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HomeMy WebLinkAbout1952-02-04SPECIAL February %, 1952 Pursuant to the following waiver, the members of the Board of County Supervisors of Albemarle County, Virginia, met in special session on this date at 7:30 P.M. with the following members present: Messrs. C. Purcell NcCue, E. H. Bain, H. Ashby Harris, Edward L. Smith, J. W. Williams andWo ~. Wood: We~ the undersigned, members of the Board of County Supervisors of Albemarle County, Virginia, hereby waive notice, and special service thereof, of a meeting to be held at 7:30 P.M. on the %th day of February, 1952, in the County Office Building for the purpose of discussing property for the Charlottesville-Albemarle Airport, surveys in connection with the relocation of Route 7&3, the resignation of Mr. E. H. Bain from the Crozet Water Committee and County Planning Board, and the matter of social security~ and we do hereby consent to the transaction of any and alt business and the t~king of such action at said meeting upon the matters hereinabove mentioned as may be lawful, incident, and necessary thereto. E. H. Bain W. W. Wood The following certificate of Mrs. E~ W. Maupin, Clerk of the Circuit Cou~t was presented: It appearing to the Court that there is a vacancy upon the Board of County SuperVisors of this County occasioned by the resignation of Henry Chiles, the Court doth hereby designate and appoint E. H. Bain as a member of the Board of Co~_uty Supervisors of Albemarle County, Va. to fill the ~uexpired term of said Henry Chiles, resigned, ending December 31st, 1955. LYTTELTON WADDELL, JUDGE and E. H. BAIN, QUALIFItD E. H. Bain, who was on the 28th day of January, 1952, duly appointed a member of the Board of County Supervisors of the County of Albemarle, Virginia, fro~ the ~T~ite Hall Magisterial District there- of~ for the term of office, ending December 31st, 1955, on this the 31st day of January, 1952, together with the American Motorists Insurance Company of Illinois, a corporation chartered under the laws of th~ State of Illinois, his surety, entered into and acknowledged a bond in the penalty of One Thousand Dollars, conditioned and payable according to law, the said surety acting by Cammann C. Duke: its thereunto duly authorized agent and arty in fact, who executed said bond on behalf of the Company. And. thereUPon the said E. H. Bain took and subscribed the oath of office prescribed by law as a member of the Board of County Supervisors of Albemarle County, Virginia. A copy Teste: (Signed) Eva W. Maupin~ Clerk Upon motion, made by Mr. Williams and seconded by Mr. Bain, the following resolution was unanimously adopted: WHerEAS, at the regular monthly meeting of this Board held on December 19, 195!~ it was unanimously resolved to proceed to acquire by condemnation certain tracts of land for the purpose of locating thereon the Charlottesville,Albemarle Airport; AND ~S, one of said tracts, containing 32.20 acres, more or less, was then owned by Ross Lillard and Greta M. Lillard, his wife; A~ WHEREAS, after the adoption of said resolution, but before a petition for condemnation could be filed, said land was subdivided tn~o four tracts which are now owned as follows: 9.27 acres 5 acres 5 acres 12.93 acres Ross Lillard and Greta M. Lillard G. C. Spencer Greta M. Lillard Ross Lillard Airport; A~D WHF~EAS, this Board is now advised that new offers should be made to purchase from the respective owners the said land now subdivided; NOW, THEREFORE, BE IT RESOLVED that the Joint Airport Committee of this Board and the City Council of Charlottesville be a~d it hereby is authorized and directed to make offers to the present owners of the four tracts into which the 32.20 acres has been divided to purchase their respective tracts at prices to be fz~ea by said Committee in its discretion based ~pSn the appraisal made byN~ssrs. F. L. Watson and A. Gaines Fray which is referred to in the aforesaid resolution of December !9, !951, A~ BE IT ~THER RES0~VED, that, in the event said offers hereby authorized or anyof them are not accepted and the attempt to purchase shall be ineffectual in the case of any or all of said four tracts, the Commonwealth Attorney be, and he hereby is, directed to proceed, with the City Attorney of Charlottesville, to prepare and file the necessary legal proceedings to condemn in fee simple any or all of the said four tracts not so purchased in the joint names of the City of Charlottesville and the County of Albemarle and to prosecute ~aid proceedings to completion as soon as practicable. Nr. D. A. Robinson advised that the Resident Engineer of the Highway Department ha8 requested a supplement ~o the Board's resolution of December 19, 1951, requesting the State Highway Department to make all necessary surveys looking to the relocation of State Route 743 in Albemarle County~in con- nection with the Charlottesville-Albemarle Airport, Upon motion, made by Nr. Wood and seconded by ~r. Williams, the following resolution was unanimously adopted: BE IT~ESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the cost of surveying for the relocation of Route 743 in cornaection with the construction of the Charlottesville-Albemarle Airport ~s hereby guaranteed to the State Highway Department. Upon motion, made by ~. Wood and seconded by Nr. Williams, the following resolution was unanimously adopted: RESO~VED that this Board of County Supervisors of the County of Albemarle, Virginia, adopt the Plan of Agreement for coverage of employees of this County, under the Old Age and Survivor's Insurance provisions of Title 2 of the Federal Social Security Act as authorized by the Act of the General Assembly of Virginia adopted January 31, 1952, in form as prepared by the Director of the Virginia Re- tirement System, presented at this meeting, and RESOLVED that D. A. Robinson, County Executive, be and is hereby autho- rized on behalf Of this Board to execute said Plan and to do all other things necessary to car~~ out the terms and conditions of the Plan of Agreement, and RESOLVED FURTHER that pursuant to paragraph (2) of sub-section (c~ of section 5 of the Act of the General Assembly of Virginia adopted January ~l, 1952, there be and is hereby imposed upon all employees as identified insaid Act, as to services covered by said Plan, a contribution with respect to wages as defined in section 2 of said Act, nOt exceeding the amount of tax which would be imposed by the "Rate of Tax" section of part I of the Federal Insurance Contribution Act if such service constituted employment within the meaning of that Act, and that there be deducted the amount of such contribution from the wages as and when paid. The resignation of Nr. E. H. Bain from the County Planning Commission and the Crozet ~ater Committee was presented and upon motion, made by Nr. Williams and seconded by Nr. Wood was accepted. Upon motion, the meeting adjourned. Chairman 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, 1952. PreEent: Nessrs. C. Purcell McCue, E. H. Bain, H. Ashby Harris, Edward L. Smith, J. W. Williams, and W. W. Wood. Officers present: County Executive and Commonwealth's Attorney. Minutes of the meetings of January 16, January 17, January 28, and February 4, 1952, were read and approved. Mr. W. W. Shields appeared and informed the Board that the viewers appointed at the last regular meeting of the Board had gone over all of the road requests but had not prepared written reports He stated that these reports would be presented at the next regular Board meeting. ~. F. L. ~rris appeared before the Board and advised that the roads in Neadowbrook Heights had been graded etc. before the subdivision regulations regarding roads were adopted. ~Ir. Harris w~s a~ vised to write a letter to the State Department of Highways advising them of this matter so. that this could be considered ~e~hat Department reviews the request for a portion of Neadowbrook Heights to be included in the Secondary System. The following applications having been made to the Board of County Supervisors to approve of the placing of the roads as described in the applications in the Secondary Highway System, it is here- by ordered that Nessrs. Hugh N. Clark, Mr. C. C. Wade, and ~r. A. Gaines' Fray, resident freeholders of this County, be and they are hereby appointed viewers whose duty it shall be to examine such roads and report upon the expediency of establishing same; they shall, as soon as practible after receiving this order, proceed to make the views, and may examine other routes and locations than the ones proposed, and if of the opinion that there is a necessity for establishing public roads, they sh~ll locate the same, return a map or diagran~_ thereof, with a report to the Board stating locations of such roads, the con- venience and inconvenience that will result as well as to the individuals as to the public, whether said roads will be of such mere privmte convenience as to make it proper that they should be opened, estab- lished, and kept in order by the person or persons for whose convenience they are desired, whether any yard, gardens, or orchards will have to be taken; the names of the landowners on such roads, which of s~ owners will require compensation; what will be a just compensation to the landowners requiring compen- sation for th8 land so taken, and for the d~mages of the residue of the tract, if any, beyond the peculiar benefits to be derived in result to such residue from the roads to be established~ and all other facts and circumstances in their opinion useful in enabling the Board to deter~ine its expediency of establishing the roads, and they shall file such report with the Clerk of this Board; In the event that some of the landowners do not require compensation and they will execute written consent, giving the right of way in question, the said Viewers shall obtain such ~onsent and return it with their report; Provided, however, that the Chairman of the State Highway Commission, sometimes called the State Highway Commissioner, shall forthwith be notified and made a party to these proceedings, and that he shall l~ewise be notified of the time and place of the meeting of the Viewers herein designated: (1) 0.5 mile - Off Route 7~5 East of Route 29 in Sam~el ~iller District, by Seminole Club. (2) 0.~ mile - one-fourth mile south of city limits on Route 29 in Buckingham Sub- Division. (3) 'mile - Road by tenant housos on property of R. L. Jackson. A petition was received requesting hard surfac~ on Route 691 and wa~ ordered referred to 5~r. ~h land- Mr. T. R. Moore appeared before the Board and advised that some time ago he had built a house on his property and at the time had been advised by Mr. C. H. Shap!eigh, Surveyor, that should he build additional houses on his property, he should contact tha Planning Commission. ~r. Moore advised that he~ had contacted the Planning Commission and had been advised that his construction work was under the Sub- division Regu!atiSns. and ~r. Moore contended that he should be exempt, which contention was supported oy Attorney John Hamlet whoSe~:opinion w~s that ~r. Moore should be exempt under Section of the Sub- division Ordinance. Mr. Downing L. Smith, Commonwealth's Attorney, advised t~.. ~oore that this was a matter which should properly be presented to the Planning Co~mission for final ruling. After a lengthy discussion of this matter, motion was ~ade by Mr. Williams, seconded by Mr. Harris, referring the matter back to the Planning Commission. A petition was received from a number of citizens living on Rio Road requesting that the Board of Supervisors notify the Department of Finance not to issue a license for the operation of an automi- bile graveyard to Gene Wood in the Rio residential area. Mr. McCue advised the petitioners present that this matter would be taken under advisement and after a disnussion of the matter by the Board, it was decided that the entire Board would view Mr. Wood's automobile graveyard after this meeting before takin any action!, and it was further decided that Mr. Wood would be asked to appear before the Board at its next regm~lar meeting to discuss this matter. Mr. George 0mohundro appeared before the Board and requested that the Board adopt a resolution requesting the State Game Commission to adopt regulations prohibiting th8 shooting of high powered rifles in the Scottsville District during deer hunting season; ~fm~. M. Y. Sutherland requested that this resolution be written so as to make the regulation County-wide. Upon motion, made by Mr. Harris and seconded by~, Williams, the Commonwealth's Attorney was requested to prepare a resolution asking the Game Commission to ban the use of high powered rifles in the Scott~ville District of Albemarle County during the deer hunting season. 3 ~r. Guy F. Via appeared regarding the tax assessment lists being changed in the Department of Finance without notification to the taxpayer and also ~egarding the assessment of anticipated stock and requested that the Board investigate and correct these situations. Several other citizens appeared regarding these matters and after a lengthy discussion, the following resolution, offered by Mr. Bain and seconded byMr. Williams, was unanimously adopted: BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that in the matter of changing a taxpayer's assessment on personal property, either increased or decreased, it shall be the duty of the Director of Finance to properly notify the taxpayer beforehand, so that the taxpayer may be allowed to explain the assessment as he made it. Mr. D. A. Robinson,presented the following extract from the opinion of the Attorney General to each member of the Board: Honorable R. I. Barnes, Clerk Circuit Court of Richmond County Warsaw, Virginia My dear Mr. Barnes: I am in receipt of your letter of August ll, in which you ask in effect whether or not a co~missioner of the revenue may change the evaluation placed on tangible personal property by a taxpayer in filing his return. i am of the opinion that the commissioner of the revenue has ~is power. Section ~10 of the tax Code provides that "each commissioner of the revenue shall ascertain and assess, at fair market value, all the personal property not exempt from taxation, in his county or city." This section, in my opinion, authorizes the commissioner of the revenue to place the proper fair market value upon tangible property reported by a taxpayer where in his opinion the correct value has not be placed thereon by the taxpayer in making his return. If the commissioner of the revenue did not b~ve this power, then the result would be that the taxpayer would ~ reality be assessing himself, which would result in many cases in absolute lack of uniformity. Mr. M. Y. Sutherland, Jr. appeared an5. advised that last year he withdrew a claim for sheep killed by dogs belonging to his neighbor because of the fact that the Board had advised that the owner Attorney~ advised that the law provides that the Board of Cour_ty Supervisors Day sheep claims at fair market value and may take recourse to the dog owner for the amouut of claims although the County has not resorted to this recourse up to the tresent time. The following resolution was received from the School Board: BE IT RESOLVED that the Albemarle Co~uaty School Board hereby requests the Albemarle County Board of Supervisor~ to make available from unappropriated scho~!e fund surplus the amount of ~lC,700.O0 to be used under the recently passed Social Security Act as follows~ ~l, 500~00 - ~andatory - to pay the employer's share for non-reimbursable employees (other than teachers) due for the calendar~~ year 1951 &nd through June 30, 1952. $9,200°00 - Permissive - to pay the employees' share (teachers and 8~!l other School Board employees) for the calendar year 1951 and for the months of January and February, 1952, these employees to assume this obligation from ~arch l~ 1952. ~r. Cale and several members of the School Board appeared and discussed this request with the Board. After considerable discussion of this matter, the following resolution~ offered by Mr. ?~illiams and seconded by ~r. Bain, was unanimously adopted:- BE IT RESOLVED by the Board of County Supervisors of Albemarle Virginia~ that ~10,700.00 be and is hereby appropriated £rom the Unappropriated School Fund Surplus to be used as follows: ~1,500,00- Employer's share of non-reimbursable employees social se- curity due for the calendar year 1951 and through J~me 30, 1952. ~9,200.00 - Employees' share of social security due for the calendar year !951 and the months of January and February~ 1952. Upon motion~ made by ~. Williams and seconded by ~r. Smith, the following resolution was also ~uanimously adopted: BE IT RESOLVED by the Board of County Supervisors of Albemarle County~ Virginia that ~3,000o00 be and is hereby appropriated from the Unappropriated Re- Serve of the General Fund to be used as follows~' 1. - Employer's share of Social Security payments of all cotmty em- ployees other than schools for the czlendar year 1951 and through J~ae 30, 1952. 2. - Employees' share of social security pa~nents due for the calendar year !95! and the months of January and February, 1952. Claims against the Dog Tax F~uud were received from W. F. Via~ Jerry Bro~ua, Lydston D. B. Cady~ W. F. Collier, E. L. Bradley, Jr.~ Y~illiam No Hanckei~ Russell C. Bri!!~ ~. E~ Bu~ord~ and Wi~fieid~ Jr. and action thereon was deferred until after a conference with the Game Wardens. Report of the County Executive for the month of January, 1952, was presented, approved, and ordered filed. ~r. Do A. Robinson~ Director of Finance, submitted a Statement of Expenses of the Department of Finance for the month of ~ant~a~y~,- !952~ o~ne-third of which is to bs borne by the State~ Upon motion duly made and seconded, this Statement was examined~ verified and approved. ~r. D. Ao Robinson, Director of Finance, submitted a Statement of Expenses of the Sheriff's Office for the month of January, 1952, two-thirds of which to be borne by the S~ate~ Upon motion~ dul~ made and seconded, this Statement was examined~ verified, and approved. ~r. D. A. Robinson, Director of Finance~ submitted a Statement of Expenses of the Co~mon- wealth Attorney's Office for the month of January~ 1952~ one-half of which to be borne by the State. Upon motion, duly made and seconded~ this Statement was examined~ verified~ and approved. Statement of Expenses incurred in the maintenance of prisoners confined in the Country Jail during the month of January, !952, along with a Semmary Statement of Prisoner Days~ was submitted° Upoh motion, duly made and seconded, this Statement was examined~ verified and approved~ Claim of Dr. Richard T. Ergenbright, Jail Physi6ian, in the amount of $30.00 was presented and approved for payment. Claim of the University of Virginia Hospital in the amount of ~1,639.!$, one-half of ~m~hich is due by the County, was presented and approved f~r paym~nto The following order was received from ~rso Eva ~,. ~aupin, Clerk .of %he Circuit Court: VIRGINIA Compensation and ~ileage of Supervisors Ariic!e 6- Sec. 14-56. AT A CIRCUIT COHORT P~LD FOR T~ COUNTY OF ALBE~f~RLE ON THE 23rd DAY OF JANUARY, 1952. Present~--- Hon. L~te!ton Waddet!, Judge Pursuant to Title 14 Section 56 of the Code of Virginia it is OPO~ED that the total amnua! amotuut to be allowed as compensation for the entire membership of the Board of Supervisors of Albemarle Couuty be fixed at ~2~000o00) Two Thousand Dollars, effective as of January l, 1952. (Signed) Lyttelton, ~addell, Judge A copy te~te: (Signed)~Eva ~. Naupin, Cl~rk. Mr. Do Ao Robinson advised the Board that the First and Merchants National Bank of Richmond b~d requested the signatures of all Board members in the event of changes in securities under escrow agreement to which said bank is a party. Upon motion~ made by~o Bain and seconded by ~r; Williams, Mr. A. J~ Apperson was appointed Chairman of the Crozet Water Committee. The following letter was received from Mr. O. Ro Randolph: D. A. Robinson, County Executive Albemarle County ' ~ '~ Virginia Cnar!otoesvmm!e, Re: Crozet Water System. Dear~lr. Robinson: ! am ~ahdihg you herewith original and copies of plat and description of property being bought from Wayland. ~e have taken in approximately two acres more land than originally pointed out by Mr. Bain as being his understanding with Mr. Wayland. About half an acre of this is at the foot of Nad Run where we felt room was needed for spillway outfall and changing the charmel of ~ad Run. The remainder is along ~d Run where Mr. ~ayland requested that we move the line further North and take it up the bank of ~ad Run. This last was no~ needed by you except for a small portion at the dam site~ I am not. satisfied with the position of the line $73 41'E 65A.!' as I 'be!ieve that i~ should turn from t~e pipe corner on the hill more nearly at right angles to the line S5~ $$'E and go to a point on ~d Run some 500' to 600~ f~ther up the Rum. 5~y reason for this is that there is a wet weather stream crossing this line (line $73 4l'E),approximately paralleling ~d R~_u, and being pro~abl~ subject to the same contamination as ~;~d Run. This stream should be divertsd by d~e into ~ad Run and there is no suitable place for a dyke on the property you are buying under this survey. I raised this point with ~r. ~ayland when he pointed out the location for the line in question. He stated that he did not wish to give up the trees that would be involved by changing the lima but would be willing to have you build and maintain a 8yke on his land to accoDplish this diversion~ this dyke to be in a suitable location North of the road shown on the plat at this point. Provision for this should be made in the deed. The waters of ~ad Run are subject at present to contamination and I ~uderstand that while you do not at present wish to introduce them into the water system you do wish to make provision for their future use if they are needed. In Mr. Wayland's conveyance of his rights to these waters he should also convey the right to construct and to maintain such structures as may be necessary to you for the diversion, control~ and conveyance of the waters of Nad Run to the watershed of your reservior. Such structures to be of a t~e and in such locations as to most satisfactorily meet your needs as determine~ by your engineers° At present this cannot be mapped and would require a good deal of study to determin the best location for diversion structures. The deed should be broad in this request so as not to re- strict your engineers. There is a road problem involved in this survey and it appears that joint use should be pro- vided for. Use will be much greater by ~[ayland than by you and th~s shored be considered in any joint maintenance account that may be worked~ out. At the entrance from Route 684, the property line is in the old road and some question appear as to rights to cross the strip between the old road location and the present road. The Crozet Water Company, (now Albemarle County,, Wayland and other people living on this water shed have crossed the strip for a long period over existing roads as though it were a public way. I am calling this to your attehtion merely because it exists as a technicality which you might wish to have your attorney check mud determine if the County's rights should be clarified. I am sending a copy of this letter together with a copy of the plat to Mr. NcNutt so that we will have information on the location of line at spillway outfall. (SiEted) O.R. Randolph ~. Bain stated that he was satisfied with the amount of land included in the survey and that it it were determined at a later date that more land is needed, it sho~:2d be considered a separate negotiation. Mr. Robinson stated that he still felt that the Board should be governed by ffhe recom- mendations of ~iley and ~ilson. Upon motion, made by Mr. Bain and seconded by Er. Williams~ the follow. Virginia, that the foregoing recommendations of N~. O. R. Randolph be and are hereby accepted and the p~chase of the property from G. Bourne Wayland included in th~ sur- vey made by Nr. Randolph be smd is hereby authorized. BE IT FuzT~ER RESOLVED that the Commonwealth's Attorney be and is hereby instructed to include in the deed~ if possible, the right of the County to build and maintain a dyke on the property of Bourne Wayland not included in the survey to divert water into Nad Run. Mr. D. A. Robinson advised the Board that he had received notice k_om~ Nichael and Nusseiman, Attorneys, of two tax suits being brought against the County by Lydston Do B. Cady regarding sheep assessments. Nr. Robinson advised the Board that the University of Virginia Hospital had requested that the Board execute a new S.L.H. Contract covering the period April l, 1952 through June 30, 1952~ Upon motion, made by Nr. Williams and seconded by Er. Bain,the following resolution was ~nanimously adopted: BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that Nr. D. A. Robinson, Director of Finance, be and is hereby authorized to execute agreement with the University of Virginia Hospital and the Department of Welfare and Institutions for State and local Hospitalization of ind&gents at the rate of ~14.90 per day for the period beginning April ~, 1952 and ending June 30~ 19~2. Nr. Robinson presented to the Board a report of the District Home Board for the t~o month period ending December 31, 1951, and also advised that Nr. D. B. Ear~hall, former Commonwealth's Attorne had returned to him the file on the matter of Waynesboro's participation in the District Home with the statement that nothing had been done regarding this matter. The Chairman turned this matter over to Nr. D. A. Robinson and Nr. Do~ming L. Smith. Communication was received from Nr. F. E. Paulett expressing his appreciation to the Board for his appointment to the School Board and advising that he would serve to the best of his ability. Annual reports were received from the Farm and Home Demonstration Agents and were ordered filed. Commtusication was received from the State Chamber of Commerce and was ordered filed. A report on the audit of the accounts and records of the Trial Justice Office for the period ~rch 14 through June 30, 1951, waa received from the Auditor of Public Account~ and was ordered filed. Upon motion~ made by ~r. Bain and seconded by Nr. Williams, the following resolution was unanimously adopted: E~EREAS, it is the opinion of this Board that all other means for the collection of delinquent State and local taxes should be used prior to the use of processes of ga~nishment of salaries and levy on bank accosnts~ NOW, THEREFOP~E, BE IT RESOLVED that the Director of Finance be and he is hereby directed to furnish to this Board, or a Committee thereof appointed hy the Chairman, a list of delinquent taxpayers against whom such processes are pro- posed to be used. BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to Mr. C. H. ~orrissett, State Tax Commissioner. Upon motion, made by Nr. Wood and seconded by Er. Bain, ~(r. NcCue was authorized to sign the following agreement with the Blue Ridge Slate Corporation for a p¢olic dump at Esmont:- THIS AGREE~L~, made this 29th day of January, 1952, by and between BLUE RIDGE SLATE CORPORATION, hereinafter called the owner and THE BOARD OF COUNTY SUPERVISORS OF ALBE~AR~E COUNTY, VIRGINIA, hereinafter called the County, W I T N E S S E ~H : Tb~t for &nd in consideration of the payments hereinafter set forth and of the covenants ~erei~after contained~ the owners hereby ~rant and conve~ unto the Cosmty the right to use as a oublic ~agisterial District of Albemarle County, Virginia, south of and adjacent to the present location of the highway known as State Route #6. The ~o~tion of the lands to be used as a p~2o]ic d~ping ground as aforesaid shall be that portion described as follows: Beginning at a point in the western margin of Ballinger Creek 50 feet south of the southern margin of the said Highway, thence with Ba!linger Creek in a southwesterly direction 200 feet to a point, thence a strzight line parallel to the southern margin of the Said Highway a distance of 600 feet to a point, thence at right angles 200 feet more or less, to a point 50 feet from the ~aid southern margin of said highway, thence in a straight line parallel to the said southern margin of said highway 600 feet~ more or less~ to the begi~ming. The said owner also agrees that the Co~u~ty shall have the right to construct and maintain a single lane road for purposes of ingress and egress to and from said dumping grounds. This agreement shall remain in full force and effect for a period of five years from the date hereof, provided, however~ that it may be terminated at any t~ie by either party upon 90 days written notice to the other party of intention to terminate. This agreement is subject to the following covenants: (1) The County will take all responsibility for compliance with health reg~2ations and other laws in the maintenance of a public dump in accordance herewith. (2) The County .will restrict d~mping to the area herein described at al! times and will cover the material dumped therein periodically as often as practicable. (3) The County will pay to the said owners the sum of ~60.00 annually in quarterly install- ments so long as this agreement remains in force. (~) The County is to have the right to cut brush and trees fro~ the lan~ herein~described so as to render the dumping grounds safe from unnecessary fire hazards, but the om~er is to have the right to any timber or trees so cut. (5) Residents of the County of Albemarle shall have the right to enter upon the lands herein- above described for the purpose of dumping trash and other refuse~ provided, however, that all such residents of A!bemarle~ County shall be restricted to entering upon these lands to a reute to be fixed upon location of the aforesaid single land road. Cla%~s against the County amounting to ~!78,975.00 were ?~resented, examined~ and allowed and certified to the Director of Finance for payment and charged against the following funds: General Fund School F~uud Dog Tax Fund Crozet Fire District Fund Join~ Health Fund Crozet Sanitary District Fund School Construction Bond Fund Albemarle Central High School Construction Fund ~oolen Ni!!s Sanitary District Fund 26,468.18 65,652.06 Aog. So 8o65 3~075o9& 746.34 13,331.38 69~263.45 19.20 ~178~975o00 Upon motion, duly made and seconded~ the Board adjourned until 7:30 P.~. on February 27~ 1952 Chairman