-. ~ mously adopted, this action was approved. On recommendation of the County Executive, the following resolution was offered by Er. Gibson, seconded by Er. Wood, and unanimously adopted: WHEREAS, the Albemarle County~ Board of Supervisors is interested in participating in the Statewide Law Enforcement t Plan; and WHEREAS, the Albemarle County Board of Supervisors find~the planning grant available to them inadequate and county sAaff participation unavailable; THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby requests the Virginia~State Law Enforce- ment Council, in cooperation with the State Council on higher education courses, make available a planning team to assist Albemarle County in preparing it~ component of the State Law Enforcement Plan in lieu of receiving the planning Grant of $1,296.32. Communication was received from the Louisa County Board of 'Supervisors requesting that this Board adopt a resolution approving the proposed North Anna River Power Station Project of Virginia Electric and Power Company as originally designed with a minimum release of 40 cfs of water down stream. Since the information furnished with regard to draw down of the waters of the reservoir was insufficient for this Board to act upon, the CoUnty Executive was requested to write a letter to Nr. Dean Agee, Executive Secretary of Louisa County, advising that this Board supports plans for recreational facilities but does not feel it has sufficient in~ormation to adopt the resolution proposed. Communication was received from t~r. George Long, Executive Director of the Virginia Association of Counties, advising that Albemarle County's pro- portionate part of the total estimated cost of counsel in connection with petition of Virginia railraod assessnmts before the State Corporation Com- mission. On motion of ~. Gibson, seconded by Nr. Yancey, rules with regard to second reading were~suspended and the following resolution unanimously adopted: BE IT P~SOLVED by the Board of County Supervisors of Albemarle County, Virginia, that $9~8.00 be and the same is hereby appropriated to the Virginia Association of Counties as this County's share of counsel employed in connection with hearing before the State Corporation Commission on railroad assessments. The following resolution was received from the School Board: "BE~'IT BESOLVED: That the Albemarle County School Board does hereby re- quest the Board of Supervisors of Albemarle County to join with the said School Board in making application for a Literary Loan of $3~0,000.00 for the purpose oN building a permanent addition of nine classrooms to the Stone-Robinson Elementary School located at Shadwell, Virginia." The following resolution was offered by Nr. Wheeler, seconded by Er. Way, and adopted by the following recorded vOte: AYES: Nessrs. Garnett, Gibson, Way, Wheeler and Yancey. NAYS: None. ABSENT (during this portion of meeting): Er. Wood WHEREAS, The School Board of Albemarle County, ontthe 20th day of February, 1969, presented to this Board, an application addressed to the St~ale Board of Education for the purpose of borrowing from the Literary Fund.$3~0,000.00 for the new school building (or for adding to or improving the present school build- ing) at Shadwell, Virginia, to be paid in 20 annual installments, and the interest thereon at 3 per cent paid annually, provided there are sufficient funds in the Literary Fund at the time the money is called for by the School Board. If, in the discretion of the State Board of Education, it appears advisable to provide money for this loan through assign- ment to the Virginia Retirement System, the rate of interest on this loan will be not less than two nor more than four per cent per annum. BESOLVED, That the application of the County School Board to the State Board of Education for a loan of $3~0,000.00 from the Literary Fund is hereby approved, and authority is hereby granted the said County School Board to borrow the said amount for the purpose set out in said application. The Board of Supervisors for said County will each year during the life of this loan, at the time they fix the regular levies, fix a rate of lewy for schools or make a cash appropriation sufficient for operation expenses and to pay this loan in annual installments and the interest thereon, as required by law~ regulat- ing loans i~rom the Literary Fund. Communication was received from James Jordan, President, CA0, requesting funds to help support the operation of the W. D. Ward Center at Esmont. The County Executive recommended th. at the letter be acknowledged with advice that an appropriation of County funds for this project would set a precedent and that all such funds must be channeled through the Community Action Organiza- tion. On motion of Nr. Gibson, seconded by Nr. Wheeler, unanimously adopted, the recommendation of the County Executive was accepted. Communication was received from Thomas E. Bruce, Jr. requesting that the Albemarle County Board of Supervisors exercise every means at their command to attempt to change the decision with regard to the location of the Community College for the 18th Region. Resolution was also received from Town Council of Scottsville urging this Board to refuse to participate financially in the acquisition and development of the Charlottesville site selected for Region 18, to reaffirm its endorsement of a Scottsville area site as the most practical and suitable location, and to continue efforts along with the governing bodies of other Counties of the Region to secure approval by the State Board of Community Colleges of a Scottsville site as an alternate location. There were a number of citizens present From the Scottsville area with regard to this matter. The Connty Executive gave a detailed background of the matter, referring to the guidelines first laid down by the Community Dollege Board, the numerous letters, telephone calls, and trips of various County officials in support of the Scottsville site, and the las~ guide lines received which were completely different From the original. Nr. Way stated that he is con- cerned over the participation of other counties in this region and the way the Community College Board handled this situation. Nr. Pearson 'Scott, speaking for the group present, stated that southside residents are unani- mously opposed to the Board of Supervisors committing itself to the purchase of the Shoik~ner tract. AFter much discussion, motion was offered by Nr. Gibson, seconded by Nr. Wheeler, to SusDend rules with regard to second reading and adopt the following resolution. This resolution was adopted with Nr. Way casting the only vote against it: BE IT P~ESOLVED by the Board of County Supervisors of Albe- marle County, Virginia, that $6,089.37 be and the same is hereby appropriated as Albemarle County~ s share of down payment on pur- chase of land for the Community College in Region 18. Statement was received in the amounDc0~f $8,~74.1 ~ From Hantzm~n, Wiebel and Company for audit of the County's accounts for the year ending June 30, 1968. On motion of Nr. Yancey, seconded by Nr. Way and unanimously adopted, this bill was approved for payment and it was ordered that this firm be en- gaged for the audit of accounts for the current fiscal year. At 2:00 P.E. the Chairman called for public hearing on proposed ordi- nance entitled"An Ordina~uce to Amen& Chapter 9 of the Albemarle County Code by Adding Thereto Article VI s_ud Section 9-,22 Relating to Collection of Real Estate Tax in Semi-Annual Installments" as advertised in the Daily Progress on February 6 and 13, 1969. Eotion was offered by Nr. Gibson to table the proposed ordinance and adjourn the public hearing. This motion was seconded by Nr. Wheeler. ~r. Landon Birckhead asked if the Board ordered publication of this hearing and was advised that the matter was handled administratively. Nr. Joe Stevens asked if the split billing was proposed for this year or all years to come and~was advised that the motion before the Board was to table the ordinance. After brief discussion, the Chairman called for vote on the motion of Nr. Gibson and the motion was unanimously adopted. Mr. Lloyd Smith appeared with request to revise the COunty's contract with the S.P.C.A. for the keep oF dogs. The Board was advised that since the contract was made in 19~9, their expenses have increased 5~%. It was requested that the contract be amended to increase the per diem cost From $0.6~ to $1.00. Nr. Wheeler said he felt this was a reasonable request and moved to approve the new contract, which motion was seconded by Nr. Yancey. Nr. Gibson offered substitute motion to take the contract under advisement and consult with the City of Charlottesville before taking action, which motion was seconded by Nr. Way and unanimously adopted. Iteports of the S.P.C.A. for the months of December and January were received. CommUnication was received from the Agriculture Committee of the Scottsville Chamber of Commerce advising that thistles arum increasing rapidly throughout the county, particularly in that area where there are a sizable number of absentee landowners. They requested, if possible, that this Board enact an ordinance which would require landowners to spray to control thistle. Nr. Lewis Smith, County.~Agent, appeared with regard to this matter on request of the CountY Executive. He confirmed the problem which does exist in Albemarle County and advised that there is enabling legislation For Counties to adopt. : such an ordinance. He advised that Pulaski, Clarke, Botetourt and Washington Counties have adopted ordinances but that Clarke County has experienced difficulty with the spray damaging oak trees. An Alberene resident presented copy of communication from the Virginia Commercial Beekeepers' Association with regard to bee losses re- sulting from the use of pesticides. After discussion, it was ordered tb~t ordinances be obtained from the aforementioned counties before ZhZther action is taken by this B°ard. Claims against the County amounting to $61~, 203 . 31 were presented, examined, and allowed, and certified to the Director of Finance for payment and charged against the' following funds: General Revenue Fund General Operating Fund School Operating Fund Virginia Public Assistance Fund Textbook Fund Cafeteria Fund Capital Outlay Fund Dog Tax Fund County Water Systems Fund McIntire Trust Fund Town of Scottsville 1% Local Sales Tax Crozet 'Sanitary District Fund CommonWealth of Va. Current Credit Account Total $ 16.6~ 93,691.3~ ~o4,69~.3 24'916 1,797.59 10,087.50 22.660.B7 $ 61 ~, 203.31 On motion, the meeting was adjourned. Chairman