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HomeMy WebLinkAbout1969-03-20 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 Narch, 1969. Present: Nessrs. 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 Mr. Garnett. Ninutes of the meetings of February 20, Narch 6 and ~arch 11, 1969, were approved as submitted on motion of Mr. Wheeler, seconded by Er. Way, and unani- mously carried. The Chairman recognized students from Albemarle High School who were elected as student representatives on the Board of Supervisors for Student Government Week. The spokesman for the group advised that they endorsed the proposed merger of Charlottesville and Albemarle and wished to recommend that study be given to a recreation complex for youth in the consideration of merger. Communication was received from R. G. Warner, Resident Engineer, regarding certain changes in the Secondary System and requesting approval of this Board. After review, the following resolution was offered by Mr. Way, seconded by Mr. ¥ancey, and unanimously adopted: W~.~AS, certain changes have resulted in the Secondary System due to re~ocation and construction on Routes 20 and 6; and WHEREAS, it has been determined that no public hearing is necessary in this instance due to the fact that property owners involved have access to the new locations; NOW, THEREFORE, BE IT RESOLVED by the Board of County Super- visors of Albemarle County, ¥irginia, that the following transfers and abandonments be and they are hereby approved, each section listed being indicated on sketch presented to this meeting and made a part ~f the Board' s permanent file: Section 1 - To be transferred into the Secondary S~stem, .10 mile as shown in red. Section 2 - Section showing Route 20 and Route 6, changed to Route 6, .14 mile as shown in green. Section 3 - To be abandoned and taken into mew location of Route 20, .04 mile as shown in orange. Section 4 - To be added to the Secondary System, .1~ mile as shown in brown. HE IT FURTNER ttESOLVED that..copy of this resolution be forwarded to the Virginia Department of Highways. Nr. Yancey made inquiry with regard to road into Yancey's Nill. Nr. Coats advised that the contractor had refused to do this work under his contract and although the Highway Department is working on this, the paper work is holding the project up at the present time. Communication was received from ~ontague, ~iller and Company requesting resolution from this Board for installation of street signs by the Highway Department in Woodb~omok Subdivision. The following resolution was offered by Nr. 'Wheeler, seconded by Nr. Way, and unanimously adopted: BT IT I~ESOLVED by the Board of County ~upervisors of Albemarle County, Virginia, that the Virginia Department of Highways be and is hereby requested to install and maintain street signs in the Woodbrook Subdivision, said signs to be furnished by Nontague and ~ller Company, developers of Woodbrook Subdivision. Nr. Yancey inquired as to the status of the parking situation in Crozet. Nr. Coats advised that Nr. Warner is checking on the lease with the Railroad Company and expects him to report at the next meeting. Communication was received from Nr. Roscoe S. Adams, Jr. and other interested citizens regarding proposed widening of the 29-250 By-pass to four lanes from the city line to the intersection of l~oute 250 West while the present construction is being done and contractors have their equipment in the area. Since this letter was just received prior to the Board meeting, the Clerk was requested to send each Board member a copy of this communication in order that it may be reviewed before the April meeting, at which time it would be considered. The County Executive advised that ~r. Ed Deers, attorney, had requested that hearing scheduled for Earch 21 st on zoning request of Eildred Eacon and Lyttleton Yates be deferred to coincide with hearing on application of Hattie E. and Samuel E. Pugh.. Nr. Batchelor noted that the Pugh application had been withdrawn and they had reapplied for hearing on April 7th, before the Planning Commission. Nr. Deets, who was present, requested that both hearing~be held at the same time with a view of the sites immediately before the meeting. The County Executive recommended that the Board take no further quarry appli- cations until after natural resources inventory and master plan. In discus- sion that followed, the possibility of deferring all hearings set for the 21 st was considered. However, Nr. Yancey opposed deferring the hearing on the Burton application and Nr. Humphrey advised that Dr. Hurt was unable to contact interested parties out of town with regard to his application. After lengthy discussion, motion was offered by Mr. Gibson_, to defer the Macon and Yates hearing to coincide with the hearing on the Pugh application. This motion was seconded by Er. Wood and unanimously adopted. Statements of Expenses of the Department of Finance, the ~neriff's Office and the Office of the Commonwealth's Attorney were su~nitted for the month of February, 1969. On motion of N~~. Yancey, seconded by Mr. Wood, these statements were unanimously approved. Statement of expenses incurred in the maintenance of the County Jail was submitted along with summary statement of prisoner days for the month of February, 1969. On motion of Mr. Yancey, seconded by Er. Way, these state- ments were unanimously approved. Communication was received from the Fluvanna County Board of Supervisors accepting increase in contract for the care of prisoners confined in Albemarle County, s jail from $1.00 to $2.00 p~r day, plus the base cost of $70.00, effec- tive March 1, 1969. , Reports of the Department of Public Welfare were submitted for the month of February, 1969, in accordance with Sections 63-67.1 and 63-67.2 of the Code of Virginia. Report on S.L.H. for'~the month of February, 1969, was received from Dr. S. D. Starkie, and on motion of Er. Wheeler, seconded by Er. Wood, was unani- mously approved. Claim of the University of Virginia Hospital in the amount of $388.16 was submitted for hospitalization of indigent patients under S.L.H. for the month of February, 1969. On motion of Mr. Gibson, seconded by Er. Wheeler, this claim was unanimously approved for payment. Report of the County Executive ~or the month of February, 1969, was re- ceived and ordered filed. Mr. Lloyd Wood, Chairman of the Albemarle Highway Safety Commission, ad- vised that the commission wished to prepare a stuffer to be mailed with all county mail listi_ug traffic offenses and penalties for violation. He stated that the estimated cost was approximatety $~.00 and requested an appropriation since there were no funds available to the commission. The County Executive advised that this small sum could be taken out of county funds. On motion of Er. Wood, seconded by Mr. Wheeler, and unanimously carried, preparation of such a stuffer was approved~ A~ 10:00 a.m. the Chairman called for public hearing on zoning request as advertised in the Daily Progress on February 28, ~arch 7 and March 14, 1969, as follows: .............. (1) Application of Alcova Associates, Inc. to rezone 100.2 acres from Agricultural A-1 to Residential R-t to permit less than 2 acre lots. Located on Route 769 adjacent to Key West Subdivision. Nr. Jack Schwab appeared on behalf of Alcova Associates amd several ~esidents of Key West were also present. Nr. Humphrey advised that the staff recommended that action on this application be deferred. However, the Planning Commission recommended approval. ~uch discussion was given to this matter after which motion was offered by N~. Wood, seconded by Yancey, and unanimously carried, approving application as submitted. The County Executive introduced Nr. J. Harvey Bailey, recent¢ly em- ployed by the County as County Engineer, replacing Nr. W. A. Towne~ who resigned. The Chairman advised that he had received comm~mication from Dr. Dana B. Hamel, Director of the Department of CommuniSy Colleges, requesting that he designate one member of this Board to serve on the Ad Hoc Committee to work with him on e~tablishing a local community college board. Nr. ~Garnett advised that he had asked ~. Gibson to serve in this capacity. Resolution was received from the Fluvanna County Board of Supervisors advising that that County would not contribute any funds for the acquisition of the land for the site of the t~egion 18 Community College near Highway 64 but would contribute its proportionate share of site improvement costs not exceedi~z$17,000.00. Report of the S.P.C.A. for the month of February, 1969, was received submitting bill in the amount of $110.10. On motion of Nr. Yancey, seconded by Nr. Wheeler, this report was unanimouSly approved. Claim against the Dog Tax Fund was received from Nr. H. B. ~Rea for 12 hens killed by dogs. On motion of Er. Yancey, seconded by Er. Wheeler, and unanimously carried, Er. Rea was allowed $1.50 for each of these hens. Claim against the Dog Tax Fund was received from Er. E. L. Sutherland for one ewe killed by dogs.~ On motion of Nr. Wheeler, seconded by Nr. Yancey, Nr. Sutherland was allowed $10.00 for this ewe. Communication was received from the Albemarle Education Association in support of the budget as adopted by the School Board and requesting this Board to adopt such budget. Since this letter was received after the tamtative docket was mailed out, the Clerk was requested to forward a copy to each member of the Board. The County Executive advised that he had been Contacted by the Daily Progress with regard to Albemarle County taking a full page ad at a cost of $400.00 for the specZal edition of the Daily Progress which will be published on April 13th in connection with the 1 ~0th anniversary of the University of Virginia. The County Executive stated that he felt this would open the door for other such reqnests and recommended that the County decline to take an ad. Nr. Gibson stated that he felt the Progress should be con- gratulated on the anniversary edition but agreed with Nr. Batchelor's recommendation. Communications were received from the counties of Clarke, Washington, Pulaski and Botetourt submitting copies of ordinances adopted with regard to control of musk thistle. Nr. Lewis Smith, County Agent, suggested that since the' County is not heavily infected that an ordinance be adopted on a trial basis and revoked at a later date if it does not prove to be success- ful. A resident of the Cobham area stated that the railroad company c~eates much of the problem in that the trains stir seeds intO the pastures. Smith also pointed out that the State would make a survey and notify land- owners to spray if the ordinance is adopted. The cost would be $4.~0 per acre and the locality would have the responsibility of collecting from the landowners. Nr. Guy Via stated that many farmers would be unable to afford to spray large acreages. After considerable discussion, the following motions were unanimously adopted: First, motion by Nr. Gibson, seconded by Nr. ~aeeler, requesting the Clerk to write the railroad companies asking for their cooperation, and second, motion by Nr. Wheeler, seconded by Nr. Gibson, referring the matter to the Farm Bureau for their consideration and recom- mendation. Nr. Wood submitted communication from Nrs. Barbara R. Ward concerning litter accumulated on Route 742 with pictures enclosed. It was pointed out that this problem has become worse since the County's dump was moved from this road. Nr. Wood stated that this is a County-wide problem. After dis- cussion,, motion was offered by Nr. Wood, seconded by Nr. Gibson, sad unani- mously adopted, referring this matter to the Sheriff with request that publicity be given through him that his department will enforce laws with respect to litter on the highways. Nr. Gibson stated that he is concerned about the radar unit purchased by the County not being used.. He stated that it is deplorable and inexcuse- able to spend $1,000.00 in taxpayers' money for radar equipment and not use it. After discussion of this matter, it was ordered that the Sheriff be requested to report to this Board on the use of radar equiDment and the effectiveness of such use. Communication was received from Nr. H. G. Kennamer, Jr., President of Citizens for Superior Albemarle Schools, Inc. enclosing t~eport No. 2 on the Albemarle County School System and requesting approval of the budget as adopted by the School Board. The Clerk was directed to acknowledge this communication and report. At 1:30 P.E. the Chairman called for public hearing on proposed amend- ment to the County Code relating to sale and consumption of wine on Sundays as advertised in the Daily Progress on Narch 6 and 13, 1969. The County Attorney read the amended ordinance as proposed. Mr. Bob l~oberts of King and Roberts spoke on behalf of wine wholesalers advising ~'that there were six restaurants in the area who serve wine on premises who feel they should be exempt from the ordinance as would be those who hold a license for sale of mixed alcoholic beverages. He explained that the wine which they were per- mitred to sell by the A.B.C. Board was not as strong as that which is fur- nished to holders of the mixed alcoholic beverage licenses. Mr. Wheeler stated that he felt the holders of mixed alcoholic beverage licenses shoUld be the only ones exempt. On motion of Mr. Wheeler, seconded by Mr. Gibson, unanimously adopted, the County Attorney was requested to confer~:~with the A.B.C. Board and the hearing on this proposed amendment was deferred until 1:30 p.m. at the next regular meeting. The Chairman called for public hearing on proposed amendment to the County Code providing for county license tax for holders of State license for sale of m~ xed alcoholic beverages. The County Attorney read the ordi- nance as proposed. No one from the public appeared in this regard. Mr. Wood stated that he is in agreement with revenue producing licenses but feels this proposed tax is of such small nature that it would prove to be a nuisance tax but if all businesses were taxe~ on a like basis, the reve- nue derived therefrom would be worthwhile. Mr. Wood stated that he would like to amend the proposed ordinance to include all businesses but was ad- vised by the County Attorney that this would require additional public hearing with the required public notices. After discussion, the Ordinance as proposed and advertised was offered for adoption on motion by ~r. Wheeler, seconded by Mr. Way, and unanimously adopted as follows: AN 0Pd)INANCE TO AMEND THE ~T.F, COUNTY CODE Fff ADDING TO CHAPTER 11 A NEW ARTI~ III RELATING TO MIXED ALCOHOLIC BEVERAGE LICENSES ~ICH SHALL CONTAIN NEW SECTION 11-22 PROVI~ING FOB COUNTY LICENSES AND ANNUAL LICENSE TAXES FOB HOLDERS OF VIRGINIA STATE LICENSES FOB SALE OF MIXED ALCOHOLIC BEVERAGES AT PREMisES LOCATED WITHIN ~LE COUNTY AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF. "BE IT ORDAINED by the Board of Supervisors of Albemarle County as follows: That Chapter 11 of the Albemarle County Code be amended by adding a new Article III containing a new section numbered 11-22 as follows: ARTICLE III. Nixed Alcoholic Beverage Licenses Sec. 11-22. Lilcenses for Sale of Nixed Alcoholic Bever. ages ~ Penalties for Failure to Obtain Same. 1. It shall be unlawful for any person holding a Virginia State license for sale of mixed alcoholic beverages to make any sales of such beverages at premises within Albemarle County without first obtaining a County license from the Director of Finance. Every holder of such State license shall be entitled to such County license upon payment of the appropriate tax set out hereinbelow: (a) For every public restaurant, including restaurants located on premises of ar~ operated by hotels or motels, with a seating capacity at tables of fifty to one hundred persons inclusive, two hundred dollars ($200.00) per annum. (b) For every such public restaurant with a seating capacity at tabla~ for more than one hundred persons, but not more than one hundred fifty persons, three hundred fifty dollars ($3~0.00) per annum. (c) For every such public restaurant with a seating capacity at tables for more than one hundred fifty persons, five hundred dollars ($~00.00) per annum~ (d) For every restaurant operated by and located on the premises of a private non-prOfit club, three hundred fifty dollars ($3~0.00) per 2. Any person who violates the provisions of the preceding section shall, upon conviction, be fined not less than fifty dollars nor more than three hundred dollars. Each sale in violation hereof shall constitute a separate offense." (Va. Code (19~0) - Sec. 4-98.19 and Sec. 1~.1-~0~) At ~.t00 P.E. the Chairman called for public hearings on the followLng zoning requests as advertised in the Daily Progress on February 28, Narch 7 and Narch 14, 1969: (1) Application of Ida D. Definbaugh for conditional use permit to locate a mobile home on 5 acres located on Route 671 just north of Route 66~. No one from the public appeared with respect to this application. Nrk Humphrey advised that the staff recommended approval subject to setback and side yard requirements being maintained as required for single family dwell- ings, approval of septic field and well location by the Health Department, and screening to be provided on north~ side of mobile home so as to shield from view of the existing single family dwelling if found to be in the best interest of the adjacent ~property owner. He also advised that the Planning Commission recommended approval in keeping with the~ staff's report. ~he third condition set forth by the staff was questioned, it being the feeling of the Board that the adjacent property owner should be protectede~W~though he may not be present at the public hearing. On motion of Nr. Gibson, seconded by Nr. Wheeler, the application of ~trs. Definbaugh was approved subject to the first two conditions as listed by Nr. Humphrey and subject to the third condition if in the discretion of the Planning Officer screening appears necessary. (2) Application of W. I. Vernon ~or conditional use permit to locate a mobile home on 184.75 acres just off Route Nr. Vernon appeared in support of his application; no one appeared in opposition. Er. Humphrey advised that the staff recommended approval sub- ject to Health Department approval of septic tank and well location and the Planning Commission concurred with this recommendation. On motion of Nr. Wood, seconded by Nr. Yancey, Nr. Vernon's application was unanimously approved. (3) Application of ~. Y. Sutherland for conditional use permit to locate a mobile home on 473176 acres at North Garden. Nr. Sutherland appeared in support of his application; no one appeared in opposition. Nr. Humphrey advised that the staff recommended approval subject to adopted setback of 1.10 feet from edge of pavement on Route 29, approval of septic field and water supply by the Health Department and that trees and shrubs existing on the property be maintained as much as possible. He advised that the Planning Commission recommended approval with the same conditions with the exception of the setback which would place a hardship on the landowner. Nr. Sutherland explained that he was locating this mobile home on his farm for an elderly man who was displaced by the construction of l~oute 64 and that because of the mountaim he would be unable to comply with the set back requirement. On motion of Nr. Yancey, seconded by Gibson, unanimously carried, Er. Sutherland's application was approved sub- ject to the first two conditions recommended by the Planning staff. (4) Application of Charles Hurt for Use Permit to amend Article 6-1-38 of the Zoning Ordinance to permit in a Business ~B-t zone with a conditional use permit "machimnery sales and service". No one appeared in connection with this application. Nr. Humphrey ad- vised that the staff and the Planning Commission recommended approval. Gibson stated that he felt a change is needed in the conditional use section oF the County's Zoning Ordinance and was advised by the County Executive that work is being done on this. ~r. Wheeler stated that this should be accomplished without delay. After discussion, motion was offered by Er. Gibson, seconded by Er. Yancey, and unanimously approved, giving approval to the application of Dr. Hurt. On motion, duly made and seconded, this meeting was adjourned until 7:00 P.~. on Earch 2t, 1969, said adjourned meeting to be held in the County Cou~t House. - c Chhirman- - "-"1